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

Order of the Court (Ninth Chamber) of 25 May 2020 (request for a preliminary ruling from the Tribunal Central Administrativo Norte — Portugal) — Resopre — Sociedade Revendedora de Aparelhos de Precisão SA v Município de Peso da Régua

(Case C-643/19) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Directive 2014/24/EU - Public procurement - Directive 2014/23/EU - Services concessions - Absence of factual or legal material necessary to give a useful answer to the questions referred - Inadmissibility)

(2020/C 287/32)

Language of the case: Portuguese

Referring court

Tribunal Central Administrativo Norte

Parties to the main proceedings

Applicant: Resopre — Sociedade Revendedora de Aparelhos de Precisão SA

Defendant: Município de Peso da Régua

Intervening parties: Datarede — Sistemas de Dados e Comunicações SA, Alexandre Barbosa Borges SA, Fernando L. Gaspar — Sinalização e Equipamentos Rodoviários SA

Operative part of the order

The request for a preliminary ruling made by the Tribunal Central Administrativo Norte (Northern Central Administrative Court, Portugal) by decision of 26 July 2019 is manifestly inadmissible.

(1) OJ C 399, 25.11.2019.
Order of the Court (Sixth Chamber) of 26 March 2020 (request for a preliminary ruling from the Cour administrative — Luxembourg) — Luxaviation SA v Ministre de l’Environnement

(Case C-113/19) (1)

(Reference for a preliminary ruling - Environment - Scheme for greenhouse gas emission allowance trading - Directive 2003/87/EC - Penalty for excess emissions - No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure - No possibility of varying the amount of the penalty - Proportionality - Articles 20, 41, 47 and Article 49(3) of the Charter of Fundamental Rights of the European Union - Principle of the protection of legitimate expectations)

(2020/C 320/02)

Language of the case: French

Referring court

Cour administrative

Parties to the main proceedings

Applicant: Luxaviation SA

Defendant: Ministre de l’Environnement

Operative part of the order

1. Articles 20 and 47 and Article 49(3) of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding there being no possibility for the flat-rate penalty provided for in Article 16(3) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009, to be varied by a national court.

2. Article 41 of the Charter of Fundamental Rights of the European Union must be interpreted as not applying to the issue of whether it is obligatory for Member States, and not merely optional for them, to introduce warning, reminder and advance-surrender mechanisms allowing operators acting in good faith to be fully informed of their surrender obligation and thus not to run any risk of a penalty under Article 16(3) of Directive 2003/87, as amended by Directive 2009/29.

3. The principle of the protection of legitimate expectations must be interpreted as not precluding the imposition of the penalty provided for in Article 16(3) of Directive 2003/87, as amended by Directive 2009/29, in a situation where the competent authorities did not warn the operator prior to the expiry of the time limit for surrender, whereas they had done so, without being obliged to, the previous year.

4. It is for the referring court to assess whether the concept of ‘circumstances constituting force majeure’, within the meaning of paragraph 31 of the judgment of 17 October 2013, Billerud Karlsborg and Billerud Skärblacka (C-203/12, EU:C:2013:664), applies to a situation such as that at issue in the main proceedings.

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

Order of the President of the Tenth Chamber of the Court of 25 February 2020 — European Commission v Czech Republic

(Case C-305/19) (1)

(2020/C 320/33)

Language of the case: Czech

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

(1) OJ C 213, 24.6.2019.
Order of the President of the Eighth Chamber of the Court of 25 June 2020 (request for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Valencia — Spain) — GT v Air Nostrum Líneas Aéreas del Mediterráneo SA

(Case C-560/19) (1)

(2020/C 329/19)

Language of the case: Spanish

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

(1) OJ C 372, 4.11.2019.
Official Journal of the European Union

Order of the President of the Court of 30 April 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — GF v Subdelegación del Gobierno en Toledo

(Case C-525/19) (1)

(2020/C 320/39)

Language of the case: Spanish

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

(1) OJ C 432, 23.12.2019.
Official Journal of the European Union

Order of the President of the Court of Justice of 2 October 2019 — European Commission v Republic of Slovenia

(Case T-413/19) (1)

(2020/C 443/20)

Language of the case: Slovenian

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

(1) OJ C 246, 22.7.2019.
Official Journal of the European Union

Order of the President of the Court of 28 August 2020 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie — Poland) — E. Sp. z o.o v K.S.

