ddrg/super_eurlex huggingface dataset:
Keywords

Subject of the case

Operative part



Keywords

Appeals

–

Grounds

–

Incorrect assessment of the facts

–

Inadmissibility

–

Review by the Court of Justice of the assessment of the facts and evidence

–

Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 35

)

Subject of the case

Re:

Appeal against judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T‑35/07 Leche Celta v OHIM , by which that court rejected the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 relating to opposition proceedings between Leche Celta SL and Celia SA – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal of registration – Likelihood of confusion linked to application for registration of a mark similar to an earlier mark covering identical goods – Comparison of signs visually, phonetically and conceptually.

Operative part

Operative part:

1. The appeal is dismissed.

2. Leche Celta SL is ordered to pay the costs.
Operative part



Operative part

On those grounds, the Court (Fifth Chamber) hereby orders:

1. The appeal is dismissed.

2. Mrs Scippacercola and Mr Terezakis shall pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Approximation of laws

–

Medicinal products

–

Directive 89/105

–

Medicinal products for human use (Council Directive 89/105, Arts 1(1) and 4(1)) (see para 8, operative part 1-4

)

Subject of the case

Re:

Reference for a preliminary ruling – Tribunale Amministrativo Regionale del Lazio – Interpretation of Article 4(1) and (2) of Council Directive 89/15/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ 1989 L 40, p. 8) – Medicinal products covered by a price freeze – Procedures to be followed in the event of any decrease in prices.

Operative part

Operative part:

1. Article 4(1) of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems must be interpreted as meaning that, provided that the requirements laid down in that provision are respected, the competent authorities of a Member State may adopt general measures consisting of the reduction in the prices of all medicinal products or certain categories of medicinal products, even if the adoption of those measures is not preceded by a freezing of those prices.

2. Article 4(1) of Directive 89/105 must be interpreted as meaning that, provided that the requirements laid down in that provision are respected, the adoption of measures to reduce the prices of all medicinal products or certain categories of medicinal products is possible several times per year and for many years.

3. Article 4(1) of Directive 89/105 must be interpreted as not precluding the adoption of measures seeking to control the prices of all medicinal products or certain categories of medicinal products on the basis of expenditure predictions, provided that the requirements laid down in that provision are respected and that those predictions are based on objective and verifiable information.

4. Article 4(1) of Directive 89/105 must be interpreted as meaning that it is the task of the Member States to determine, in compliance with the objective of transparency pursued by that directive and the requirements laid down in that provision, the criteria in accordance with which the macroeconomic conditions laid down in that provision are to be verified, and that that criteria may consist of pharmaceutical expenditure alone, of total health expenditure or other types of expenditure.
Keywords

Subject of the case

Operative part



Keywords

Preliminary rulings

–

Admissibility

–

Questions referred without sufficient information on the factual and legislative context

–

Manifest inadmissibility (Art. 234 EC; Statute of the Court of Justice, Art. 23; Rules of Procedure of the Court of Justice, Art. 92(1) and 103) (see paras 25-40

)

Subject of the case

Re:

Reference for a preliminary ruling – Oberlandesgericht Naumburg – Interpretation of Article 86 EC, in conjunction with Article 81(1)(a) and (d) and 81(2) EC – National rules granting exemption from court fees to an investment bank established by the Land .

Operative part

Operative part:

The references for a preliminary ruling from the Oberlandesgericht Naumburg made by decisions of 1 and 2 September 2008 are manifestly inadmissible.
Keywords

Subject of the case

Operative part



Keywords

Freedom of establishment

–

Restrictions

–

National legislation requiring an administrative licence to be obtained before new pharmacies may be opened in a particular area (Art. 49 TFEU) (see paras. 14-34, operative part.

)

Subject of the case

Re:

Reference for a preliminary ruling – Juzgado de lo Contencioso-Administrativo No 2 de Granada – Interpretation of Article 43 EC – Legislation laying down the conditions for the opening of new pharmacies – Limits according to the number of inhabitants and the need to maintain a minimum distance between the pharmacies.

