ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 109/2

Order of the Court of 13 January 2012 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Environment Agency (EEA)

(Case C-462/10 P) (1)

(Appeals - Public service contracts - Invitation to tender - Supply of computing advice services - Rejection of the tender - Decision to award the contract to another tenderer - Selection and award criteria - Confusion of the criteria - Weighting of the criteria - Full copy of the evaluation report - Inadequate statement of reasons)

2012/C 109/02

Language of the case: English

Parties

Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis, dikigoros)

Other party to the proceedings: European Environment Agency (EEA) (represented by: J. Stuyck and A.-M. Vandromme, advocaten)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 8 July 2010 in Case T-331/06 Evropaïki Dynamiki v EEA by which the Court dismissed an action for annulment of the decision of the European Environment Agency of 14 September 2006 to reject the tender submitted by the applicant in tendering procedure EEA/IDS/06/002 relating to the provision of information technology consultancy services (OJ 2006/118-125101) and to award the public contract to another tenderer — Award criteria — Error of assessment

Operative part of the order

1. The appeal is dismissed.

2. Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE is ordered to pay the costs.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 73/25

Order of the President of the Court of 11 January 2012 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Union of European Football Associations (UEFA), British Sky Broadcasting Ltd v Euroview Sport Ltd

(Case C-228/10) (1)

2012/C 73/43

Language of the case: English

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

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 252/28

Order of the President of the Court of 21 June 2011 (reference for a preliminary ruling from the Tribunale di Ivrea (Italy)) — Criminal proceedings against Lucky Emegor

(Case C-50/11) (1)

2011/C 252/65

Language of the case: Italian

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

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 73/11

Order of the Court of 26 October 2011 — Fernando Marcelino Victoria Sánchez v European Parliament, European Commission

(Case C-52/11 P) (1)

(Appeal - Action for failure to act - Letter addressed to the Parliament and Commission - Response - Decision to take no further action - Appeal manifestly unfounded and manifestly inadmissible)

2012/C 73/18

Language of the case: Spanish

Parties

Appellant: Fernando Marcelino Victoria Sánchez (represented by: P. Suarez Plácido, abogado)

Other parties to the proceedings: European Parliament (represented by: N. Lorenz, N. Görlitz and P. López-Carceller, Agents), European Commission (represented by: I. Martínez del Peral and L. Lozano Palacios, Agents)

Re:

Appeal brought against the order of the General Court (Fourth Chamber) of 17 November 2010 in Case T-61/10 Victoria Sánchez v Parliament and Commission, by which the General Court dismissed an action seeking a declaration that the European Parliament and the European Commission failed to act, in so far as they unlawfully abstained from responding to the letter of 6 October 2009 sent by the appellant, an application for an injunction and a request for protective measures

Operative part of the order

1. The appeal is dismissed.

2. Mr Victoria Sánchez is ordered to pay the costs.

(1) OJ C 103, 2.4.2011.
EN Official Journal of the European Union C 49/14

Order of the Court (Fifth Chamber) of 20 October 2011 — DTL Corporación, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Gestión de Recursos y Soluciones Empresariales SL

(Case C-67/11 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Opposition procedure - Figurative mark containing the word element ‘Solaria’ and earlier national figurative mark containing the word element ‘Solartia’ - Registration refused in part - Likelihood of confusion - Request for a stay of the proceedings before the General Court - Failure to lodge the request in good time)

2012/C 49/23

Language of the case: Spanish

Parties

Appellant: DTL Corporación, SL (represented by: A. Zuazo Araluze, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Gestión de Recursos y Soluciones Empresariales SL (represented by: M. Polo Carreño and M. Granado Carpenter, abogadas)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 15 December 2010 in Case T-188/10 DTL v OHIM — Gestión de Recursos y Soluciones Empresariales (Solaria) in which the General Court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 767/2009-2) relating to opposition proceedings between Gestión de Recursos y Soluciones Empresariales SL and DTL Corporación SL

Operative part of the order

1. There is no need to adjudicate on the appeal in so far as it concerns the services falling within Class 37 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended.

2. The appeal is dismissed in so far as it concerns the services falling within Class 42 of the Nice Agreement.

3. DTL Corporación SL shall pay the costs.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 109/5

Order of the Court of 29 November 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission

(Case C-235/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Public contracts awarded by the European Union institutions on their own behalf - Call for tenders concerning the provision of IT and user support services relating to the Community emissions trading scheme (CITL and CR) - Rejection of tender - Obligation to state the reasons on which the decision is based - Principle of equal treatment - Appeal clearly inadmissible and clearly unfounded)

2012/C 109/08

Language of the case: English

Parties

Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis and M. Dermitzakis, dikigoroi)

Other party to the proceedings: European Commission (represented by: D. Calciu, Agent)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 3 March 2011 in Case T-589/08 Evropaïki Dynamiki v Commission dismissing an action (i) for annulment of the Commission’s decision of 13 October 2008 rejecting the bid submitted by the applicant in the context of Invitation to Tender ENV.C2/FRA/2008/0017 for the conclusion of a framework contract for the provision of IT (information technology) services and user support in connection with the Community emissions trading scheme (Community Independent Transaction Log (CITL) and Community Registry (CR)) (OJ 2008 S 72-096229), and of the decision to award the contract to another tenderer; and (ii) for damages

Operative part of the order

1. The appeal is dismissed.

2. Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE shall pay the costs.

(1) OJ C 211, 16.7.2011.
EN Official Journal of the European Union C 194/7

Order of the Court of 22 March 2012 — Italian Republic v European Commission

(Case C-200/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - State aid - Incompatibility with the common market - Commission decision - Action for annulment - Regulation (EC) No 659/1999 - Article 1(c) - Alteration of existing aid - Regulation (EC) No 794/2004 - Article 4(1) - Temporary defensive mechanism for shipbuilding)

2012/C 194/11

Language of the case: Italian

Parties

Appellant: Italian Republic (represented by: G. Palmieri, agent, P. Gentili, avvocato dello Stato)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and C. Urraca Caviedes, agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T-3/09 Italy v Commission, by which the General Court dismissed an application for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C 20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50)

Operative part of the order

1. The appeal is dismissed.

2. The Italian Republic is ordered to pay the costs.

(1) OJ C 204, 9.7.2011.
EN Official Journal of the European Union C 303/3

Order of the Court (Sixth Chamber) of 11 May 2012 — Lan Airlines SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Air Nostrum, Líneas Aéreas de Mediterráneo SA

(Case C-198/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Community word mark LÍNEAS AÉREAS DEL MEDITERRÁNEO LAM - Application for registration - Opposition by the proprietor of the earlier Community word and figurative marks LAN - Rejection of the opposition - No likelihood of confusion - Appeal manifestly inadmissible)

2012/C 303/04

Language of the case: Spanish

Parties

Appellant: Lan Airlines SA (represented by: E. Armijo Chávarri. lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent), Air Nostrum, Líneas Aéreas del Mediterráneo SA

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 February 2011 in Case T-194/09 Lan Airlines v OHIM — Air Nostrum, Líneas Aéreas del Mediterráneo, by which the General Court dismissed an appeal brought against the decision of the Fourth Board of Appeal of OHIM of 19 February 2009 (Case R 107/2008-4), relating to opposition proceedings between Lan Airlines, SA and Air Nostrum, Líneas Aéreas del Mediterráneo, SA

Operative part of the order

1. The appeal is dismissed.

2. LAN Airlines SA is ordered to pay the costs.

(1) OJ C 186, 25.6.2011.
EN Official Journal of the European Union C 133/11

Order of the Court of 2 February 2012 — Elf Aquitaine SA v European Commission

(Case C-404/11 P) (1)

(Appeal - Regulation (EC) No 1/2003 - Competition - Cartel - Sodium chlorate market - Concept of an ‘undertaking’ - Presumption of decisive influence - Scope of that presumption - Factors not capable of rebutting the presumption - Personal fine - Unlimited jurisdiction)