(Case C-904/19) (1)

(2020/C 414/40)

Language of the case: Polish

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

(1) OJ C 54, 17.2.2020.
Official Journal of the European Union

Order of the Court (Ninth Chamber) of 20 January 2021 — CCPL — Consorzio Cooperative di Produzione e Lavoro SC, Coopbox group SpA, Coopbox Eastern s.r.o.v European Commission

(Case C-706/19 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Competition - Agreements, decisions and concerted practices - Retail food packaging market - Appeal directed against the grounds - Appeal manifestly inadmissible)

(2021/C 138/17)

Language of the case: Italian

Parties

Appellant: CCPL — Consorzio Cooperative di Produzione e Lavoro SC, Coopbox group SpA, Coopbox Eastern s.r.o. (represented initially by: S. Bariatti, E. Cucchiara and A. Cutrupi, avvocati, and subsequently by E. Cucchiara, avvocato)

Other party to the proceedings: European Commission (represented initially by: P. Rossi and T. Vecchi, and subsequently by P. Rossi, G. Conte and C. Sjödin, acting as Agents)

Operative part of the order

1. The appeal is dismissed as manifestly inadmissible.

2. CCPL — Consorzio Cooperative di Produzione e Lavoro SC, Coopbox group SpA and Coopbox Eastern s.r.o. are ordered to bear their own costs and those incurred by the European Commission.

(1) OJ C 383, 11.11.2019.
Order of the Court (Eighth Chamber) of 10 October 2020 (request for a preliminary ruling from the Najvyšší súd Slovenskej republiky — Slovakia) — Finančné riaditeľstvo Slovenskej republiky v Weindel Logistik Service SR spol. s r.o.

(Case C-621/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 168(e) - Input tax deduction - Use of the goods solely for the purposes of the taxable person’s taxable transactions - Existence of a direct link between the imported goods and the output transaction)

(2021/C 44/13)

Language of the case: Slovakian

Referring court

Najvyšší súd Slovenskej republiky

Parties to the main proceedings

Applicant: Finančné riaditeľstvo Slovenskej republiky

Defendant: Weindel Logistik Service SR spol. s r.o.

Operative part of the order

Article 168(e) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding the grant of a right to deduct value added tax (VAT) to an importer where he does not dispose of the goods as an owner and where the upstream import costs are non-existent or are not incorporated in the price of particular output transactions or in the price of the goods and services supplied by the taxable person in the course of his economic activities.

(1) OJ C 363, 28.10.2019.
Official Journal of the European Union

Order of the President of the Court of 24 August 2021 (request for a preliminary ruling from the l’Oberster Gerichtshof — Austria) — Puls 4 TV GmbH & Co. KG v YouTube LLC, Google Austria GmbH

(Case C-500/19) (1)

(2021/C 471/38)

Language of the case: German

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

(1) OJ C 295, 2.9.2019.
Official Journal of the European Union

Order of the President of the Court of 30 July 2020 (request for a preliminary ruling from the Sąd Rejonowy w Gliwicach — Poland) — D. Spółka Akcyjna v W. Zrt

(Case C-127/20) (1)

(2020/C 329/27)

Language of the case: Polish

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

(1) OJ C 209, 22.6.2020.
Official Journal of the European Union

Order of the President of the Court of Justice of 21 December 2020 (request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent — Belgium) — Openbaar Ministerie v EA

(Case C-246/20) (1)

(2021/C 79/35)

Language of the case: Dutch

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

(1) OJ C 297, 7.9.2020.
Official Journal of the European Union

Order of the President of the Court of 27 October 2020 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — flightright GmbH v SunExpressGünes Ekspres Havacilik A.S.

(Case C-434/20) (1)

(2021/C 44/63)

Language of the case: German

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

(1) OJ C 433, 14.12.2020.
Official Journal of the European Union

Order of the President of the Court of 16 April 2021 (request for a preliminary ruling from the Amtsgericht Nürnberg — Germany) — Flightright GmbH (C-442/20, C-443/20 and C-444/20), PN and LM (C-445/20) v Ryanair Designated Activity Company

(Joined Cases C-442/20 to C-445/20) (1)

(2021/C 289/46)

Language of the case: German

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

(1) OJ C 433, 14.12.2020.
Order of the Court (Eight Chamber) of 25 February 2021 (request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich — Austria) — Stadtapotheke E v Bezirkshauptmannschaft Linz-Land

(Case C-378/20) (1)

(Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Article 47 - Right to a fair trial - Application for a licence for a new pharmacy - Obligation to request an expert opinion from the chamber of pharmacists - Freedom to choose an occupation and right to engage in work - Freedom to conduct a business - Right to property - Conditions for the establishment of a new pharmacy - Proportionality - Failure to implement EU law - Article 53(2) and Article 94 of the Rules of Procedure of the Court - Clear lack of jurisdiction of the Court)

