ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 69/13

Order of the Court of 28 November 2008 — Philippe Combescot v Commission of the European Communities

(Case C-526/07 P) (1)

(Appeal - Officials - Appointment to the post of Head of Delegation in Colombia - Exclusion from competition - Application for damages - Determination of the extent of compensation - Appeal in part manifestly inadmissible and in part manifestly unfounded)

(2009/C 69/22)

Language of the case: Italian

Parties

Appellant: Philippe Combescot (represented by: A. Maritati and V. Messa, avvocati)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall, Agent, and S. Corongiu, avocat)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-250/04 Combescot v Commission, by which the Court of First Instance dismissed the appellant's application for recognition that the decision excluding him from the competition for appointment to the post of Head of Delegation in Colombia was unlawful; dismissed the same application for annulment of the procedure of that competition and of the decision making the appointment to the post concerned; and held that there was only non-material damage, rejecting the claim for compensation for the other heads of damage raised by the appellant.

Operative part of the order

1. The appeal is dismissed.

2. Mr Combescot shall pay the costs of the appeal.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 301/29

Order of the President of the Court of 4 August 2008 — Commission of the European Communities v Republic of Cyprus

(Case C-490/07) (1)

(2008/C 301/44)

Language of the case: Greek

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

(1) OJ C 315, 22.12.2007.
EN Official Journal of the European Union C 282/32

Order of the President of the Court of 16 July 2009 (reference for a preliminary ruling from the Livadia Court of First Instance (Greece) — Panagiotis Koskovolis, Ekaterini Pappa v Municipality of Kiriaki

(Case C-467/07) (1)

2009/C 282/55

Language of the case: Greek

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

(1) OJ C 315, 22.12.2007.
EN Official Journal of the European Union C 69/10

Order of the Court (Eighth Chamber) of 12 December 2008 — Aktieselskabet af 21. november 2001 v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TDK Kabushiki Kaisha (TDK Corp.)

(Case C-197/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Reputation - Taking unfair advantage of the distinctive character or the repute of the earlier mark - Application for registration as a Community trade mark of the word mark ‘TDK’ - Opposition by the proprietor of the Community and national word and figurative marks TDK - Refusal to register)

(2009/C 69/16)

Language of the case: English

Parties

Appellant: Aktieselskabet af 21. november 2001 (represented by: C. Barrett Christiansen, advokat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), TDK Kabushiki Kaisha (TDK Corp.) (represented by: A. Norris, Barrister)

Re:

Appeal brought against the judgment of the First Chamber of the Court of First Instance of 6 February 2007 in Case T-477/04 Aktieselskabet af 21. November 2001 v OHIM dismissing as unfounded an action brought by the applicant for the word mark ‘TDK’ for goods in Class 25 against Decision R 364/2003-1 of the First Board of Appeal of OHIM of 7 October 2004 rejecting the appeal brought against the Opposition Division refusing registration of that mark in the context of opposition proceeding brought by the proprietor of the Community and national word and figurative marks ‘TDK’

Operative part of the order

1. The appeal is dismissed.

2. Aktieselskabet af 21. november 2001 shall pay the costs.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 313/22

Order of the President of the Court of 4 August 2008 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Khoshnaw Abdullah v Federal Republic of Germany

(Case C-177/08) (1)

(2008/C 313/39)

Language of the case: German

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

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 209/38

Order of the President of the Court of 22 April 2008 — Portela & Companhia SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Juan Torrens Cuadrado, Josep Gilbert Sanz

(Case C-108/08 P) (1)

(2008/C 209/64)

Language of the case: Portuguese

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

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 69/31

Order of the President of the Court of 9 September 2008 — Commission of the European Communities v Republic of Portugal

(Case C-24/08) (1)

(2009/C 69/62)

Language of the case: Portuguese

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

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 44/24

Order of the Court of 13 November 2008 — Giuseppe Gargani v European Parliament

(Case C-25/08 P) (1)

(Appeal - Action brought by the Chairman of the Committee on Legal Affairs of the Parliament against the ‘action’ of the President of the Parliament which led to the submission of observations in the name of the Parliament in a matter which related to a reference for a preliminary ruling - Time-limit for initiating proceedings)