2012/C 133/20

Language of the case: French

Parties

Appellant: Elf Aquitaine SA (represented by: E. Morgan de Rivery and E. Lagathu, avocats)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and R. Sauer, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-299/08 Elf Aquitaine v Commission, by which the General Court dismissed the action brought by the applicant for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) — Competition — Cartel — Infringement of the principles of conferral and proportionality — Manifestly erroneous interpretation — Infringement of the rights of the defence, of the principles of equality and equality of arms — Duty to state reasons — Illegality of the personal fine

Operative part of the order

1. The appeal is dismissed.

2. Elf Aquitaine SA is ordered to pay the costs.

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 366/27

Order of the President of the Court of 11 July 2012 — European Commission v Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd, Council of the European Union

(Case C-195/11 P) (1)

2012/C 366/51

Language of the case: English

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

(1) OJ C 179, 18.6.2011.
1.

Articles 63 TFEU and 65 TFEU preclude the legislation of a Member State, such as that at issue in the main proceedings, which does not permit a company resident in another Member State with a holding of more than 10 % but less than 20 % in a company resident in Portugal to obtain exemption from the tax withheld at source on dividends distributed by the company resident in Portugal and therefore subjects those dividends to economic double taxation, whereas, if the dividends are distributed to shareholder companies resident in Portugal with the same kind of holdings, such economic double taxation is avoided. Where a Member State relies on a convention for the avoidance of double taxation concluded with another Member State, it is for the national court to establish whether account should be taken, in the main proceedings, of that convention and, if so, to determine whether it enables the effects of the restriction on the free movment of capital to be neutralised.
EN Official Journal of the European Union C 9/22

Order of the Court (Seventh Chamber) of 4 October 2012 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Vivaio dei Molini Azienda Agricola Porro Savoldi ss v Autorità per la Vigilanza sui Contratti Pullici di lavori, servizi e forniture

(Case C-502/11) (1)

(Public works contracts - Directive 93/37/EEC - Article 6 - Principles of equal treatment and openness - Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) - Institutional and statutory objectives - Agricultural undertakings)

2013/C 9/36

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Vivaio dei Molini Azienda Agricola Porro Savoldi ss

Defendant: Autorita per la Vigilanza sui Contratti Pullici di lavori, servizi e forniture

in the presence of: SOA CQOP Costruttori Qualificati Opere Pubbliche SpA, Unione Provinciale Agricoltori di Brescia

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Article 6 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) — Principle of non-discrimination — National legislation reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding agricultural undertakings in the form of civil partnerships (società semplici)

Operative part of the order

European Union law, in particular Article 6 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, precludes national legislation, such as that at issue in the main proceedings, which prohibits an undertaking such as a civil partnership having the status of ‘contractor’ within the meaning of Directive 93/37 from participating in public procurement procedures solely on the ground of its legal form.

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 379/19

Order of the President of the Court of 14 September 2012 (reference for a preliminary ruling from the Judecătoria Timișoara — Romania) — SC Volksbank România SA v Autoritatea Națională Pentru Protecția Consumatorilor CRPC ARAD TIMIȘ

(Case C-47/11) (1)

2012/C 379/32

Language of the case: Romanian

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

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 129/2

Order of the Court (Fifth Chamber) of 28 February 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — SIA Forvards V v Valsts ieņēmumu dienests

(Case C-563/11) (1)

(Article 99 of the Rules of Procedure - Taxation - VAT - Sixth Directive - Right to deduct - Refusal - Invoice issued by a company considered fictitious)

2013/C 129/03

Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Applicant: SIA Forvards V

Defendant: Valsts ieņēmumu dienests

Re:

Request for a preliminary ruling — Augstākās tiesas Senāts — Interpretation 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 — Taxable person fulfilling the requirements imposed by national law for deduction of the tax paid when goods are purchased, without any abusive conduct having been demonstrated — Refusal of the right to deduct VAT if it is established that the other party to the transaction is unable to supply the goods listed on the invoice which is formally in order

Operative part of the order

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, as amended by Council Directive 95/7/EC of 10 April 1995, must be interpreted as precluding the recipient of an invoice from being denied the right to deduct input value added tax on the ground that, in the light of the fraud or irregularities committed by the issuer of that invoice, the transaction corresponding to the invoice is considered not to have been actually carried out, unless it is established, on the basis of objective factors and without requiring of the recipient of the invoice checks which are not its responsibility, that the recipient knew or should have known that that transaction was connected with value added tax fraud, a matter which it is for the referring court to determine.

