ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 102/6

Order of the Court (Seventh Chamber) of 24 October 2013 — Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Focus Magazin Verlag GmbH

(Case C-593/12 P) (1)

((Appeal - Community trade mark - Word mark Color Focus - Application for a declaration of invalidity made by the proprietor of the Community word mark Focus - Declaration of invalidity - Surrender - Article 149 of the Rules of Procedure - Appeal which has become devoid of purpose - No need to adjudicate))

2014/C 102/07

Language of the case: English

Parties

Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent, R. Schweizer, