ddrg/super_eurlex huggingface dataset:
Order of the Court (Fifth Chamber) of 14 November 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Sandy Siewert and Others v Condor Flugdienst GmbH

(Case C-394/14) (1)

(Reference for a preliminary ruling - Rules of Procedure - Article 99 - Air transport - Regulation (EC) No 261/2004 - Long delay to a flight - Passengers’ right to compensation - Conditions exempting an air carrier from its obligation to pay compensation - Notion of ‘extraordinary circumstances’ - Aircraft damaged by a set of mobile boarding stairs in the course of a preceding flight)

(2015/C 016/23)

Language of the case: German

Referring court

Amtsgericht Rüsselsheim

Parties to the main proceedings

Applicants: Sandy Siewert, Emma Siewert, Nele Siewert

Defendant: Condor Flugdienst GmbH

Operative part of the order

Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a situation where, as in in the case before the referring court, an airport’s set of mobile boarding stairs collides with an aircraft cannot be categorised as ‘extraordinary circumstances’ exempting the air carrier from its obligation to pay the passengers compensation in the event of a long delay to a flight operated by that aircraft.

(1) OJ C 372, 20.10.2014.
EN Official Journal of the European Union C 315/32

Order of the Court (Sixth Chamber) of 3 July 2014 (request for a preliminary ruling from the Sozialgericht Duisburg — Germany) — Ana-Maria Talasca, Angelina Marita Talasca v Stadt Kevelaer

(Case C-19/14) (1)

((Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice of the European Union - Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling - Manifest inadmissibility))

2014/C 315/51

Language of the case: German

Referring court

Sozialgericht Duisburg

Parties to the main proceedings

Applicants: Ana-Maria Talasca, Angelina Marita Talasca

Defendant: Stadt Kevelaer

Operative part of the order

The request for a preliminary ruling from the Sozialgericht Duisburg (Germany), made by decision of 17 December 2013, is manifestly inadmissible.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 56/3

Order of the Court (Ninth Chamber) of 4 December 2014 (request for a preliminary ruling from the Cour administrative d’appel de Nantes — France) — Adiamix v Direction départementale des finances publiques de l’Orne

(Case C-202/14) (1)

((Reference for a preliminary ruling - State aid - Regulation (EC) No 659/1999 - Article 1(b)(v) - Tax exemption scheme for undertakings taking over a firm in difficulty - Commission decision declaring an aid scheme incompatible with the internal market - Recovery of individual aid granted under an aid scheme - Assessment of the validity of the Commission decision - Concepts of ‘existing aid’ and ‘new aid’))

(2015/C 056/04)

Language of the case: French

Referring court

Cour administrative d’appel de Nantes

Parties to the main proceedings

Applicant: Adiamix

Defendant: Direction départementale des finances publiques de l’Orne

Operative part of the order

Consideration of the question referred has not shown any factor such as to affect the validity of Commission Decision 2004/343/EC of 16 December 2003 on the aid scheme implemented by France for the takeover of firms in difficulty.

(1) OJ C 202, 30.6.2014.
Order of the Court (Ninth Chamber) of 5 November 2014 (request for a preliminary ruling from the Budapest Környéki Közigazgatási és Munkaügyi Bíróság — Hungary) — Hunland-Trade Mezőgazdasági Termelő és Kereskedelmi Kft. v Földművelésügyi Miniszter

(Case C-356/14) (1)

(Reference for a preliminary ruling - Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice - Insufficiently detailed information as regards the factual and legislative context of the dispute in the main proceedings - Manifest inadmissibility)

(2015/C 016/21)

Language of the case: Hungarian

Referring court

Budapest Környéki Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: Hunland-Trade Mezőgazdasági Termelő és Kereskedelmi Kft.

Defendant: Földművelésügyi Miniszter

Operative part of the order

The request for a preliminary ruling from the Budapest környéki közigazgatási és munkaügyi bíróság (Hungary), made by decision of 16 June 2014, in Case C-356/14, is manifestly inadmissible.

