ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 374/12

Order of the Court (Seventh Chamber) of 7 September 2017 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte — Demarchi Gino Sas (C-177/17), Graziano Garavaldi (C-178/17) v Ministero della Giustizia

(Joined Cases C-177/17 and C-178/17) (1)

((Reference for a preliminary ruling - Article 47(2) of the Charter of Fundamental Rights of the European Union - Implementation of EU law - Lack of a sufficiently close connection - Lack of jurisdiction of the Court))

(2017/C 374/16)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Applicants: Demarchi Gino Sas (C-177/17), Graziano Garavaldi (C-178/17)

Defendant: Ministero della Giustizia

Operative part of the order

The Court of Justice of the European Union manifestly lacks jurisdiction to answer the question referred by the Tribunale amministrativo regionale per il Piemonte (Regional Administrative Court, Piedmont, Italy) by the decisions of 11 January 2017.

(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 — European Commission v Slovak Republic

(Case C-605/17) (1)

(2018/C 190/37)

Language of the case: Slovak

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

(1) OJ C 13, 15.1.2018.
EN Official Journal of the European Union C 83/18

Order of the President of the Court of 8 December 2017 — European Commission v French Republic

(Case C-420/17) (1)

(2018/C 083/28)

Language of the case: French

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

(1) OJ C 300, 11.9.2017.
Case C-415/17: Order of the President of the Court of 26 April 2018 — European Commission v Republic of Croatia, supported by the French Republic

Order of the President of the Court of 26 April 2018 — European Commission v Republic of Croatia, supported by the French Republic

(Case C-415/17) ( 1 )

The President of the Court 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 190/19

Order of the President of the Court of 26 January 2018 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen — Germany) — Stadtwerke Delmenhorst GmbH v Manfred Bleckwehl

(Case C-309/17) (1)

(2018/C 190/31)

Language of the case: German

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

(1) OJ C 318, 25.9.2017.
Order of the President of the Court of 2 August 2018 — European Commission v Republic of Slovenia, supported by: Kingdom of Belgium, Federal Republic of Germany, Republic of Estonia, Kingdom of Spain, French Republic, Italian Republic

(Case C-594/17) (1)

(2018/C 399/39)

Language of the case: Slovene

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

(1) OJ C 412, 4.12.2017.
Official Journal of the European Union

Order of the Court (Ninth Chamber) of 26 June 2018 — Windrush Aka LLP v European Union Intellectual Property Office (EUIPO), Jerry Dammers

(Case C-325/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Revocation proceedings - Word mark The Specials - Genuine use - Consent of the proprietor of the trade mark))

(2018/C 301/13)

Language of the case: English

Parties

Appellant: Windrush Aka LLP (represented by: S. Malynicz, QC, instructed by S. Britton, Solicitor)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: D. Botis and J. Crespo Carrillo, acting as Agents), Jerry Dammers (represented by: B. Brandreth, Barrister, instructed by C. Fehler, Solicitor)

Operative part of the order

1. The appeal is dismissed as being manifestly unfounded.

2. Windrush Aka LLP shall pay the costs.

(1) OJ C 347, 16.10.2017.
Order of the President of the Second Chamber of the Court of 24 January 2019 (request for a preliminary ruling from the Okresný súd Bratislava — Slovakia) — ML

(Case C-510/17) (1)

(2019/C 172/27)

Language of the case: Slovak

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

(1) OJ C 374, 6.11.2017.
Order of the Court of 28 November 2018 (request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich — Poland) — Powszechna Kasa Oszczędności (PKO) Bank Polski S.A. v Jacek Michalski

(Case C-632/17) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Directive 2008/48/EC - Order for payment procedure based on bank ledger excerpts - Impossible for the court, in the absence of an action brought by a consumer, to examine the unfairness of the contractual terms))

(2019/C 54/02)

Language of the case: Polish

Referring court

Sąd Rejonowy w Siemianowicach Śląskich

Parties to the main proceedings

Applicant: Powszechna Kasa Oszczędności (PKO) Bank Polski S.A.

Defendant: Jacek Michalski

Operative part of the order

Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and Article 10 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which permits the issue of an order for payment, based on a bank ledger excerpt, as evidence of the existence of a debt arising from a consumer credit agreement, where the court dealing with an application for an order for payment does not have the power to examine whether the terms of that agreement are unfair and to ensure that, in that examination, the information referred to in Article 10 is made available, if the detailed rules for exercising the right to lodge an objection against such an order do not enable observance of the rights which the consumer derives from that directive to be ensured.

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

Order of the President of the Court of 4 June 2018 — European Commission v Republic of Bulgaria

(Case C-61/18) (1)

(2018/C 341/19)

Language of the case: Bulgarian

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

(1) OJ C 112, 26.3.2018.
Case C-87/18: Order of the President of the Court of 29 May 2018 — European Commission v Grand Duchy of Luxembourg

Order of the President of the Court of 29 May 2018 — European Commission v Grand Duchy of Luxembourg

(Case C-87/18) ( 1 )

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

( 1 ) OJ C 161, 7.5.2018.
Official Journal of the European Union

Order of the President of the Court of 8 November 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Eurowings GmbH v JJ, KI

(Case C-557/18) (1)

(2019/C 54/33)

Language of the case: German

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

(1) OJ C 436, 3.12.2018.
Official Journal of the European Union

Order of the President of the Court of 22 August 2018 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — Stefan Neldner v Eurowings GmbH

(Case C-299/18) (1)

(2019/C 16/41)

Language of the case: German

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

(1) OJ C 285, 13.8.2018.
Order of the Court (Sixth Chamber) of 7 March 2019 (request for a preliminary ruling from the Dioikitiko Protodikeio Patron — Greece) — XT v Elliniko Dimosio

(Case C-689/18) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Internal taxation - Prohibition of discriminatory taxation - Luxury tax - Motor vehicles - Exemption from tax depending on the date on which the goods first entered into service in the taxing Member State - No account taken of the date on which the goods first entered into service in another Member State)

(2019/C 172/06)

Language of the case: Greek

Referring court

Dioikitiko Protodikeio Patron

Parties to the main proceedings

Applicant: XT

Defendant: Elliniko Dimosio

Operative part of the order

Article 110 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, under which any owner or keeper of a private car with a large cylinder capacity, the age of which, calculated as from the date on which it first entered into service in that Member State and irrespective of any possible prior entry into service in another Member State, is more than ten years, is exempt from luxury tax.

(1) OJ C 25, 21.1.2019.
Order of the Court (First Chamber) of 10 January 2019 (request for a preliminary ruling from the Court of Appeal — Ireland) — Atif Mahmood and Others v Minister for Justice and Equality

(Case C-169/18) (1)

((Reference for a preliminary ruling - No need to adjudicate))

(2019/C 112/11)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Appellants: Atif Mahmood, Shabina Atif, Mohammed Ahsan, Mohammed Haroon, Nik Bibi Haroon, Noor Habib and Others

Respondent: Minister for Justice and Equality

Operative part of the order

There is no need to give a ruling on the request for a preliminary ruling made by the Court of Appeal (Ireland) by decision of 23 February 2018 in Case C-169/18.

(1) OJ C 166, 14.5.2018.
Order of the Court (Tenth Chamber) of 11 April 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Vanessa Gambietz v Erika Ziegler

(Case C-131/18) (1)

(Reference for a preliminary ruling - Law on undertakings - Combating late payment in commercial transactions - Directive 2011/7/EU - Article 6 - Compensation for recovery costs - Payment of a fixed sum and of reasonable compensation - Deduction of fixed sum from the costs of instructing a lawyer prior to bringing proceedings before a court)

(2019/C 280/12)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Vanessa Gambietz

Defendant: Erika Ziegler

Operative part of the order

Article 6(3) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions must be interpreted to mean that the fixed sum of EUR 40, to which the creditor is entitled pursuant to Article 6(1) of that directive, must be deducted from the reasonable compensation provided for in Article 6(3) thereof.

(1) OJ C 142, 23.4.2018.
Official Journal of the European Union

Order of the President of the Court of 29 March 2019 (request for a preliminary ruling from the Amtsgericht Erding — Germany) — U.B., T.V. v Eurowings GmbH

(Case C-776/18) (1)

(2019/C 220/36)

Language of the case: German

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

(1) OJ C 82, 4.3.2019.
Order of the Court of 20 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto — Italy) — Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’ v ULSS 5 Polesana Rovigo, Regione del Veneto

(Case C-424/18) (1)

(Reference for a preliminary ruling - Public procurement of supplies, works or services - Directive 2014/24/EU - Article 10(h) - Specific exclusions for service contracts - Patient transport ambulance services - Concept)

(2020/C 10/24)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Veneto

Parties to the main proceedings

Applicants: Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’

Defendants: ULSS 5 Polesana Rovigo, Regione del Veneto

Interveners: Regione del Veneto, Croce Verde Adria, Italy Emergenza Cooperativa Sociale, Associazione Nazionale Pubbliche Assistenze (Organizzazione nazionale di volontariato) — ANPAS ODV, Associazione Nazionale Pubblica Assistenza (ANPAS) — Comitato regionale Liguria, Confederazione Nazionale delle Misericordie d’Italia

Operative part of the order

Article 10(h) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, read in conjunction with recital 28 of that directive, must be interpreted as precluding national legislation under which ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and transport services provided with basic levels of care using emergency vehicles, fall, in the absence of any emergency, within the exclusion provided for in that article.

(1) OJ C 311, 3.9.2018.
Official Journal of the European Union

Order of the President of the of the Court of 12 April 2019 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — British Airways plc v MF

(C-643/18) (1)

(2019/C 288/50)

Language of the case: German

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

(1) OJ C 4, 7.1.2019.
Official Journal of the European Union

Order of the Court (Seventh Chamber) of 19 December 2019 — M-Sansz Kereskedelmi, Termelő és Szolgáltató Kft. (M-Sansz Kft.) v European Commission

(Case C-757/18 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Action for annulment - Alleged decisions not to raise objections - Lack of locus standi - Person not individually concerned - Action not brought in order to safeguard procedural rights - Inadmissibility of the action at first instance - Appeal manifestly unfounded)

(2020/C 68/24)

Language of the case: Hungarian

Parties

Appellant: M Sansz Kereskedelmi, Termelő és Szolgáltató Kft. (M Sansz Kft.) (represented by: L. Ravasz, ügyvéd)

Other party to the proceedings: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Operative part of the order

1. The appeal is dismissed as being manifestly unfounded.

2. M-Sansz Kereskedelmi, Termelő és Szolgáltató Kft. (M Sansz Kft.) shall bear its own costs and pay those incurred by the European Commission.

(1) OJ C 148, 29.4.2019.
Official Journal of the European Union

Order of the President of 21 October 2019 (request for a preliminary ruling from the Justice de paix du troisième canton de Charleroi — Belgium) IZ v Ryanair DAC

(C-735/18) (1)

(2020/C 45/32)

Language of the case: French

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

(1) OJ C C 44, 4.2.2019.
Official Journal of the European Union

Order of the President of the Court of 4 February 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Canarias — Spain) — KA v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social

(Case C-811/18) (1)

(2020/C 313/25)

Language of the case: Spanish

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

(1) OJ C 139, 15.4.2019.
Official Journal of the European Union

Order of the President of the Court of 23 October 2019 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Proceedings brought by ZR, BS, AR v Bezirkshauptmannschaft Hartberg-Fürstenfeld, interested party: Finanzpolizei

(Case C-713/18) (1)

(2020/C 77/51)

Language of the case: German

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

(1) OJ C 122, 1.4.2019.
3.

Article 12(1)(b) of Regulation No 2201/2003 must be interpreted as meaning that, where a court of the Member State of the spouses’ common nationality, seised by the applicant, has jurisdiction to rule on divorce proceedings pursuant to Article 3(1)(b) of Regulation No 2201/2003, the condition relating to the acceptance of jurisdiction laid down in Article 12(1)(b) of that regulation cannot be regarded as satisfied where parental responsibility is not the subject of the proceedings and the defendant has not entered an appearance. In that situation, the court seised, which has jurisdiction to rule on the divorce of the spouses, does not have jurisdiction under Article 12(1)(b) of Regulation No 2201/2003 and 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 to rule on issues relating to parental responsibility and maintenance obligations, respectively, in respect of the child concerned.
Order of the President of the Court of 14 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Cooperativa Novalat Scrl and Others v Agenzia per le Erogazioni in Agricoltura (AGEA), Regione Veneto

(Case C-338/18) (1)

(2020/C 320/25)

Language of the case: Italian

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

(1) OJ C 285, 13.8.2018.
Official Journal of the European Union

Order of the President of the Court of 19 July 2019 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción de Ceuta — Spain) — HC, ID v Banco Bilbao Vizcaya Argentaria, S.A.

