ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 234/18

Order of the Court of 26 March 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Eis.de GmbH v BBY Vertriebsgesellschaft mbH

(Case C-91/09) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Trade marks - Internet - Keyword advertising - Display, on the basis of a keyword identical to a trade mark, of an advert of a competitor to the proprietor of that trade mark - Directive 89/104/EEC - Article 5(1)(a))

2010/C 234/26

Language of the case: German

Referring court

Bundesgerichtshof (Germany)

Parties to the main proceedings

Applicant: Eis.de GmbH

Defendant: BBY Vertriebsgesellschaft mbH

Re:

Reference for a preliminary ruling — Bundesgerichtshof Karlsruhe — Interpretation of Article 5(1)(a) 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) — Inscription of a sign similar to a trade mark with a service provider operating an Internet search engine in order automatically to have displayed on the screen, after entry of that sign as a search term, adverts for goods or services identical to those for which the trade mark in question was registered (‘keyword advertising’) — Absence of authorisation from the proprietor of the trade mark — Classification of that use of the mark as ‘use’ within the meaning of the provision cited above

Operative part of the order

Article 5(1)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with that trade mark which that advertiser has, without the consent of the proprietor, selected in connection with an internet referencing service, goods or services identical with those for which that mark is registered, in the case where that advertisement does not enable an average internet user, or enables that user only with difficulty to ascertain whether the goods or services referred to therein originate from the proprietor of the trade mark or an undertaking economically connected to it or, on the contrary, originate from a third party.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 63/24

Order of the President of the Eighth Chamber of the Court of 7 December 2010 — (reference for a preliminary ruling from the Bezirksgericht Ried i.I. (Austria)) — Criminal proceedings against Antonio Formato, Lenka Rohackova, Torsten Kuntz, Gardel Jong Aten, Hubert Kanatschnig, Jarmila Szabova, Zdenka Powerova, Nousia Nettuno

(Case C-116/09) (1)

2011/C 63/45

Language of the case: German

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

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 346/21

Order of the Court of 24 June 2010 — Kronoply GmbH & Co. KG v European Commission

(Case C-117/09 P) (1)

(Appeal - State aid - Application for aid intended to amend aid previously granted to the recipient undertaking and notified to the Commission after the investment project had been fully completed - Criteria of the incentive effect and of necessity)

2010/C 346/35

Language of the case: German

Parties

Appellant: Kronoply GmbH & Co. KG (represented by: R. Nierer and L. Gordalla, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: K. Gross, V. Kreuschitz and T. Scharf, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 January 2009 in Case T-162/06 Kronoply v Commission by which the Court dismissed the application for annulment of Commission Decision 2006/262/EC of 21 September 2005 declaring State aid which Germany is planning to implement for the appellant to be incompatible with the common market (OJ 2006 L 94, p. 50) — Proposed aid intended to amend aid previously granted to the recipient undertaking notified to the Commission after the investment project had been fully completed by means of the aid initially approved — Incorrect assessment of the incentive effect and of the necessity of the aid at issue

Operative part of the order

1. The appeal is dismissed.

2. Kronoply GmbH & Co. KG is ordered to pay the costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 252/26

Order of the President of the Third Chamber of the Court of 11 February 2011 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Reti Televisive Italiane SpA (RTI) v Autorità per le Garanzie nelle Communicazioni, Sky Italia Srl

(Case C-390/09) (1)

2011/C 252/51

Language of the case: Italian

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

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 89/12

Order of the President of the Third Chamber of the Court of 14 December 2010 — European Commission v Republic of Poland

(Case C-349/09) (1)

2011/C 89/23

Language of the case: Polish

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

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 63/16

Order of the Court (Eighth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Finanzgericht Düsseldorf) — KMB Europe BV v Hauptzollamt Duisburg

(Case C-193/10) (1)

(The first subparagraph of Article 104(3) of the Rules of Procedure - Common Customs Tariff - Combined Nomenclature - Tariff classification - MP3 Media Player - Heading 8521 - Video recording or reproducing apparatus)

2011/C 63/29

Language of the case: German

Referring court

Finanzgericht Dusseldorf

Parties to the main proceedings

Applicant: KMB Europe BV

Defendant: Hauptzollamt Duisburg

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and the statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006 (OJ 2006 L 301, p. 1) — MP3 Media Player — Apparatus with a limited capacity to reproduce still images and videos whose principal function is the reproduction of sound — Classification under heading 8519 (‘Sound recording or sound reproducing apparatus’) or under heading 8521 (‘Video recording or reproducing apparatus’) of the Combined Nomenclature.