(2009/C 44/40)

Language of the case: German

Parties

Appellant: Giuseppe Gargani (represented by: W. Rothley, Rechtsanwalt)

Other party to the proceedings: European Parliament (represented by: J. Schoo and H. Krück, agents)

Re:

Appeal brought against the Order of the Court of First Instance (Third Chamber) of 21 November 2007, Gargani v Parliament (T-94/06), in which the Court of First Instance dismissed as manifestly inadmissible the action brought by the Chairman of the Committee on Legal Affairs of the European Parliament, seeking a declaration of unlawfulness in relation to the decision of the President of the European Parliament to submit written observations in the name of the Parliament, in accordance with the second paragraph of Article 23 of the Statute of the Court, in the context of a reference for a preliminary ruling, contrary to the advice of the Commission of Legal Affairs, and his refusal to submit the issue to plenary

Operative part of the order

1. The appeal is dismissed.

2. Mr Gargani is ordered to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 113/15

Order of the Court of 12 February 2009 (reference for a preliminary ruling from the Bundespatentgericht (Germany)) — Bild digital GmbH & Co. KG, formerly Bild.T-Online.de AG & Co. KG (C-39/08), ZVS Zeitungsvertrieb Stuttgart GmbH (C-43/08) v Präsident des Deutschen Patent- und Markenamts

(Joined Cases C-39/08 and C-43/08) (1)

(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)

2009/C 113/30

Language of the case: German

Referring court

Bundespatentgericht (Germany)

Parties

Applicants: Bild digital GmbH & Co. KG, formerly Bild.T-Online.de AG & Co. KG (C 39/08), ZVS Zeitungsvertrieb Stuttgart GmbH (C 43/08)

Defendant: Präsident des Deutschen Patent- und Markenamts

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 of the order

The competent authority of a Member State required 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.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 69/32

Order of the President of the Court of 22 October 2008 — Commission of the European Communities v Hellenic Republic

(Case C-130/08) (1)

(2009/C 69/68)

Language of the case: Greek

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

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 141/35

Order of the President of the Court of 20 February 2009 — Commission of the European Communities v Federal Republic of Germany

(Case C-369/08) (1)

2009/C 141/70

Language of the case: German

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

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 113/15

Order of the Court (Eighth Chamber) of 6 February 2009 — MPDV Mikrolab GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-17/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(c) - Refusal of registration - Word mark manufacturing score card - Descriptive character)

2009/C 113/29

Language of the case: German

Parties

Applicant: MPDV Mikrolab GmbH (represented by: W. Göpfert, Rechtsanwalt)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 8 November 2007 in Case T-459/05 MPDV Mikrolab v OHIM (manufacturing score card), by which the Court of First Instance dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 19 October 2005, which dismissed the appeal against the decision of the examiner refusing registration of the word mark ‘manufacturing score card’ for goods and services in Classes 9, 35 and 42 — Distinctive character of a word mark consisting of words each of which is descriptive of the characteristics of the goods or services concerned

Operative part of the order

1. The appeal is dismissed.

2. MPDV Mikrolab GmbH is ordered to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 205/30

Order of the President of the Court of 2 April 2009 — Commission of the European Communities v Republic of Cyprus

(Case C-426/08) (1)

2009/C 205/52

Language of the case: Greek

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

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 180/36

Order of the President of the Court of 26 March 2009 — Commission of the European Communities v Republic of Portugal

(Case C-524/08) (1)

2009/C 180/65

Language of the case: Portuguese

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

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 282/17

Order of the Court (Sixth Chamber) of 10 July 2009 — Apple Computer Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TKS-Teknosoft SA

(Case C-416/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark QUARTZ - Opposition by the proprietor of the Community figurative mark QUARTZ - Refusal to register - Similarity between goods - Likelihood of confusion - Appeal clearly inadmissible)

2009/C 282/32

Language of the case: English

Parties

Appellant: Apple Computer Inc. (represented by: M. Hart and N. Kearley, Solicitors)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent), TKS-Teknosoft SA

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T-328/05 Apple Computer v OHIM, by which the Court dismissed the action brought by the applicant for the figurative mark ‘QUARTZ’ in respect of goods in classe 9 against decision R 416/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 April 2005 dismissing the appeal brought against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the proprietor of the Community figurative mark ‘QUARTZ’ in respect of services in classes 9 and 42.

Operative part of the order

1. The appeal is dismissed.

2. Apple Computer Inc. shall pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 220/17

Order of the Court (Fifth Chamber) of 3 June 2009 — Zipcar, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C–394/08 P) (1)

(Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Word mark ZIPCAR - Opposition by the proprietor of the national word mark CICAR)

2009/C 220/29

Language of the case: English

Parties

Appellant: Zipcar, Inc. (represented by: M. Elmslie, Solicitor)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 25 June 2008 in Case T-36/07 Zipcar v OHIM dismissing an action for annulment brought by the applicant for registration of the word mark ‘ZIPCAR’ for goods in Classes 9, 39 and 42 against decision R 122/2006-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 November 2006 rejecting the action against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the holder of the national word mark ‘CICAR’ for services in Class 39

Operative part of the order

1. The appeal is dismissed.

2. Zipcar Inc. is ordered to pay the costs.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 63/43

Order of the President of the Court of 17 December 2009 — European Commission v Republic of Poland

(Case C-516/08) (1)

2010/C 63/69

Language of the case: Polish

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

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 11/19

Order of the President of the Court of 17 September 2009 — Commission of the European Communities v Republic of Poland

(Case C-309/08) (1)

2010/C 11/33

Language of the case: Polish

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

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 234/17

Order of the Court of 15 April 2010 — Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA, Aragonesas Agro, SA v European Commission, Bayer CropScience AG, European Crop Protection Association (ECPA), Kingdom of Spain

(Case C-517/08 P) (1)

(Appeal - Directive 91/414/EEC - Non-inclusion of endosulfan in Annex I to that directive - Withdrawal of marketing authorisations - Appeal manifestly unfounded)

2010/C 234/24

Language of the case: English

Parties

Appellants: Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA, Aragonesas Agro, SA (represented by: C. Mereu and K. Van Maldegem, avocats)

Other parties to the proceedings: European Commission, Bayer CropScience AG, European Crop Protection Association (ECPA) (represented by: L. Parpala and N.B. Rasmussen, acting as Agents, C. Mereu, avocat, K. Van Maldegem, avocat, D. Waelbroeck, avocat and N. Rampal, avocate), Kingdom of Spain

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) delivered on 9 September 2008 in Case T-75/06 Bayer CropScience AG and Others v Commission by which the Court of First Instance dismissed an action for the annulment of Commission Decision C(2005) 864 of 2 December 2005 concerning the non-inclusion of endosulfan in Annex I to Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that active substance [notified under No C(2005) 4611] (OJ 2005 L 317, p. 25)

Operative part of the order

1. The appeal is dismissed.

2. Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA and Aragonesas Agro SA are ordered to pay the costs.

3. European Crop Protection Association (ECPA) shall bear its own costs.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 63/44

Order of the President of the Court of 17 December 2009 — European Commission v Grand Duchy of Luxembourg

(Case C-149/09) (1)

2010/C 63/77

Language of the case: French

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

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 51/29

Order of the President of the Court of 18 November 2009 — Commission of the European Communities v Italian Republic

(Case C-206/09) (1)

2010/C 51/53

Language of the case: Italian

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

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 148/22

Order of the President of the Third Chamber of the Court of 5 March 2010 (reference for a preliminary ruling from the Court of Appeal — United Kingdom) — The Motor Insurers’ Bureau v Helphire (UK) Limited, Angel Assistance Limited

(Case C-26/09) (1)

2010/C 148/36

Language of the case: English.

