ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 225/49

Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA

(Case C-381/12 P) (1)

(Appeal - Community trade mark - Community mark B. Antonio Basile 1952 - Earlier national mark BASILE - Application for a declaration of invalidity - Limitation in consequence of acquiescence - Regulation (EC) No 40/94 - Article 53(2) - Relative ground for refusal - Article 8(1) of that regulation - Likelihood of confusion)

2013/C 225/86

Language of the case: Italian

Parties

Appellant: I Marchi Italiani Srl (represented by: L. Militerni and G. Militerni, avvocati)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent), Osra SA

Re:

Appeal lodged against the judgment of the General Court (Sixth Chamber) of 28 June 2012 in Case T-133/09 I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2), concerning invalidity proceedings between Osra SA and I Marchi Italiani Srl — Misapplication of Article 135 of the Rules of Procedure of the General Court — Infringement of the principle of good faith — Limitation in consequence of acquiescence — Prerequisites for the limitation period to run — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue

Operative part of the order

1. The appeal is dismissed.

2. I Marchi Italiani Srl shall pay the costs.

(1) OJ C 303, 6.10.2012
EN Official Journal of the European Union C 344/53

Order of the President of the Court of 23 July 2013 — European Commission v Republic of Poland

(Case C-245/12) (1)

2013/C 344/91

Language of the case: Polish

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 200, 7.7.2012.
EN Official Journal of the European Union C 225/46

Order of the Court (Seventh Chamber) of 13 June 2013 — DMK Deutsches Milchkontor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Lactimilk SA

(Case C-346/12 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Community word mark MILRAM - Opposition by the proprietor of the earlier national word and figurative marks RAM)

2013/C 225/80

Language of the case: German

Parties

Applicant: DMK Deutsches Milchkontor GmbH (represented by: W. Berlit, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Pohlmann, acting as Agent), Lactimilk SA (represented by: P. Casamitjana Lleonart, abogado)

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 22 May 2012 in Case T-546/10 Nordmilch v OHIM — LACTIMILK (MILRAM) by which the General Court dismissed an action against the decision of the Fourth Board of Appeal of OHIM of 15 September 2010 (joined cases R 1041/2009-4 and R 1053/2009-4) concerning opposition proceedings between Lactimilk SA and Nordmilch AG — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the order

1. The appeal is dismissed.

2. DMK Deutsches Milchkontor GmbH shall pay the costs.

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 112/16

Order of the Court (Third Chamber) of 30 January 2014 — Industrias Alen SA de CV v The Clorox Company, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-422/12 P) (1)

((Appeal - Article 181 of the Rules of Procedure - Community trade mark - Opposition proceedings - Application for Community word mark CLORALEX - Earlier national word mark CLOROX - Likelihood of confusion - Regulation (EC) No 207/2009 - Article 8(1)(b) - Cross-appeal - Article 176 of the Rules of Procedure - Requirement to introduce the cross-appeal by a separate document))

2014/C 112/18

Language of the case: Spanish

Parties

Appellant: Industrias Alen SA de CV (represented by: A. Padial Martinez, abogada)

Other parties to the proceedings: The Clorox Company (represented by: S. Malynicz, Barrister), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 10 July 2012 in Case T-135/11 Clorox v OHIM — Industrias Alen (CLORALEX), by which that court annulled the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 December 2010 (Case R 521/2009-4).

Operative part of the order

1. The main appeal and the cross-appeal are dismissed.

2. Industrias Alen SA de CV is ordered to bear its own costs and to pay the costs incurred by The Clorox Company.

3. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is to bear its own costs.

(1) OJ C 379, 8.12.2012.
EN Official Journal of the European Union C 52/22

Order of the Court (Sixth Chamber) of 14 November 2013 — TeamBank AG Nürnberg v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Fercredit Servizi Finanziari SpA

(Case C-524/12 P) (1)

(Appeal - Community trade mark - Figurative mark f@ir Credit - Opposition by the proprietor of the Community figurative mark FERCREDIT - Refusal of registration)

2014/C 52/37

Language of the case: German

Parties

Appellant: TeamBank AG Nürnberg (represented by: D. Terheggen, lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Fercredit Servizi Finanziari SpA (represented by: G Petrocchi, A. Masetti Zannini de Concina and R. Cartella, lawyers)

Re:

Appeal against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T-220/11 TeamBank v OHMI — Fercredit Servizi Finanziari, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 719/2010-1) relating to opposition proceedings between Fercredit Servizi Finanziari SpA and TeamBank AG Nürnberg — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Likelihood of confusion between a figurative sign including the word element ‘f@ir Credit’ and an earlier international figurative mark including the word element ‘FERCREDIT’.