Operative part of the order

Heading 8521 of the Combined Nomenclature in the version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and the statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006 must be interpreted as meaning that MP3 media players, such as those at issue in the main proceedings, in relation to which the referring court finds that the principal function characterising all such apparatus is the recording and reproduction of sound, are excluded from that heading.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 30/32

Order of the President of the Court of 8 November 2010 — European Commission v Republic of Estonia

(Case C-195/10) (1)

()

2011/C 30/55

Language of the case: Estonian

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

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 89/13

Order of the President of the Court of 16 November 2010 (reference for a preliminary ruling from the Tribunal da Relação do Porto (Portugal)) — Companhia Siderúrgica Nacional, CSN Cayman Ltd v Unifer Steel SL, BNP Paribas (Suisse), Colepccl (Portugal) SA, Banco Português de Investimento SA (BPI)

(Case C-315/10) (1)

2011/C 89/27

Language of the case: Portuguese

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

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 89/13

Order of the President of the Court of 12 November 2010 — European Commission v Hellenic Republic

(Case C-80/10) (1)

2011/C 89/25

Language of the case: Greek

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

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 173/9

Order of the President of the Eighth Chamber of the Court of 28 February 2011 — European Commission v Republic of Estonia

(Case C-407/10) (1)

2011/C 173/20

Language of the case: Estonian

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

(1) OJ C 274, 9.10.2010.
1.

Article 155(2) TFEU and the Framework Agreement on fixed-term work concluded on 18 March 1999, which is 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 national legislation, such as Article 11(2) of Presidential Decree No 164/2004 laying down provisions concerning workers employed under fixed-term contracts in the public sector, which provides that an application by a worker to convert a succession of fixed-term employment contracts liable to be considered to constitute an abuse into an employment contract of indefinite duration must be made to the competent authority within a time-limit of two months from the date of entry into force of that decree, provided that — a matter which it is for the referring court to determine — that time-limit is not less favourable than that governing similar domestic actions regarding employment law and does not render impossible or excessively difficult the exercise of rights conferred by European Union law.
EN Official Journal of the European Union C 232/23

Order of the President of the Court of 20 May 2011 (reference for a preliminary ruling from the Tribunal Judicial de Vieira do Minho — Portugal) — Manuel Afonso Esteves v Axa Seguros Portugal SA

(Case C-437/10) (1)

2011/C 232/38

Language of the case: Portuguese

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

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 211/8

Order of the Court (Fifth Chamber) of 28 March 2011 — Herhof-Verwaltungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Stabilator sp. z o.o.

(Case C-418/10 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Opposition proceedings - Earlier mark STABILAT - Figurative sign ‘stabilator’ - Relative ground for refusal - Likelihood of confusion - Absence of similarity of the goods and services)

2011/C 211/14

Language of the case: German

Parties

Appellant: Herhof-Verwaltungsgesellschaft mbH (represented by: A. Zinnecker and S. Müller, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Stabilator sp. z o.o. (represented by M. Kacprzak, radca prawny)

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 7 July 2010 in Case T-60/09 Herhof v OHIM — Stabilator, by which the General Court dismissed the action brought by the proprietor of the Community word mark STABILAT in respect of goods and services in Classes 1, 7, 11, 20, 37, 40 and 42, against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008, rejecting its opposition against registration of the figurative Community trade mark stabilator in respect of goods and services in Classes 19, 37 and 42 — Incorrect assessment of the similarity between the services covered by the marks at issue — Infringement of the right to be heard before a court