(1) OJ C 13, 14.1.2012
EN Official Journal of the European Union C 108/18

Order of the President of the Court of 21 November 2012 — European Commission v Republic of Cyprus

(Case C-662/11) (1)

2013/C 108/41

Language of the case: Greek

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

(1) OJ C 73, 10.3.2012.
EN Official Journal of the European Union C 304/2

Order of the Court (Second Chamber) of 4 July 2013 (request for a preliminary ruling from the Administrativen sad Veliko Tarnovo, Bulgaria) — Menidzherski biznes reshenia OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Veliko Tarnovo pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

(Case C-572/11) (1)

(Directive 2006/112/EC - VAT - Right to deduct - Refusal - Tax mentioned on an invoice - Actual performance of a taxable transaction - None - Evidence - Principles of fiscal neutrality and the protection of legitimate expectations)

2013/C 304/02

Language of the case: Bulgarian

Referring court

Administrativen sad Veliko Tarnovo

Parties to the main proceedings

Applicant: Menidzherski biznes reshenia OOD

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Veliko Tarnovo pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

Re:

Request for a preliminary ruling — Administrativen sad Veliko Tarnovo — Interpretation of Article 203 in conjunction with Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Deduction of input tax — Refusal of the right to deduct VAT on the part of the recipient of supplies of services on the ground that there is no evidence of actual supplies in the light of the invoices — Verification of those invoices in the course of a fiscal audit of the supplier not having given rise to any rectification of the VAT due — Principle of fiscal neutrality

Operative part of the order

Article 168(a) and Article 203 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and the principles of fiscal neutrality and the protection of legitimate expectations, must be interpreted as not precluding the recipient of an invoice from being refused the right to deduct VAT mentioned on that invoice where the transactions to which the invoice relates have not actually been performed, even if the risk of any loss in tax revenue has been eliminated on the ground that the issuer of that invoice has paid the VAT mentioned thereon. It is for the referring court to carry out, in accordance with the national rules relating to evidence, an overall assessment of all the facts and circumstances of the dispute before it in order to determine whether the transactions to which the invoices at issue in the main proceedings relate were actually carried out.

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 156/16

Order of the Court (Third Chamber Chamber) of 21 March 2013 — (request for a preliminary ruling from the Giudice di pace di Lecce — Italy) — Criminal proceedings against Abdoul Khadre Mbaye

(Case C-522/11) (1)

(Article 99 of the Rules of Procedure - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation penalising illegal residence by criminal sanctions)

2013/C 156/25

Language of the case: Italian

Referring court

Giudice di pace di Lecce

Criminal proceedings against

Abdoul Khadre Mbaye

Re:

Request for a preliminary ruling — Ufficio del Giudice di Pace Lecce — Interpretation of Articles 2(2)(b), 6, 7 and 8 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) — National legislation providing for a fine of between EUR 5 000 and EUR 10 000 for a foreign national who has illegally entered or illegally stayed on the national territory — Whether a criminal offence of illegal residence is permissible — Whether immediate expulsion for a period of at least five years, as an alternative to a fine, is permissible

Operative part of the order

1. Third-country nationals prosecuted for or convicted of the offence of illegal residence provided for in the legislation of a Member State cannot, on account solely of that offence of illegal residence, be excluded from the scope of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, pursuant to Article 2(2)(b) of that directive.

2. Directive 2008/115 does not preclude legislation of a Member State, such as that at issue in the main proceedings, penalising the illegal residence of third-country nationals by a fine which may be replaced by expulsion. However, it is only possible to have recourse to that option to replace the fine where the situation of the person concerned corresponds to one of those referred to in Article 7(4) of that directive.

(1) OJ C 370, 17.12.2011.
EN Official Journal of the European Union C 101/14

Order of the President of the Court of 5 October 2012 — European Commission v French Republic

(Case C-143/12) (1)

2013/C 101/30

Language of the case: French

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

(1) OJ C 165, 9.6.2012.