Operative part

Operative part:

Article 49 TFEU must be interpreted as not precluding, in principle, national legislation, such as that at issue in the main proceedings, that imposes restrictions on the issue of licences for the opening of new pharmacies, by providing that:

– in each pharmaceutical area, a single pharmacy may be opened, as a general rule, per unit of 2 800 inhabitants;

– a supplementary pharmacy may not be opened until that threshold has been crossed, that pharmacy being established for the fraction above 2 000 inhabitants; and

– each pharmacy must be a minimum distance away from existing pharmacies, that distance being, as a general rule, 250 metres.

Nevertheless, Article 49 TFEU precludes such national legislation in so far as the basic ‘2 800 inhabitants’ and ‘250 metres’ rules prevent, in any geographical area which has special demographic features, the establishment of a sufficient number of pharmacies to ensure adequate pharmaceutical services, which is a matter for the national court to ascertain.
Order of the Court (Seventh Chamber) of 9 December 2009 — Marcuccio v Commission

(Case C-432/08 P)

‛Appeal — Officials — Social security — Payment of medical expenses — Implied rejection of the application seeking reimbursement in full of medical expenses incurred by the applicant — Appeal in part manifestly inadmissible and in part manifestly unfounded’

Appeals — Grounds — Incorrect assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 24)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 9 July 2008 in Joined Cases T-296/05 and T-408/05 Marcuccio v Commission, by which the Court dismissed as inadmissible the application for annulment of two implied decisions of the Joint Sickness Insurance Scheme of the European Communities refusing to pay 100% of certain medical costs incurred by the applicant and an application for an order that the Commission pay to the applicant amounts in respect of certain medical costs.

Operative part

The Court:

1. Dismisses the appeal;
Order of the Court (Sixth Chamber) of 11 July 2008 – Criminal proceedings against Babanov

(Case C‑207/08)

Article 104(3) of the Rules of Procedure, first subparagraph – Agriculture – Free movement of goods – National legislation prohibiting the cultivation of any type of hemp

1. Agriculture – Common organisation of the markets – Flax and hemp (Council Regulation No 1782/2003, recital 27 and Art. 52) (see paras 24-32, operative part 1)

2. Community law – Direct effect – Primacy – Community legislation governing the cultivation of hemp grown for fibre (Art. 10 EC) (see paras 34-36, operative part 2)

Re:

Reference for a preliminary ruling – Panevėžio apygardos teismas – Compatibility with the law of the European Union of national legislation providing for criminal liability for cultivating any type of hemp – Power of a court to apply national legislation when the hemp content of active substances does not exceed a certain threshold.

Operative part

1. Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 must be interpreted as meaning that it precludes national legislation which has the effect of prohibiting the cultivation and possession of hemp grown for fibre covered by that regulation.
Keywords

Subject of the case

Operative part



Keywords

Judicial proceedings — Costs — Taxation — Recoverable costs — Expenses necessarily incurred by the parties — Fees paid by an institution to its lawyer — Included — Elements to be taken into consideration for the purposes of taxation of costs (Rules of Procedure of the Court of Justice, Art. 144(b)) (see paras 11, 13)

2. Judicial proceedings — Costs — Taxation — Recoverable costs — Elements to be taken into consideration — Expenses necessarily incurred in relation to taxation proceedings (Rules of Procedure of the Court of Justice, Art. 145) (see para. 22)

Subject of the case

Re:

Application for taxation of costs following the order of the Court (Seventh Chamber) of 9 December 2009.

Operative part

Operative part

The total costs to be reimbursed by Mr Luigi Marcuccio to the European Commission in Case C-513/08 P are fixed at EUR 6 500.
Order of the Court (Sixth Chamber) of 12 February 2009 – Bild digital and ZVS Zeitungsvertrieb Stuttgart v Präsident des Deutschen Patent- und Markenamts

(Joined Cases C‑39/08 and C-43/08)

First subparagraph of Article 103(3) of the Rules of Procedure – Directive 89/104/EEC – Applications for registration of trade marks – Examination on a case-by-case basis – Failure to take account of earlier decisions – Manifest inadmissibility

Approximation of laws – Trade marks – Directive 89/104 – Registration of a trade mark refused or trade mark declared invalid – Prior registration of the trade mark in certain Member States – Effect (Council Directive 89/104, Art. 3(1)(b) and (c)) (see para. 19)

Re:

Reference for a preliminary ruling – Bundespatentgericht (Germany) – Interpretation of Article 3 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) – Examination of applications for registration of trade marks on a case-by-case basis without account being taken of earlier decisions in similar situations – Refusal to register a trade mark applied for by the proprietor of a series of similar marks.