Operative part of the order

1. The appeal is dismissed.

2. Herhof-Verwaltungsgesellschaft mbH shall pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 252/27

Order of the President of the Court of 15 February 2011 (reference for a preliminary ruling from the Tribunal administratif de Montreuil (France)) — Accor Services France v Le Chèque Déjeuner CCR, Etablissement Public de Santé de Ville-Evrard

(Case C-269/10) (1)

2011/C 252/55

Language of the case: French

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

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 252/8

Order of the Court (Sixth Chamber) of 24 March 2011 (reference for a preliminary ruling from the Landgericht München I, Germany) — Robert Nicolaus Abt and Others v Hypo Real Estate Holding AG

(Case C-194/10) (1)

(Reference for a preliminary ruling - Relevance of the question - No jurisdiction)

2011/C 252/13

Language of the case: German

Referring court

Landgericth München I

Parties to the main proceedings

Applicants: Robert Nicolaus Abt, Danieal Kalwarowskyj, Mangusta Beteiligungs GmbH, Karsetn Trippel, VC-Services GmbH, Henning Hahmann

Defendant: Hypo Real Estate Holding AG

Interveners: Klaus E. H. Zapf, Inge Jung-Arend

Re:

Reference for a preliminary ruling — Landgericht Munich I — Interpretation of Article 297 EC and of Article 5(1) of Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (OJ 2007 L 184, p. 17) — Period for convocation of general meeting of a listed company — National legislation, ceasing to have effect on the expiry of the transposition period for the directive, which provides for a shorter convocation period than the minimum period under the directive — Provision likely seriously to compromise the result prescribed by the directive, in the light of the national legislation according to which some decisions of the general meeting remain valid after being registered in the commercial register, even in the event of annulment following legal action

Operative part of the order

1. The Court of Justice of the European Union does not have jurisdiction to answer the first question referred for a preliminary ruling by the Landgericth München I.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 340/5

Order of the Court (Seventh Chamber) of 22 June 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-56/10 P) (1)

(Appeal - Community trade mark - Figurative marks 100 and 300 - Refusal of registration - Regulation (EC) No 40/94 - Article 7(1)(b) and (c) - Distinctive character - Descriptive character - Article 38(2) - Disclaimer of any exclusive right to a non-distinctive element of a trade mark applied for)

2011/C 340/08

Language of the case: Polish

Parties

Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: D. Rzążwska radca prawny)

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

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Joined Cases T-425/07 and T-426/07 Agencja Wydawnicza Technopol v OHIM, by which that Court dismissed two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 3 September 2007 (Cases R 1274/2006-4 and R 1275/2006-4), concerning the applications for registration of the word marks 100 and 300 as Community trade marks — Infringement of Article 7(1)(b) and (c), and Article 38(2) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Descriptive character of marks composed exclusively of figures.

Operative part of the order

1. The appeal is dismissed,

2. Agencja Wydawnicza Technopol sp. z o.o. shall pay the costs.

(1) OJ C 113, 1.05.2010.
EN Official Journal of the European Union C 252/27

Order of the President of the Court of 6 June 2011 (reference for a preliminary ruling from the Tribunal Judicial de Póvoa de Lanhoso (Portugal)) — Maria de Jesus Barbosa Rodrigues v Zurich Companhia de Seguros, S.A.

(Case C-363/10) (1)

2011/C 252/58

Language of the case: Portuguese

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

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 73/25

Order of the President of the Second Chamber of the Court of 25 October 2011 (reference for a preliminary ruling from the Landesarbeitsgericht Köln — Germany) — Land Nordrhein-Westfalen v Sylvia Jansen

(Case C-313/10) (1)

2012/C 73/44

Language of the case: German

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

(1) OJ C 274, 9.10.2010.
Order of the Court of 20 September 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission

(Case C-561/10 P) (1)