(2021/C 182/33)

Language of the case: German

Referring court

Landesverwaltungsgericht Oberösterreich

Parties to the main proceedings

Applicant: Stadtapotheke E

Defendant: Bezirkshauptmannschaft Linz-Land

Intervener: AW

Operative part of the order

The Court of Justice of the European Union clearly lacks jurisdiction to answer the questions referred by the Landesverwaltungsgericht Oberösterreich (Regional Administrative Court, Upper Austria, Austria) by decision of 10 August 2020.

(1) OJ C 443, 21.12.2020.
Official Journal of the European Union

Order of the President of the Court of 17 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v OP

(Case C-627/20) (1)

(2021/C 368/22)

Language of the case: German

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

(1) OJ C 72, 1.3.2021.
Official Journal of the European Union

Order of the President of the Sixth Chamber of the Court of 20 May 2021 — Vanda Pharmaceuticals Ltd v European Commission

(Case C-115/20 P) (1)

(2021/C 320/36)

Language of the case: English

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

(1) OJ C 137, 27.4.2020.
2.

In the second sentence of paragraph 53 of the judgment of 19 December 2019, Amoena (C-677/18, EU:C:2019:1142), the Court, in order to determine whether the mastectomy bras may be regarded as breast form ‘accessories’ for the purposes of Chapter 90 of the Combined Nomenclature, set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) 2016/1821 of 6 October 2016 merely applied the test defined in paragraph 51 of that judgment, according to which interchangeable parts or devices which enable a machine to perform a particular service relative to its main function must be classified as ‘accessories’ for the purposes of that chapter.
Official Journal of the European Union

Order of the President of Court of 17 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany.) — Deutsche Lufthansa AG v PR, TV

(Case C-631/20) (1)

(2021/C 368/25)

Language of the case: German

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

(1) OJ C 72, 1.3.2021
Official Journal of the European Union

Order of the President of the Court of 6 October 2021 (request for a preliminary ruling from the Veszprémi Törvényszék — Hungary) — ENERGOTT Fejlesztő és Vagyonkezelő Kft v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-643/20) (1)

(2022/C 51/33)

Language of the case: Hungarian

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

(1) OJ C 98, 22.3.2021.
Official Journal of the European Union

Order of the President of the Court of 9 August 2022 (requests for a preliminary ruling from the Amtsgericht Köln — Germany) — AC (C-148/20), DF (C-149/20), BD (C-150/20) v Deutsche Lufthansa AG, interested party: Bundeskriminalamt (C-150/20)

(Joined Cases C-148/20 to C-150/20) (1)

(2023/C 15/35)

Language of the case: German

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

(1) OJ C 279, 24.8.2020.
Official Journal of the European Union

Order of the President of the Court of 8 April 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — IP v Tribunal Económico-Administrativo Regional de Cataluña (TEAR de Cataluña)

(Case C-330/20) (1)

(2022/C 359/64)

Language of the case: Spanish

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

(1) OJ C 359, 26.10.2020.
Official Journal of the European Union

Order of the President of the Court of 14 June 2021 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — FC v FTI Touristik GmbH

(Case C-287/21) (1)

(2021/C 357/27)

Language of the case: German

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

(1) OJ C 278, 12.7.2021.
2.

Article 49 TFEU must be interpreted as precluding legislation of a Member State which requires a partner and manager of an undertaking, resident in that Member State, who does not receive a salary or income from that undertaking, established in another Member State, to register a vehicle made available to him or her by the undertaking, without having the possibility of proving the role he or she has within the undertaking, provided that that vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor in fact used in that manner.
Official Journal of the European Union

Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v GD, WT

(Case C-135/21) (1)

(2021/C 368/31)

Language of the case: German

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

(1) OJ C 182, 10. 5.2021.
Order of the Court (Eighth Chamber) of 7 February 2022 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — Vapo Atlantic SA v Autoridade Tributária e Aduaneira

(Case C-460/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Excise duties - Directive 2008/118/EC - Article 1(2) - Levying, for specific purposes, of other indirect taxes - ‘Specific purposes’ - Definition - Financing of a public undertaking holding the concession contract in respect of the national road network - Objectives of environmental sustainability and reducing accidents - Purely budgetary purpose - Refusal to reimburse a tax based on unjust enrichment - Conditions)

(2022/C 138/05)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: Vapo Atlantic SA

Defendant: Autoridade Tributária e Aduaneira

Operative part of the order

By order of the Court of 7 February 2022, the Court (Eighth Chamber) rules:

1. Article 1(2) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC must be interpreted as meaning that a charge, the revenue from which is allocated, in a generic manner, to a public undertaking holding the concession contract for the national road network and the structure of that charge does not indicate an intention to discourage the consumption of the main road fuels, does not pursue ‘specific purposes’ within the meaning of that provision.