(1) OJ C 329, 22.9.2014.
EN Official Journal of the European Union C 213/21

Order of the President of the Court of 14 April 2015 — European Commission v Ireland, intervenors: Kingdom of the Netherlands, United Kingdom of Great Britain and Northern Ireland

(Case C-217/14) (1)

(2015/C 213/36)

Language of the case: English

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

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 146/32

Order of the President of the Court of 20 January 2015 — European Commission v Ireland, intervener: United Kingdom of Great Britain and Northern Ireland

(Case C-236/14) (1)

(2015/C 146/42)

Language of the case: English

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

(1) OJ C 212, 7.7.2014.
EN Official Journal of the European Union C 320/12

Order of the Court (First Chamber) of 16 July 2015 (request for a preliminary ruling from the Audiencia Provincial de Castellón — Spain) — Juan Carlos Sánchez Morcillo, María del Carmen Abril García v Banco Bilbao Vizcaya Argentaria SA

(Case C-539/14) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 93/13/EEC - Article 7 - Charter of Fundamental Rights of the European Union - Articles 7 and 47 - Consumer contracts - Mortgage loan contract - Unfair terms - Mortgage enforcement proceedings - Right of appeal))

(2015/C 320/17)

Language of the case: Spanish

Referring court

Audiencia Provincial de Castellón

Parties to the main proceedings

Applicants: Juan Carlos Sánchez Morcillo, María del Carmen Abril García

Defendant: Banco Bilbao Vizcaya Argentaria SA

Operative part of the order

Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in conjunction with Articles 47, 34(3) and 7 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a national provision of the kind at issue in the main proceedings, by which the consumer, as a mortgage debtor against whom enforcement proceedings are brought, may bring an appeal against the decision rejecting his objection to the enforcement only when the court of first instance has not upheld an objection based on the unfairness of the contractual term upon which the enforcement is based even though the sellers or suppliers may, by contrast, appeal against any decision terminating proceedings regardless of the ground of objection on which that decision is based.

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 213/20

Order of the President of the Court of 27 February 2015 — European Commission v Hellenic Republic

(Case C-77/14) (1)

(2015/C 213/33)

Language of the case: Greek

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

(1) OJ C 102, 7.4.2014.
EN Official Journal of the European Union C 320/8

Order of the Court (Seventh Chamber) of 11 June 2015 — Faci SpA v European Commission

(Case C-291/14 P) (1)

((Appeals - Rules of Procedure of the Court of Justice - Article 181 - Competition - Agreements, decisions and concerted practices - European tin stabilisers and epoxidised soya bean oil and esters markets - Fines - Gravity of the infringement - Principle of effective judicial protection - Appeal manifestly inadmissible or manifestly unfounded))

(2015/C 320/10)

Language of the case: English

Parties

Appellant: Faci SpA (represented by: S. Piccardo, avvocato, and S. Crosby, Solicitor)

Other party to the proceedings: European Commission (represented by: F. Castilla Contreras, J. Norris-Usher and F. Ronkes Agerbeek, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Faci SpA shall pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 320/10

Order of the Court (Seventh Chamber) of 11 June 2015 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — PST CLC a.s. v Generální ředitelství cel

(Case C-405/14) (1)

((Reference for a preliminary ruling - Tariff classification - Validity of point 2 of the table in the annex to Regulation (EC) No 384/2004 in respect of the period from 22 March 2004 to 22 December 2009 - Applicability of that provision to customs declarations made in 2008 - Classification of products intended for use in computers, consisting of a heat sink and a fan))

(2015/C 320/14)

Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings

Applicant: PST CLC a.s.

Defendant: Generální ředitelství cel

Operative part of the order

1. Point 2 of the table in the annex to Commission Regulation (EC) No 384/2004 of 1 March 2004 concerning the classification of certain goods in the Combined Nomenclature was invalid during the time in which it was in force, namely from 22 March 2004 to 22 December 2009.

2. In so far the products at issue in the main proceedings consist of a heat sink and a fan and are intended exclusively for use in computers, which is a matter to be ascertained by the national court, they must be classified for tariff purposes on the basis of the general rules for the interpretation of the Combined Nomenclature provided for in 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 Regulation (EC) No 1214/2007 of 20 September 2007.

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 136/2

Order of the Court (Fourth Chamber) of 21 January 2016 — Alcoa Trasformazioni Srl v European Commission, Italian Republic

(Case C-604/14 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court - State aid - Aid granted by the Italian Republic in favour of Alcoa Trasformazioni Srl - Reimbursement by the Equalisation Fund of part of the electricity costs invoiced to that company by its supplier - Incompatibility with the common market - Advantage - European Commission required to undertake an economic analysis))

(2016/C 136/02)

Language of the case: Italian

Parties

Appellant: Alcoa Trasformazioni Srl (represented by: O.W. Brouwer, advocaat, T. Salonico and M. Siragusa, avvocati)

Other parties to the proceedings: European Commission (represented by: V. Di Bucci and É. Gippini Fournier, acting as Agents), Italian Republic

Operative part of the order

1. The appeal is dismissed.

2. Alcoa Trasformazioni Srl shall pay the costs.

(1) OJ C 89, 16.3.2015.
EN Official Journal of the European Union C 38/13

Order of the Court (Seventh Chamber) of 30 September 2015 (request for a preliminary ruling from the Szekszárdi Közigazgatási és Munkaügyi Bíróság — Hungary) — Jácint Gábor Balogh v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága

(Case C-424/14) (1)

((Reference for a preliminary ruling - VAT - Directive 2006/112/EC - Articles 213 and 214 - Commencement of an activity not stated - Exemption scheme for small businesses - Penalty))

(2016/C 038/17)

Language of the case: Hungarian

Referring court

Szekszárdi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: Jácint Gábor Balogh

Defendant: Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága

Operative part of the order

1. Article 213(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding national legislation requiring a taxable person to state when an economic activity commences where the proceeds of that activity do not exceed the threshold of the exemption scheme for small enterprises and the taxable person does not intend to carry out a taxable activity.

2. EU law must be interpreted as not precluding an administrative fine from penalising the failure by a taxable person to comply with his obligation to state when an economic activity commences where the proceeds of that activity do not exceed the threshold of the exemption scheme for small thresholds. It is for the referring court to assess whether, in the case in the main proceedings, the penalty imposed is in conformity with the principle of proportionality.

(1) OJ C 439, 8.12.2014.
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 13 September 2016 — Arctic Paper Mochenwangen GmbH v European Commission

(Case C-551/14 P) (1)

((Appeal - Environment - Directive 2003/87/EC - Article 10a - Scheme for greenhouse gas emission allowance trading - Transitional rules for harmonised free allocation of emission allowances from 2013 - Decision 2011/278/EU - National implementation measures submitted by the Federal Republic of Germany - Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances - Provision relating to cases of ‘undue hardship’ - Implementing powers of the Commission))

(2016/C 454/13)

Language of the case: German

Parties

Appellant: Arctic Paper Mochenwangen GmbH (represented by: S. Kobes and B. Burkert, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Arctic Paper Mochenwangen GmbH is ordered to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 270/8

Order of the Court (Seventh Chamber) of 7 April 2016 — (request for a preliminary ruling from the Tribunale di Bergamo — Italy) — Criminal proceedings against Chiara Baldo

(Case C-467/14) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Identical questions referred for a preliminary ruling - Articles 49 and 56 TFEU - Freedom of establishment - Freedom to provide services - Betting and gaming - National legislation - Reorganisation of the licensing system through the alignment of licence expiry dates - New call for tenders - Licences for a shorter term than that of the former licences - Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets - Restriction - Overriding reasons in the public interest - Proportionality))

(2016/C 270/10)

Language of the case: Italian

Referring court

Tribunale di Bergamo

Criminal proceedings against

Chiara Baldo

Operative part of the order

1. Articles 49 TFEU and 56 TFEU and the principles of equal treatment and effectiveness must be interpreted as not precluding national legislation on betting and gaming, such as that at issue in the main proceedings, which provides for the organisation of a new call for tenders for the award of licences with a shorter period of validity than that of the licences awarded in the past on account of the reorganisation of the system through the alignment of licence expiry dates.

2. Articles 49 TFEU and 56 TFEU must be interpreted as precluding a restrictive national provision, such as that at issue in the main proceedings, which requires a licensee of a betting and gambling service to transfer, free of charge, on the cessation of business as a result of the expiry of the final term of the licence, the rights to use tangible and intangible assets which he owns and which constitute his network for the management and collection of bets, in so far as that restriction goes beyond what is necessary to attain the objective actually pursued by that provision, which is for the referring court to verify.

