ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Order of the President of the Court of 7 November 2019 (request for a preliminary ruling from the Vestre Landsret — Danemark) — BEI ApS v Skatteministeriet

(Case C-682/16) (1)

(2020/C 137/58)

Language of the case: Danish

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

(1) OJ C 70, 6.3.2017.
Case C-538/16: Order of the President of the Court of 18 May 2018 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — Kevin Joseph Devine v Air Nostrum, Líneas Aéreas del Mediterráneo SA

Order of the President of the Court of 18 May 2018 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — Kevin Joseph Devine v Air Nostrum, Líneas Aéreas del Mediterráneo SA

(Case C-538/16) ( 1 )

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

( 1 ) OJ C 30, 30.1.2017.
EN Official Journal of the European Union C 283/12

Order of the Court (Eighth Chamber) of 7 June 2017 — Redpur GmbH v European Union Intellectual Property Office (EUIPO), Redwell Manufaktur GmbH

(Case C-86/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Opposition proceedings - Application for registration of the word mark Redpur - Rejection of the application for registration))

(2017/C 283/17)

Language of the case: German

Parties

Appellant: Redpur GmbH (represented by: S. Schiller, Agent)

Other parties to the proceedings: European Union Intellectual Property Office, Redwell Manufaktur GmbH

Operative part of the order

1. The appeal is dismissed.

2. Redpur GmbH is to bear its own costs.

(1) OJ C 213, 3.7.2017.
EN Official Journal of the European Union C 32/9

Order of the Court (Seventh Chamber) of 21 November 2017 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — Zoltán Rózsavölgyi, Zoltánné Rózsavölgyi v Unicredit Leasing Hungary Zrt., Unicredit Leasing Immo Truck Zrt.

(Case C-259/17) (1)

((Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Consumer protection - Unfair terms in consumer contracts - Loan contract denominated in a foreign currency - Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred for a preliminary ruling - Manifest inadmissibility))

(2018/C 032/13)

Language of the case: Hungarian

Referring court

Budai Központi Kerületi Bíróság

Parties to the main proceedings

Applicants: Zoltán Rózsavölgyi, Zoltánné Rózsavölgyi

Defendants: Unicredit Leasing Hungary Zrt., Unicredit Leasing Immo Truck Zrt.

Operative part of the order

The request for a preliminary ruling made by the Budai Központi Kerületi Bíróság (Central District Court, Buda, Hungary), by decision of 31 March 2017, is manifestly inadmissible.

(1) OJ C 256, 7.8.2017.
EN Official Journal of the European Union C 374/12

Order of the Court (Tenth Chamber) of 7 September 2017 (request for a preliminary ruling from the Općinski Sud u Vukovaru — Croatia) — Rafaela Alandžak, Ljubica Alandžak, Rafo Alandžak v EUROHERC osiguranje — dioničko društvo za osiguranje imovine i osoba i druge poslove osiguranja

(Case C-187/17) (1)

((Reference for a preliminary ruling - Factual and regulatory context of the dispute in the main proceedings - Lack of sufficient information - Manifest inadmissibility - Article 53(2) of the Rules of Procedure of the Court of Justice - Article 94 of the Rules of Procedure of the Court of Justice))

(2017/C 374/17)

Language of the case: Croatian

Referring court

Općinski Sud u Vukovaru

Parties to the main proceedings

Applicants: Rafaela Alandžak, Ljubica Alandžak, Rafo Alandžak

Defendant: EUROHERC osiguranje — dioničko društvo za osiguranje imovine i osoba i druge poslove osiguranja

Operative part

The request for a preliminary ruling made by the Općinski Sud u Vukovaru (Municipal Court of Vukovar, Croatia), by decision of 5 April 2017, is manifestly inadmissible.

(1) OJ C 168, 29.5.2017.
EN Official Journal of the European Union C 190/3

Order of the Court (Sixth Chamber) of 16 January 2018 (request for a preliminary ruling from the Varhoven kasatsionen sad — Bulgaria) — PM v AH

(Case C-604/17) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Area of freedom, security and justice - Judicial cooperation in civil matters - Jurisdiction in matters of parental responsibility - Regulation (EC) No 2201/2003 - Jurisdiction of a court of a Member State to hear and determine an action relating to parental responsibility where the child is not resident in the territory of that State - Jurisdiction in matters relating to maintenance obligations - Regulation (EC) No 4/2009))

(2018/C 190/04)

Language of the case: Bulgarian

Referring court

Varhoven kasatsionen sad

Parties to the main proceedings

Applicant: PM

Defendant: AH

Operative part of the order

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted as meaning that a court of a Member State with jurisdiction, under Article 3(1)(b) of that regulation, to hear and determine an application for divorce between two spouses who are nationals of that Member State does not have jurisdiction to rule on rights of custody and rights of access in respect of the spouses’ child in the case where, at the time when the court is seised, that child is habitually resident in another Member State, that the conditions for such jurisdiction, under Article 12 of that regulation, are not satisfied by that court, and that, on account of the circumstances of the main proceedings, it follows that neither does that court have such jurisdiction under Articles 9, 10 or 15 of that regulation. Furthermore, that court does not satisfy the conditions, laid down in Article 3(d) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, for having jurisdiction to rule on an application relating to maintenance.