2. EU law must be interpreted as precluding national authorities from being able to justify their refusal to reimburse an indirect charge that is contrary to Directive 2008/118 by assuming that that charge has been passed on to third parties and, as a result, that the taxable person has been unjustly enriched.

(1) Date lodged: 26/7/2021.
Official Journal of the European Union

Order of the President of the Court of 29 October 2021 (request for a preliminary ruling from the Tribunal administratif de Dijon — France) — Mr. X v Préfet de Saône-et-Loire

(Case C-206/21) (1)

(2022/C 84/44)

Language of the case: French

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

(1) OJ C 278, 12.7.2021.
Order of the Court (Tenth Chamber) of 9 February 2022 (request for a preliminary ruling from the Varhoven kasatsionen sad — Bulgaria) — ‘Konservinvest’ OOD v ‘Bulkons Parvomay’ OOD

(Case C-35/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Quality schemes for agricultural products and foodstuffs - Regulation (EU) No 1151/2012 - Designations of Origin and Geographical indications - Article 9 - Transitional national protection - Geographical indication designating an agricultural product, registered under the legislation of a Member State and protected at national level)

(2022/C 222/06)

Language of the case: Bulgarian

Referring court

Varhoven kasatsionen sad (Bulgaria)

Parties to the main proceedings

Applicant:‘Konservinvest’ OOD

Defendant:‘Bulkons Parvomay’ OOD

Operative part of the order

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs must be interpreted as precluding legislation of a Member State providing for a national system for the registration and protection of qualified geographical designations relating to agricultural products and foodstuffs falling within the scope of that regulation, which is intended to apply only to disputes relating to infringements of the rights arising from those designations between traders from that Member State which produce, in that Member State, the products for which those designations have been registered under that regulation.

(1) OJ C 98, 22.3.2021.
Official Journal of the European Union

Order of the President of the Court of 15 February 2022 — European Union Copper Task Force v European Commission, European Parliament, Council of the European Union

(Case C-828/21 P) (1)

(2022/C 222/44)

Language of the case: English

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

(1) OJ C 73, 14.2.2022.
Official Journal of the European Union

Order of the President of the Court of 8 June 2022 — European Parliament v European Commission

(Case C-657/21) (1)

(2022/C 368/33)

Language of the case: English

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

(1) OJ C 11, 10.1.2022.
Order of the Court (Tenth Chamber) of 24 June 2022 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Krakowie — Poland) — Rzecznik Praw Obywatelskich

(Case C-2/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Citizenship of the Union - Articles 20 and 21 TFEU - Right to move and reside freely within the territory of the Member States - Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child - Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status - Transcription of that certificate being a prerequisite for the issuing of identity documents - National legislation of that Member State of origin not recognising the parenthood of persons of the same sex)

(2022/C 326/02)

Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny w Krakowie

Parties to the main proceedings

Applicant: Rzecznik Praw Obywatelskich

Other parties: K.S., S.V.D., Prokurator Prokuratury Okręgowej w Krakowie M.C., Prokuratura Krajowa, Kierownik Urzędu Stanu Cywilnego w Krakowie

Operative part of the order

Articles 20 and 21 TFEU, read in conjunction with Articles 7 and 24 of the Charter of Fundamental Rights of the European Union and Article 4(3) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as meaning that, in the case of a minor child who is a citizen of the Union and whose birth certificate, issued by the authorities of a Member State, designates as that child’s parents two persons of the same sex, the Member State of which that child is a national (i) is obliged to issue to that child an identity card or a passport without requiring the prior transcription of a birth certificate of that child into the national register of civil status, and (ii) is obliged to recognise, as is any other Member State, the document from another Member State that permits that same child to exercise without impediment, with each of those two persons, his or her right to move and reside freely within the territory of the Member States.

(1) Date of filing: 4.1.2021.
Official Journal of the European Union

Order of the President of the Court of 9 September 2022 — European Commission v Republic of Bulgaria

(Case C-789/21) (1)

(2023/C 15/40)

Language of the case: Bulgarian

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

(1) OJ C 84, 21.2.2022.