(1) OJ C 448, 15.12.2014.
EN Official Journal of the European Union C 398/24

Order of the President of the Court of 27 August 2015 — European Commission v Kingdom of Spain

(Case C-172/15) (1)

(2015/C 398/34)

Language of the case: Spanish

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

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 320/26

Order of the President of the Court of 6 May 2015 (request for a preliminary ruling from the Commissione Tributaria Provinciale di Cagliari — Italy) — Cav. Gicacomo Bolasco di Gianni Bolasco Sas v Comune di Monastir, Equitalia Centro SpA

(Case C-37/15) (1)

(2015/C 320/41)

Language of the case: Italian

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

(1) OJ C 138, 27.4.2015.
EN Official Journal of the European Union C 78/3

Order of the Court (Seventh Chamber) of 10 December 2015 — Naftiran Intertrade Co. (NICO) Sàrl v Council of the European Union

(Case C-153/15 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Restrictive measures taken against Iran - List of persons and entities subject to the freezing of funds and economic resources - Inclusion of the appellant’s name - Admissibility - Period allowed for commencing proceedings - Point from which time starts to run - Manifest inadmissibility))

(2016/C 078/04)

Language of the case: English

Parties

Appellant: Naftiran Intertrade Co. (NICO) Sàrl (represented by: J. Grayston, Solicitor, P. Gjørtler, advokat, G. Pandey and D. Rovetta, avocats, and M. Gambardella, avvocato)

Other party to the proceedings: Council of the European Union (represented by: M. Bishop and I. Rodios, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Naftiran Intertrade Co. (NICO) Sàrl shall bear its own costs and shall pay those incurred by the Council of the European Union.

(1) OJ C 190, 8.6.2015.
EN Official Journal of the European Union C 38/17

Order of the Court of 19 November 2015 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Dumitru Tarcău, Ileana Tarcău v Banca Comercială Intesa Sanpaolo România SA and Others

(Case C-74/15) (1)

((Request for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Consumer protection - Directive 93/13/EEC - Article 1(1) and Article 2(b) - Unfair terms in consumer contracts - Guarantee contracts and contracts providing immovable property as security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and having no connection of a functional nature with the commercial company for which they act as guarantor))

(2016/C 038/25)

Language of the case: Romanian

Referring court

Curtea de Apel Oradea

Parties to the main proceedings

Applicants: Dumitru Tarcău, Ileana Tarcău

Defendants: Banca Comercială Intesa Sanpaolo România SA Arad, Banca Comercială Intesa Sanpaolo România SA — Sucursala Baia Mare, Cristian Tarcău, Corina Tarcău, SC Magenta, in liquidation, SC Crisco SRL

Operative part of the order

Article 1(1) and Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that that directive may apply to a contract providing immovable property as security or to a guarantee contract concluded between a natural person and a credit institution in order to guarantee the obligations which a commercial company has entered into with that institution in the context of a credit agreement, where that natural person has acted for purposes outside their trade, business or profession and has no connection in terms of function with that company.

(1) OJ C 171, 26.5.2015.
EN Official Journal of the European Union C 200/3

Order of the Court (Ninth Chamber) of 10 March 2016 — SolarWorld AG v Solsonica SpA, European Commission

(Case C-312/15 P) (1)

((Appeals - Article 181 of the Rules of Procedure of the Court - Appeal manifestly unfounded - Regulation (EU) No 513/2013 - Dumping - Imports of crystalline silicon photovoltaic modules and key components (cells and wafers) originating in or consigned from China - Provisional anti-dumping duty - Definitive anti-dumping duty - No need to adjudicate - Loss of interest in bringing proceedings))

(2016/C 200/03)

Language of the case: English

Parties

Appellant: SolarWorld AG (represented by: L. Ruessmann, avocat, and J. Beck, Solicitor)

Other parties to the proceedings: Solsonica SpA, European Commission (represented by: J-F. Brakeland, T. Maxian Rusche and A. Stobiecka-Kuik, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. SolarWorld AG shall pay the costs.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 136/23

Order of the President of the Court of 15 January 2016 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — Proceedings brought by Valsts ieņēmumu dienests; other party: SIA Latspas

(Case C-204/15) (1)

(2016/C 136/29)

Language of the case: Latvian

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

(1) OJ C 228, 13.7.2015.
EN Official Journal of the European Union C 279/5

Order of the Court (Seventh Chamber) of 21 April 2016 — Alexandre Borde, Carbonium SAS v European Commission

(Case C-279/15 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court - Intra-ACP programme (African, Caribbean and Pacific States) of the Global Climate Change Alliance (GCCA) - European Commission’s request to terminate the mission of an expert chosen by the other contracting party - Action for annulment - Right to an effective judicial remedy))

(2016/C 279/07)

Language of the case: English

Parties

Appellants: Alexandre Borde, Carbonium SAS (represented by: A.B.H. Herzberg, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: S. Bartelt and F. Moro, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Mr Borde and Carbonium SAS shall pay the costs jointly and severally.

(1) OJ C 294, 7.9.2015.