(1) OJ C 22, 22.1.2018.
EN Official Journal of the European Union C 83/18

Order of the President of the Court of 15 November 2017 (request for a preliminary ruling from the Amtsgericht Hannover — Germany) — Heinz-Gerhard Albrecht v TUIfly GmbH

(Case C-277/17) (1)

(2018/C 083/27)

Language of the case: German

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

(1) OJ C 239, 24.7.2017.
Case C-382/17: Order of the President of the Eighth Chamber of the Court of 24 May 2018 — European Commission v Portuguese Republic

Order of the President of the Eighth Chamber of the Court of 24 May 2018 — European Commission v Portuguese Republic

(Case C-382/17) ( 1 )

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

( 1 ) OJ C 277, 21.8.2017.
EN Official Journal of the European Union C 190/21

Order of the President of the Court of 28 February 2018 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — Germanwings GmbH v Emina Pedić

(Case C-636/17) (1)

(2018/C 190/38)

Language of the case: German

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

(1) OJ C 63, 19.2.2018.
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 11 September 2018 — Allstate Insurance Company v European Union Intellectual Property Office (EUIPO)

(Case C-542/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Application for registration of the word mark DRIVEWISE - Dismissal of the application - Regulation (EC) No 207/2009 - Article 7(1)(c) - Article 7(2) - Article 75 - Descriptive character - Neologism composed of elements each of which is descriptive of the characteristics of the goods or services concerned - Intended purpose of the goods or services - Distortion - Duty to state reasons))

(2018/C 399/18)

Language of the case: English

Parties

Appellant: Allstate Insurance Company (represented by: G. Würtenberger and R. Kunze, Rechtsanwälte)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: K. Markakis, acting as Agent)

Operative part of the order

1. The appeal is dismissed as manifestly unfounded.

2. Allstate Insurance Company shall pay the costs.

(1) OJ C 13, 15.1.2018.
Order of the Court (Sixth Chamber) of 14 June 2018 (request for a preliminary ruling from the Finanzgericht Köln — Germany) — GS v Bundeszentalamt für Steuern

(Case C-440/17) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Direct taxation - Freedom of establishment - Directive 2011/96/EU - Article 1(2) - Parent company - Holding company - Withholding tax on profits distributed to a non-resident parent holding company - Exemption - Tax evasion, avoidance or abuse - Presumption))

(2018/C 328/30)

Language of the case: German

Referring court

Finanzgericht Köln

Parties to the main proceedings

Applicant: GS

Defendant: Bundeszentalamt für Steuern

Operative part of the order

Article 1(2) of Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, as amended by Council Directive 2013/13/EU of 13 May 2013, and Article 49 TFEU must be interpreted as precluding tax legislation of a Member State, such as that at issue in the main proceedings, which imposes a withholding tax on dividends awarded by a resident subsidiary to its non-resident parent company, but which excludes the right of the latter to obtain reimbursement of or exemption from such withholding tax where, first, the shares in that parent company are held by persons who would not be entitled to such a reimbursement or such an exemption if they had received the dividends from such a subsidiary directly and that parent company has not earned its gross income for the trading year concerned from its own economic activity and, second, one of the two conditions laid down by that legislation is satisfied, namely either there are no economic or other significant reasons for the involvement of that parent company, or that company does not take part in general economic commerce with an establishment suitably equipped for its business purpose, without taking account of the organisational, economic or other significant features of the undertakings which are connected with the parent company in question.