(Appeal - Public service contracts - Invitation to tender - Computing services for the maintenance of the SEI-BUD/AMD/CR systems - Rejection of the tender - Inadequate statement of reasons - Incorrect assessment of the facts and evidence)

(2012/C 25/41)

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 Commission (represented by: S. Delaude and N. Bambara, acting as Agents)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 9 September 2010 in Case T-387/08 Evropaïki Dynamiki v Commission dismissing an application (i) for annulment of the decision of the Publications Office of the European Union of 20 June 2008 rejecting the tender submitted by the appellant in Call for Tender for computing services — maintenance of the SEI-BUD/AMD/CR systems and related services (AO 10185) (OJ 2008/S 43-058884) 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 72, 5.3.2011.
EN Official Journal of the European Union C 101/14

Order of the President of the Fourth Chamber of the Court of 24 October 2012 — Grain Millers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Grain Millers GmbH & Co. KG

(Case C-447/10 P) (1)

2013/C 101/28

Language of the case: English

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

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 109/8

Order of the President of the Seventh Chamber of the Court of 20 January 2012 — European Commission v Hungary

(Case C-575/10) (1)

2012/C 109/17

Language of the case: Hungarian

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

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 269/39

Order of the President of the Court of 7 July 2011 (reference for a preliminary ruling from the Tribunale di Frosinone (Italy)) — Procura della Repubblica v Patrick Conteh

(Case C-169/11) (1)

2011/C 269/84

Language of the case: Italian

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

(1) OJ C 173, 11.6.2011.
EN Official Journal of the European Union C 252/29

Order of the President of the First Chamber of the Court of 29 June 2011 (reference for a preliminary ruling from the Corte suprema di cassazione — Italy) — Procuratore generale della Repubblica presso la Corte suprema di cassazione v Demba Ngagne

(Case C-140/11) (1)

2011/C 252/69

Language of the case: Italian

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

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 73/13

Order of the Court (Sixth Chamber) of 14 December 2011 (reference for a preliminary ruling from Tribunalul Dâmbovița — Romania) — Victor Cozman v Teatrul Municipal Târgoviște

(Case C-462/11) (1)

(Reference for a preliminary ruling - First Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Whether national legislation establishing reductions in the salaries of several categories of public-sector employee is lawful - Lack of connection to European Union law - Clear lack of jurisdiction of the Court)

2012/C 73/23

Language of the case: Romanian

Referring court

Tribunalul Dâmbovița

Parties to the main proceedings

Applicant: Victor Cozman

Defendant: Teatrul Municipal Târgoviște

Re:

Reference for a preliminary ruling — Tribunalul Dâmbovița — Interpretation of Article 1 of the First Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms — Whether national legislation establishing reductions in the salaries of several categories of public-sector employee is lawful — Nature of remuneration rights — Limitations

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred for a preliminary ruling by Tribunalul Dâmbovița (Romania) by decision of 7 February 2011.

(1) OJ C 331, 12.11.2011.
Order of the Court (Eighth Chamber) of 21 September 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA

(Case C-378/11 P) (1)

(Appeal - Community trade mark - Proceedings before the Board of Appeal of OHIM - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)

(2012/C 25/43)

Language of the case: English

Parties

Appellant: Longevity Health Products, Inc. (represented by: J. Korab, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA

Re:

Appeal against the order of the General Court (Second Chamber) of 15 April 2011 in Case T-95/11 Longevity Health Products v OHIM — Biofarma (VITACHRON MALE) by which that court dismissed an action brought by the applicant for the word mark ‘VITACHRON MALE’ for goods and services in, inter alia, Class 5 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 January 2011 in Case R 1356/2010-4, declaring that the appeal against the Opposition Division’s decision — which refused registration of that mark in the opposition proceedings brought by the proprietor of the national marks ‘VITATHION’ for goods and services in Class 5 — was deemed not to have been filed since the appeal fee had not been paid within the time-limit.

Operative part of the order

1. The appeal is dismissed.

2. Longevity Health Products, Inc. shall bear its own costs.

(1) OJ C 269, 10.9.2011.