Operative part of the order

1. The appeal is dismissed.

2. Team Bank AG Nürnberg is ordered to pay the costs.

(1) OJ C 9, 12.1.2013.
EN Official Journal of the European Union C 315/44

Order of the President of the Court of 5 June 2014 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Emilio Pucci International BV

(Case C-578/12 P) (1)

2014/C 315/71

Language of the case: English

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 46, 16.2.2013.
EN Official Journal of the European Union C 184/21

Order of the President of the Court of 26 February 2014 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Werner Krieger v ERGO Lebensversicherung AG

(Case C-459/12) (1)

2014/C 184/28

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 9, 12.1.2013.
EN Official Journal of the European Union C 102/12

Order of the Court (Second Chamber) of 28 November 2013 (request for a preliminary ruling from the 5a Vara Cível de Lisboa — Portugal) — Sociedade Agrícola e Imobiliária da Quinta de S. Paio Lda v Instituto da Segurança Social IP

(Case C-258/13) (1)

((Request for a preliminary ruling - Charter of Fundamental Rights of the European Union - Right to an effective remedy - Legal persons pursuing a commercial objective - Legal aid - No link with European Union law - Clear lack of jurisdiction of the Court))

2014/C 102/15

Language of the case: Portuguese

Referring court

5a Vara Cível de Lisboa

Parties to the main proceedings

Applicant: Sociedade Agrícola e Imobiliária da Quinta de S. Paio Lda

Defendant: Instituto da Segurança Social IP

Re:

Request for a preliminary ruling — Varas Cíveis de Lisboa — Interpretation of Articles 6 and 267 TFEU and Article 47 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1) — Right to an effective remedy — National legislation excluding legal persons pursuing a commercial objective from obtaining legal aid — Exemption from the legal charges applicable to those legal persons where they are insolvent or have entered into a composition with creditors.

Operative part of the order

The Court manifestly has no jurisdiction to rule on the questions referred for a preliminary ruling by the 5a Vara Cível de Lisboa (Portugal) in its decision of 13 March 2013 (Case C-258/13).

(1) OJ C 215, 27.7.2013.
EN Official Journal of the European Union C 52/23

Order of the Court (Eighth Chamber) of 12 December 2013 (request for a preliminary ruling from the Tribunale ordinario di Aosta — Italy) — Rocco Papalia v Comune di Aosta

(Case C-50/13) (1)

(Request for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Social policy - Directive 1999/70/EC - Clause 5 of the Framework Agreement on fixed-term work - Public sector - Successive contracts - Misuse - Compensation for damage - Conditions for the payment of compensation in the event of the unlawful fixing of a date on which a contract of employment will expire - Principles of equivalence and effectiveness)

2014/C 52/39

Language of the case: Italian

Referring court

Tribunale ordinario di Aosta

Parties to the main proceedings

Applicant: Rocco Papalia

Defendant: Comune di Aosta

Re:

Request for a preliminary ruling — Tribunale ordinario di Aosta — Interpretation of Clause 5 of the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Public administration — Compensation in the event of the unlawful fixing of a date on which a contract of employment will expire — Conditions — Evidence of damage incurred — Need to prove that better work opportunities were foregone

Operative part of the order

The framework agreement on fixed-term work, concluded on 18 March 1999, which is set out in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding measures provided for by national legislation, such as that at issue in the main proceedings, which, in the event of misuse by a public employer of successive fixed-term employment contracts, provides solely for the right for the worker concerned to obtain compensation for the damage which he considers himself to have therefore incurred, without any transformation of the fixed-term employment relationship into an employment relationship for an indefinite period, where the right to that compensation is subject to the obligation on that worker to prove that he was forced to forego better work opportunities, although the effect of that obligation is to render impossible in practice or excessively difficult the exercise by that worker of rights conferred by European Union law.

It is for the referring court to assess to what extent the provisions of domestic law aimed at penalising the misuse by the public administration of successive fixed-term employment contracts or relationships comply with those principles.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 175/16

Order of the Court (Fifth Chamber) of 6 February 2014 (reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Łodzi — Poland) — Marcin Jagiełło v Dyrektor Izby Skarbowej w Łodzi

(Case C-33/13) (1)

((Request for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Taxation - VAT - Sixth Directive - Right of deduction - Refusal - Invoice issued by a company acting as a front))

2014/C 175/18

Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny w Łodzi

Parties to the main proceedings

Applicant: Marcin Jagiełło

Defendant: Dyrektor Izby Skarbowej w Łodzi

Re:

Request for a preliminary ruling — Wojewódzki Sąd Administracyjny w Łodzi — Interpretation of Article 4(1) and (2), read in conjunction with Article 5(1), and of Article 17(2)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Right to deduct input VAT — Refusal to allow a recipient of supplies to deduct VAT in the case where the vendor uses the corporate name of another person — Intentional non-disclosure of the vendor’s own activity — Invoice issued by a person other than the vendor — No need to establish that the purchaser was aware of the fact that the transaction in question was linked to criminal activity or to some other irregularity committed by the vendor or by the body cooperating with it

Operative part of the order

Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 2001/115/EC of 20 December 2001, must be interpreted as meaning that a taxable person may not be refused the right to deduct VAT due or paid in respect of goods supplied to him on the ground that, in view of fraud or irregularities committed by the issuer of the invoice for that supply, the supply is considered not to have actually been made by the issuer, unless it is established, on the basis of objective evidence and without requiring of the taxable person checks which are not his responsibility, that that taxable person knew, or should have known, that that supply was connected with VAT fraud — a matter which it is for the referring court to determine.

(1) OJ C 141, 18.05.2013
EN Official Journal of the European Union C 112/19

Order of the Court (Sixth Chamber) of 30 January 2014 (request for a preliminary ruling from the Tribunale ordinario di Firenze — Italy) — Paola C v Presidenza del Consiglio dei Ministri

(Case C-122/13) (1)

((Request for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2004/80/EC - Article 12 - Compensation of victims of violent intentional crime - Purely internal situation - Clear lack of jurisdiction of the Court))

2014/C 112/22

Language of the case: Italian

Referring court

Tribunale ordinario di Firenze

Parties to the main proceedings

Applicant: Paola C

Defendant: Presidenza del Consiglio dei Ministri

Re:

Request for a preliminary ruling — Tribunale Ordinario di Firenze — Interpretation of Article 12 of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ 2004 L 261, p. 15) — Scope — Legislation not providing a compensation scheme for victims of violent intentional crime committed in national territory ensuring fair and appropriate compensation to all victims of violent crimes.

Operative part of the order

The European Court of Justice clearly has no jurisdiction to answer the question put by the Tribunale ordinario di Firenze (Italy).

(1) OJ C 141, 18.5.2013.
EN Official Journal of the European Union C 184/5

Order of the Court (Sixth Chamber) of 13 February 2014 — Marek Marszałkowski v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Mar-Ko Fleischwaren GmbH & Co. KG

(Case C-177/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community figurative mark with the word elements ‘Walichnowy’ and ‘Marko’ - Opposition by the proprietor of the Community word MAR-KO - Relative ground for refusal - Likelihood of confusion))

2014/C 184/06

Language of the case: Polish

Parties

Appellant: Marek Marszałkowski (represented by: C. Sadkowski, lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent), Mar-Ko Fleischwaren GmbH & Co.

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 4 February 2013 in Case T-159/11 Marszalkowski v OHIM — Mar-Ko Fleischwaren (WALICHNOWY MARKO), by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 11 January 2011 (Case R 760/2010-4) which annulled the decision of the Opposition Division dismissing the opposition brought by the proprietor of the Community word mark ‘Mar-Ko’ in respect of goods in Class 29 of the Nice Agreement — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) and Article 48(2) of the Rules of Procedure of the General Court — Relative ground for refusal — Likelihood of confusion

Operative part of the order

1. The appeal is dismissed.

2. Marek Marszałkowski is ordered to pay the costs.

(1) OJ C 207, 20. 7. 2013.
EN Official Journal of the European Union C 184/5

Order of the Court (Seventh Chamber) of 27 February 2014 (request for a preliminary ruling from the Commissione tributaria provinciale di Latina (Italy)) — Francesco Acanfora v Equitalia Sud SpA — Agente di Riscossione Latina and Agenzia delle Entrate — Ufficio di Latina

(Case C-181/13) (1)

((Request for a preliminary ruling - Article 107 TFEU - ‘State aid’ - National legislation which, in the event that tax is not paid, obliges the taxable person to pay the tax collection agency an amount equal to 9% of the sums entered in the tax roll as remuneration for tax collection activities - Description of the factual context - Lack of description - Manifestly inadmissible))

2014/C 184/07

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Latina

Parties to the main proceedings

Applicant: Francesco Acanfora

Defendants: Equitalia Sud SpA — Agente di Riscossione Latina, Agenzia delle Entrate — Ufficio di Latina

Re:

Request for a preliminary ruling — Commissione tributaria provinciale di Latina — Interpretation of Article 107 TFEU — ‘State aid’ — National legislation which, in the event that the assessment notice is not complied with, obliges the taxable person to pay the tax collection agency an amount equal to 9% of the sums entered in the tax roll as collection fees

Operative part of the order

The request for a preliminary ruling made by the Commissione tributaria provinciale di Latina (Italy) by decision of 5 December 2012 is manifestly inadmissible.

(1) OJ C 207, 20.07.2013.
EN Official Journal of the European Union C 261/6

Order of the Court (Eighth Chamber) of 22 May 2014 — Bilbaína de Alquitranes, SA and Others v European Chemicals Agency (ECHA)

(Case C-287/13 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Regulation (EC) No 1907/2006 (REACH) - Article 59 and Annex XIII - Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure - Equal treatment))

2014/C 261/08

Language of the case: English

Parties

Appellants: Bilbaína de Alquitranes, SA, Cindu Chemicals BV, Deza, a.s., Industrial Química del Nalón, SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV, Rütgers Poland Sp. z o.o. (represented by: K. Van Maldegem, lawyer)

Other party to the proceedings: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere and T. Zbihlej, Agents, and by J. Stuyck and A.-M. Vandromme, advocaten)

Operative part of the order

The Court (Eighth Chamber) hereby:

1. Dismisses the appeal;

2. Orders Bilbaína de Alquitranes SA, Cindu Chemicals BV, Deza a.s., Industrial Química del Nalón SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV and Rütgers Poland sp. z o.o. to pay the costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 261/19

Order of the President of the Court of 4 April 2014 — European Commission v Republic of Estonia

(Case C-493/13) (1)

2014/C 261/35

Language of the case: Estonian

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 315/28

Order of the Court (Sixth Chamber) of 19 June 2014 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Henryk Teisseyre, Jan Teisseyre v Minister Skarbu Państwa

(Case C-370/13) (1)

((Reference for a preliminary ruling - Article 18 TFEU - Citizenship of the Union - Non-discrimination - Compensation for loss of abandoned immovable property outside the current borders of the Member State concerned - Citizenship condition - Lack of connection to EU law - Clear lack of jurisdiction of the Court))

2014/C 315/43

Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings

Applicants: Henryk Teisseyre, Jan Teisseyre

Defendant: Minister Skarbu Państwa

Operative part of the order

The Court of Justice of the European Union clearly lacks jurisdiction to reply to the question referred by the Naczelny Sąd Administracyjny (Poland).

(1) OJ C 291, 5.10.2013.
EN Official Journal of the European Union C 261/20

Order of the President of the Court of 4 May 2014 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — CD Consulting s. r. o. v Marián Vasko

(Case C-558/13) (1)

2014/C 261/36

Language of the case: Slovak

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 45, 15.2.2014.
EN Official Journal of the European Union C 409/20

Order of the Court (Tenth Chamber) of 4 September 2014 — Ghezzo Giovanni & C. Snc di Ghezzo Maurizio & C. v Cooperativa Mare Azzurro Socialpesca Soc. coop. arl, formerly Cooperativa Mare Azzurro Soc. Coop. rl, Cooperativa vongolari Sottomarina Lido Soc. coop. rl, European Commission

(Case C-145/13 P) (1)

((Appeal - State aid - Aid to firms established in Venice and Chioggia - Article 181 of the Rules of Procedure of the Court))

2014/C 409/27

Language of the case: Italian

Parties

Appellant: Ghezzo Giovanni & C. Snc di Ghezzo Maurizio & C. (represented by: R. Volpe and C. Montagner, avvocatesse)

Other parties to the proceedings: Cooperativa Mare Azzurro Socialpesca Soc. coop. arl, formerly Cooperativa Mare Azzurro Soc. Coop. rl, Cooperativa vongolari Sottomarina Lido Soc. coop. rl, and European Commission (represented by: V. Di Bucci, G. Conte and D. Grespan, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Ghezzo Giovanni & C. Snc di Ghezzo Maurizio & C shall pay the costs.

(1) OJ C 207, 20.7.2013.