(1) OJ C 374, 6.11.2017.
Official Journal of the European Union

Order of the President of the Court of 25 February 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Hussein Mohamad Hussein, other party: Bundesamt für Fremdenwesen und Asyl

(Case C-657/17) (1)

(2019/C 172/30)

Language of the case: German

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

(1) OJ C 52, 12.2.2018.
Official Journal of the European Union

Order of the President of the Court of 7 November 2018 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Edward Reich, Debora Lieber, Ella Reich, Ezra Bernard Reich, Zoe Reich v Koninklijke Luchtvaart Maatschappij NV

(Case C-730/17) (1)

(2019/C 54/24)

Language of the case: French

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

(1) OJ C 104, 19.3.2018.
Official Journal of the European Union

Order of the Court (Eighth Chamber) of 6 September 2018 — Sophie Montel v European Parliament, Council of the European Union

(Case C-84/18 P) (1)

((Appeal - Admissibility - European Parliament - Rules governing the [payment of] expenses and allowances of Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid))

(2018/C 399/20)

Language of the case: French

Parties

Appellant: Sophie Montel (represented by: G. Sauveur, avocat)

Other parties to the proceedings: European Parliament (represented by: S. Seyr and G. Corstens, acting as Agents), Council of the European Union (represented by: A.F. Jensen, M. Bauer and R. Meyer, acting as Agents)

Operative part of the order

1. The appeal is dismissed as being manifestly inadmissible in part and manifestly unfounded in part.

2. Ms Sophie Montel shall pay the costs.

(1) OJ C 161, 7.5.2018.
Order of the Court (Eighth Chamber) of 27 June 2018 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — flightright GmbH v Eurowings GmbH

(Case C-130/18) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Air transport - Regulation (EC) No 261/2004 - Article 5(1)(c) - Right to compensation in the event of flight cancellation - Re-routing not allowing a passenger to reach his final destination less than two hours after the scheduled time of arrival of the cancelled flight - Delay of between two and three hours))

(2018/C 301/15)

Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Applicant: flightright GmbH

Defendant: Eurowings GmbH

Operative part of the order

Article 5(1)(c)(iii) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a passenger who was informed of the cancellation of his flight less than seven days before the scheduled time of departure of that flight has the right to the compensation provided for in that provision where the re-routing offered by the carrier allowed him to reach his final destination more than two hours after the scheduled time of arrival of the cancelled flight, but less than three hours after that scheduled time of arrival.

(1) OJ C 182, 28.5.2018.
Official Journal of the European Union

Order of the President of the Court of 26 October 2018 (request for a preliminary ruling from the Supreme Court — Ireland) — KN v Minister for Justice and Equality

(Case C-191/18) (1)

(2019/C 54/26)

Language of the case: English

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

(1) OJ C 190, 4.6.2018.
Official Journal of the European Union

Order of the President of the Seventh Chamber of the Court of 8 November 2018 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — VE v WD

(Case C-227/18) (1)

(2019/C 54/27)

Language of the case: Hungarian

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

(1) OJ C 231, 2.7.2018.
Order of the President of the Fifth Chamber of the Court of 14 February 2019 (request for a preliminary ruling from the Tribunal Administrativo de Círculo de Lisboa — Portugal) — Henkel Ibérica Portugal, Unipessoal Lda v Comissão de Segurança de Serviços e Bens de Consumo

(Case C-277/18) (1)

(2019/C 172/31)

Language of the case: Portuguese

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

(1) OJ C 259, 23.7.2018.
Order of the Court (Eighth Chamber Chamber) of 30 January 2019 — (requests for a preliminary ruling from the Sofiyski gradski sad, Apelativen sad — Sofia — Bulgaria) — Criminal proceedings against AK (C-335/18), EP (C-336/18)

(Joined Cases C-335/18 and C-336/18) (1)

((References for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Controls of cash entering or leaving the European Union - Regulation (EC) No 1889/2005 - Article 3(1) - Infringement of the obligation to declare - Article 4(2) - Measure to detain - Article 9(1) - Penalties provided for by national law - National legislation providing that, in addition to the imposition of a penalty of a term of imprisonment or a fine in the amount of one fifth of the amount of the undeclared sum, that sum is to be confiscated by the State - Proportionality))

(2019/C 112/12)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad, Apelativen sad — Sofia

Criminal proceedings against

AK (C-335/18), EP (C-336/18)

Operative part of the order

Articles 4(2) and 9(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, for the purpose of penalising an infringement of the obligation to declare provided for in Article 3 of that regulation, provides that, in addition to the imposition of a penalty of a term of imprisonment of up to five years or a fine in the amount of one fifth of the amount of the undeclared sum of cash, that undeclared sum is to be confiscated by the State.