Operative part:

The competent authority of a Member State called upon to rule on an application for registration of a trade mark is not required to disregard the grounds for refusal of registration set out in Article 3(1)(a), (b) and (c) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by Council Decision 92/10/EEC of 19 December 1991, and to grant that application on the ground that the sign for which registration as a trade mark is sought is composed in a manner identical or comparable to a sign which it has already accepted for registration as a trade mark and which refers to identical or similar goods or services.
Order of the Court (Eighth Chamber) of 10 February 2009 – Correia de Matos v Commission

(Case C‑290/08 P)

Appeals – Application for the word ‘prejudicial’ to be replaced by the word ‘pré-judicial’ in the Portuguese-language version of Community provisions – Commission decision not to accede to the request – Appeal partly manifestly inadmissible and partly manifestly unfounded

1. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Commission letter rejecting a request for the terminological rectification of Article 234 EC in the Portuguese-language version – Commission incompetent to amend the provisions of the Treaty – Action manifestly unfounded (Art. 230 EC) (see paras 14-15)

2. Appeals – Grounds – Error of law relied on not identified – Inadmissibility (Statute of the Court of Justice, Arts 21 and 56; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 18-22)

Re:

Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 9 April 2008 in Case T-38/08 Corriea de Matos v Commission by which the Court of First Instance dismissed an action for the annulment of the Commission’s letter of 23 October 2007, sent to the applicant in response to his application for the word ‘prejudicial’, in the Portuguese‑language version of Article 234 EC, to be replaced by the word ‘pré‑judicial’.

Operative part

1. The appeal is dismissed.

2. Mr Correia de Matos is ordered to pay the costs.
Order of the President of the Court of 10 December 2009 – Commission v Italy

(Case C-573/08 R)

Application for interim measures – Interim measures – Conservation of wild birds – Directive 79/409/EEC – Derogations from the system of protection

1. Application for interim measures – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Weighing up of all the interests involved (Art. 279 TFEU) (see paras 11-12)

2. Environment – Conservation of wild birds – Directive 79/409 – Implementation by Member States – Derogations from the general system of protection – Conditions for granting (Council Directive 79/409, Art. 9(1) and (2)) (see paras 15-16, 23-24)

3. Application for interim measures – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof placed on the applicant (Art. 279 TFEU) (see paras 17-18, 25-26)

Re:

Failure of a Member State to fulfil obligations – Infringement of Arts 2, 3, 4, 5, 6, 7, 9, 10, 11, 13 and 18 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) – Incorrect transposition – Derogations – Requirements.

Operative part

The Court:

1. Orders the Italian Republic to suspend the application of Article 4(1) of the Law of the Regione di Lombardia No 24 of 30 July 2008 regulating the derogation system provided for by Article 9 of Council Directive 79/409/EEC on the conservation of wild birds, pursuant to Law No 221 of 3 October 2002 (Disciplina del regime di deroga previsto dall’articolo 9 della direttiva 79/409/CEE del Consiglio, del 2 aprile 1979, concernente la conservazione degli uccelli selvatici, in attuazione della legge 3 ottobre 2002, n. 221), as amended for the hunting season 2009/2010 by Law No 21 of the Regione di Lombardia of 16 September 2009;
Order of the Court (Sixth Chamber) of 23 September 2009 – Complejo Agricola v Commission

(Case C‑415/08 P)

Appeal – Protection of habitats – List of sites of Community importance for the Mediterranean biogeographical region – Commission decision – Action for annulment brought by natural or legal persons – Admissibility – Appeal clearly unfounded

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Absolute bar to proceeding (Art. 230, fourth para., EC) (see para. 21)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 26, 28-30)

Re:

Appeal brought against the order of the Court of First Instance (First Chamber) of 14 July 2008 in Case T-345/06 Complejo Agrícola v Commission , in which the Court of First Instance dismissed as inadmissible the application for partial annulment of Article 1 of Annex 1 of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Acebuchales de la Campiña sur de Cádiz’, which includes a farm belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region.