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

(1) OJ C 282, 21.11.2009
EN Official Journal of the European Union C 134/28

Order of the President of the Court of 23 February 2010 (reference for a preliminary ruling from the Tribunale Amministrativo per la Sardegna — Italy) — Telecom Italia SpA v Regione autonoma della Sardegna, opposing Space SpA and Passamonti Srl and Others

(Case C-290/09) (1)

2010/C 134/45

Language of the case: Italian

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

(1) OJ C 233, 26.9.2009.
Order of the Court (Seventh Chamber) of 7 July 2010 (reference for a preliminary ruling from the Corte suprema di cassazione (Italy)) — Gennaro Curia v Ministero dell’Economia e delle Finanze, Agenzia delle Entrate

(Case C-381/09) (1)

(Article 104(3), paragraph 1 of the Rules of Procedure - Sixth VAT Directive - Scope - VAT exemptions - Article 13B(d)(1) - Grant, negotiation and management of credit - Exorbitant lending activities - Activity unlawful under national law)

(2010/C 288/26)

Language of the case: Italian

Referring court

Corte suprema di cassazione (Italy)

Parties to the main proceedings

Applicant: Gennaro Curia

Defendant: Ministero dell’Economia e delle Finanze, Agenzia delle Entrate

Re:

Reference for a preliminary ruling — Interpretation of Article 13B(d)(3) 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) — Exemptions — Transactions consisting in the grant, negotiation and management of credit — Exorbitant lending activities, unlawful activity according to national law

Operative part

Although exorbitant lending is a criminal offence under the national criminal code it falls, despite the fact that it is unlawful, within the scope 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. Article 13B(d)(1) of that directive must be interpreted as meaning that a Member State cannot impose value added tax on that activity when the corresponding lawful activity of money lending at rates of interest that are not excessive is exempt from VAT.

(1) OJ C 282, 21.11.2009.
Order of the Court of 1 July 2010 — DSV Road NV v European Commission

(Case C-358/09 P) (1)

(Appeal - Customs Code - Import of diskettes originating in Thailand - Post-clearance recovery of import duties - Application for remission of import duties)

(2010/C 288/25)

Language of the case: Dutch

Parties

Appellant: DSV Road NV (represented by: A. Poelmans and G. Preckler, advocaten)

Other party to the proceedings: European Commission (represented by: L. Bouyon, Agent)

Re:

Appeal against the judgment of 8 July 2009 of the Court of First Instance (Fourth Chamber) in Case T-219/07 DSV Road v Commission dismissing an application for annulment of the Commission’s Decision of 24 April 2007 informing the Belgian authorities that they might proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there were no grounds for granting remission of those duties (File reference: REC 05/02)

Operative part of the order

1. The appeal is dismissed;

2. DSV Road NV shall pay the costs.

(1) OJ C 297, of 05.12.2009.
EN Official Journal of the European Union C 80/17

Order of the President of the Sixth Chamber of the Court of 28 September 2010 — European Commission v Portuguese Republic

(Case C-525/09) (1)

2011/C 80/33

Language of the case: Portuguese

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

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 346/37

Order of the President of the First Chamber of the Court of 3 June 2010 (reference for a preliminary ruling from the High Court of Justice in Northern Ireland, Queen’s Bench Division — United Kingdom) — Seaport (NI) Ltd v Department of the Environment for Northern Ireland

(Case C-182/09) (1)

()

2010/C 346/66

Language of the case: English

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

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 109/8

Order of the President of the Sixth of the Court of 15 December 2011 — European Commission v Portuguese Republic

(Case C-533/09) (1)

2012/C 109/15

Language of the case: Portuguese

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

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 211/6

Order of the Court of 24 March 2011 (reference for a preliminary ruling from Mora Kommun — Sweden) — in the course of consideration of a complaint made by Dan Bengtsson

(Case C-344/09) (1)

(Reference for a preliminary ruling - Need for a dispute and proceedings intended to lead to a decision of a judicial nature - Lack of jurisdiction of the Court)

2011/C 211/09

Language of the case: Swedish

Referring court

Mora Kommun

Party to the main proceedings

Dan Bengtsson

Re:

Reference for a preliminary ruling — Interpretation of Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ 1999 L 199, p. 59) and the precautionary principle — Effects on health of electromagnetic radiation from base stations for wireless telecommunication — Reference levels laid down by the recommendation

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to reply to the question referred by Mora Kommun, Miljö- och hälsoskyddsnämnden (Sweden) by decision of 2 June 2009.

(1) OJ C 317, 20.11.2010.