(1) OJ C 276, 6.8.2018.
Order of the Court (Second Chamber) of 19 March 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Sindicato Nacional de CCOO de Galicia v Unión General de Trabajadores de Galicia (UGT), Universidad de Santiago de Compostela, Confederación Intersindical Galega

(Case C-293/18) (1)

(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clauses 2 and 3 - Definition of ‘fixed-term worker’ - Clause 4 - Principle of non-discrimination - Comparability of situations - Justification - Compensation in the event of the termination of a permanent employment contract on an objective ground - No compensation on expiry of a fixed-term pre-doctoral employment contract)

(2019/C 280/13)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings

Applicant: Sindicato Nacional de CCOO de Galicia

Defendant: Unión General de Trabajadores de Galicia (UGT), Universidad de Santiago de Compostela, Confederación Intersindical Gallega

Operative part of the order

1. The Framework agreement on fixed-term work concluded on 18 March 1999, 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, in particular Clause 2(1) and Clause 3(1), must be interpreted as meaning that it applies to workers such as the personnel employed under the pre-doctoral contracts at issue in the main proceedings.

2. Clause 4(1) of the Framework agreement on fixed-term work in the annex to Council Directive 1999/70 must be interpreted as not precluding national legislation which does not provide for any compensation to be paid to workers employed under pre-doctoral contracts, such as those at issue in the main proceedings, upon expiry of those contracts, even where compensation is payable to permanent workers when their employment contract is terminated on objective grounds.

(1) OJ C 259, 23.7.2018.
Order of the Court (Ninth Chamber) of 21 March 2019 (requests for a preliminary ruling from the Audiencia Nacional, Sala de lo Contencioso-Administrativo — Spain) — Telefónica Móviles España SAU (C-119/18), Orange España SAU (C-120/18), Vodafone España SAU (C-121/18) v Tribunal Económico-Administrativo Central

(Joined Cases C-119/18 to C-121/18) (1)

(Reference for a preliminary ruling - Directive 2002/20/EC - Article 6(1),and part A of the annex - Authorisation of electronic communications networks and services - Telecommunications operators - Operating in an area greater than an Autonomous Community - Annual financial contribution - Participation in the financing of the Corporación de Radio y Televisión Española)

(2019/C 220/17)

Language of the case: Spanish

Referring court

Audiencia Nacional, Sala de lo Contencioso-Administrativo

Parties to the main proceedings

Applicants: Telefónica Móviles España SAU (C-119/18), Orange España SAU (C-120/18), Vodafone España SAU (C-121/18)

Defendant: Tribunal Económico-Administrativo Central

Operative part of the order

Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), must be interpreted as meaning that an annual financial contribution, such as that at issue in the main proceedings, imposed on telecommunications companies operating in Spain that operate in an area greater than that of an Autonomous Community, for the purpose of participating in the financing of public broadcasting, does not fall within the scope of that directive.

(1) OJ C 161, 7.5.2018.
Order of the Court (Tenth Chamber) of 20 June 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — SATI - Societa Autocooperative Trasporti Italiani SpA v Aziendo di Trasporti Molisana — SpA (ATM)

(Case C-475/18) (1)

(Reference for a preliminary ruling - Article 99of the Rules of Procedure of the Court of Justice - Regulation (EC) No 1370/2007 - Public passenger transport services - Article 5 - Direct award of public service contracts - Prohibited by national law - Article 8(2) - Transitional arrangements)

(2020/C 10/25)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: SATI - Societa Autocooperative Trasporti Italiani SpA

Defendant: Aziendo di Trasporti Molisana — SpA (ATM)

Intervener: Regione Molise

Operative part of the order

Article 5 and Article 8(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 must be interpreted as meaning that Article 5(4) of that regulation is not applicable to decisions of competent local authorities relating to the direct award of public service contracts for the provision of local transport taken before 3 December 2019.

(1) OJ C 399, 5.11.2018.
Order of the Court (Ninth Chamber) of 4 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte, Italy) — Consorzio Nazionale Servizi Società Cooperativa (CNS) v Gruppo Torinese Trasporti Gtt SpA

(Case C-425/18) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Award of public works contracts in the water, energy, transport and postal services sectors - Directive 2004/18/EC - Article 45(2), first subparagraph, (d) - Grounds for exclusion - Grave professional misconduct - Infringement of the competition rules)

(2019/C 288/06)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Applicant: Consorzio Nazionale Servizi Società Cooperativa (CNS)

Defendant: Gruppo Torinese Trasporti Gtt SpA

Intervener: Consorzio Stabile Gestione Integrata Servizi Aziendali GISA, La Lucente SpA, Dussmann Service Srl, So.Co.Fat. SC

Operative part of the order

Article 45(2), first subparagraph, (d) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which is interpreted as excluding from the scope of ‘grave professional misconduct’ on the part of an economic operator conduct consisting of infringement of the competition rules, which has been established and penalised by the national competition authority by decision upheld by the courts, and which precludes the contracting authorities from assessing such infringement independently for the purposes of determining whether that economic operator is to be excluded from a tender procedure for the award of a public contract, as a possible outcome.

(1) OJ C 399, 5.11.2018.