Operative part:

1. The appeal is dismissed.

2. Complejo Agrícola SA is ordered to bear its own costs.
Reference for a preliminary ruling – Tribunal Judicial da Comarca do Porto – Interpretation of Articles 43, 49 and 56 EC – National legislation reserving to a particular body the exclusive right to operate games of chance and pool betting and penalising the activity of organising, promoting and collecting (including by internet) of bets on sporting events – Prohibition on an undertaking based in another Member State operating online gambling and pool betting from promoting organising and operating such gambling and pool betting by internet and making the value of the prizes available to winners.
Keywords

Subject of the case

Operative part



Keywords

Preliminary rulings

–

Reference to the Court

–

National court or tribunal for the purposes of Article 234 EC

–

Meaning

–

To be determined on the basis of criteria relating to that body’s constitution and function

–

Municipal body

–

No judicial function (Art. 234 EC) (see paras 4-11

)

Subject of the case

Re:

Interpretation of Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ 1997 L 73, p. 5) – Question not referred by a court or tribunal – Jurisdiction of the Court – Manifest inadmissibility.

Operative part

Operative part:

The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by the Município de Barcelos.
Keywords

Subject of the case

Operative part



Keywords

Preliminary rulings

–

Jurisdiction of the Court

–

Limits

–

Question referred in the course of a dispute relating to the application of a national provision not within the scope of Community law

–

Excluded (Art. 234 EC) (see paras 10-13

)

Subject of the case

Re:

Reference for a preliminary ruling – Conseil de Prud’hommes (Labour Tribunal) of Caen (France) – Interpretation of Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms – Interpretation of Article 26 of the International Covenant on Civil and Political Rights – Redundancy for economic reasons – Redundancy for personnel reasons – National provisions presumed to be contrary to the abovementioned standards – Breach of the principle of equal treatment.

Operative part

Operative part

The Court of Justice of the European Communities clearly has no jurisdiction to answer the questions put by the Conseil de Prud’hommes of Caen by decision of 11 June 2009.
Keywords

Subject of the case

Operative part



Keywords

Member States

–

Obligations

–

Duty to cooperate in good faith with the institutions of the European Union

–

Periods of activity in the service of an institution or body of the Union not taken into account for the grant of an early or normal retirement pension under the national scheme

–

Not permissible (Art. 10 EC; Staff Regulations of Officials, Annex VIII, Art. 11(2)) (see para. 32-34, operative part

)

Subject of the case

Re:

Reference for a preliminary ruling – Corte d’appello di Roma – Interpretation of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community – Interpretation of Articles 17, 39 and 42 EC – Old-age pension – Aggregation of insurance periods – Failure to take into account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities.

Operative part

Operative part:

Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding national legislation that does not permit account to be taken of years worked by a European Union citizen in a European Union institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social Committee, for the purpose of establishing a right to a retirement pension under the national scheme, regardless of whether the person involved takes early retirement or retires at the usual age.
Keywords

Subject of the case

Operative part



Keywords

Community trade mark

–

Surrender, revocation and invalidity

–

Absolute ground for invalidity

–

Registration contrary to Article 7

–

Material date for the examination of an absolute ground for invalidity (Council Regulation No 40/94, Art. 51(1)(a)) (see paras 41, 47

)

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009 in Case T-189/07 Frosch Touristik v OHIM – DSR touristik (FLUGBÖRSE) , by which the Court annulled the decision of the Fourth Board of Appeal of OHIM of 22 March 2007 dismissing the appeal by the proprietor of the Community word mark ‘FLUGBÖRSE’ against the decision of the Cancellation Division declaring that mark partially invalid – Determination of the material date for the examination of an absolute ground for invalidity in invalidity proceedings.

Operative part

Operative part

The Court:

1. Dismisses the appeal;

2. Orders The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Procedure

–

Costs

–

Taxation

–

Recoverable costs

–

Elements to be taken into consideration (Rules of Procedure of the Court of Justice, Art. 73(b)) (see para. 16

)

Subject of the case

Re

Article 74 of the Rules of Procedure – Application for taxation of costs following the judgment of the Court (Fifth Chamber), of 30 June 2010, in Case C-448/09 P Royal Appliance International v OHIM .

Operative part

Operative part

The total amount of costs that Royal Appliance International GmbH must pay BSH Bosch und Siemens Hausgeräte GmbH is fixed at EUR 3 303.20.