(Case C-247/19) (1)

(2020/C 19/45)

Language of the case: Spanish

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

(1) OJ C 246, 22.7.2019.
Order of the Court (Seventh Chamber) of 8 May 2019 (request for a preliminary ruling from the Tribunalul București — Romania) — SC Mitliv Exim SRL v Agenția Națională de Administrare Fiscală and Direcția Generală de Administrare a Marilor Contribuabili

(Case C-9/19) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court - Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the need for an answer to the question referred - Manifest inadmissibility)

(2019/C 288/11)

Language of the case: Romanian

Referring court

Tribunalul București

Parties to the main proceedings

Applicant: SC Mitliv Exim SRL

Defendants: Agenția Națională de Administrare Fiscală and Direcția Generală de Administrare a Marilor Contribuabili

Operative part of the order

The request for a preliminary ruling from the Tribunalul București (Regional Court, Bucharest, Romania), made by decision of 8 June 2018, is manifestly inadmissible.

(1) OJ C 131, 8.4.2019.
Official Journal of the European Union

Order of the President of the Court of 23 October 2019 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Proceedings brought by DY v Bezirkshauptmannschaft Hartberg-Fürstenfeld, interested party: Finanzpolizei

(Case C-138/19) (1)

(2020/C 77/52)

Language of the case: German

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

(1) OJ C 187, 3.6.2019.
Order of the Court (Eighth Chamber) of 11 December 2019 (request for a preliminary ruling from the Cour du travail de Liège — Belgium) — Ville de Verviers v J

(Case C-483/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Social policy - Directive 1999/70/EC - Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work - Clause 2 - Scope of the Framework Agreement - Possibility for Member States to exclude initial vocational training relationships and apprenticeship schemes and employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme - Consequences)

(2020/C 68/29)

Language of the case: French

Referring court

Cour du travail de Liège

Parties to the main proceedings

Applicant: Ville de Verviers

Defendant: J

Operative part of the order

Clause 2(2)(b) of the framework agreement on fixed-term work annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as not precluding that a national legislature which, in accordance with the power granted to it under that provision, excluded from the scope of the national legislation transposing Directive 1999/70 and the framework agreement a certain category of contracts, be exempted from adopting national measures so as to provide a guarantee to workers covered by that category of contract that the objectives pursued by the framework agreement will be respected.

(1) OJ C 288, 26.8.2019.
Order of the Court (Ninth Chamber) of 30 June 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ge.Fi.L. — Gestione Fiscalità Locale SpA v Regione Campania

(Case C-618/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public contracts - Directive 2014/24/EU - Article 12(4) - Awarding of contract to a non-economic public institution without being put out to competition - Exclusion of contracts covered by cooperation between public bodies - Conditions)

(2020/C 287/30)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Ge.Fi.L. — Gestione Fiscalità Locale SpA

Defendant: Regione Campania

Other parties: ACI — Automobile Club d’Italia, ACI Informatica SpA, ACI di Napoli, ACI di Avellino, ACI di Benevento, ACI di Caserta, ACI di Salerno

Operative part of the order

Article 12(4) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as precluding a national provision which permits public service contracts relating to the management of the tax on vehicles to be awarded directly to non-economic public institutions that have the task of maintaining the public register of motor-vehicles.

(1) OJ C 413, 9.12.2019.
Official Journal of the European Union

Order of the President of the Court of 6 November 2019 (request for a preliminary ruling from the Audiencia Provincial de Zaragoza — Spain) — Ibercaja Banco, S.A. v SO, TP

(Case C-497/19) (1)

(2020/C 137/67)

Language of the case: Spanish

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

(1) OJ C 357, 21.10.2019.
Order of the Court (Ninth Chamber) of 15 January 2020 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — SC Banca E S.A. v G.D.

(Case C-381/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Consumer protection - Directive 93/13/EEC - Introduction of a new legal remedy in the course of the proceedings - Principles of legal certainty and effectiveness)

(2020/C 313/09)

Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Appellant: SC Banca E S.A.

Respondent: G.D.

Operative part of the order

The principles of legal certainty and effectiveness must be interpreted as not precluding a procedural rule which modifies the system of legal remedies provided for under national law, by introducing an additional legal remedy and an additional level of jurisdiction, and which applies to proceedings between a consumer and a seller or supplier already in progress at the time of that modification, where that new legal remedy is available to both the consumer and the seller or supplier.

(1) OJ C 288, 26.8.2019.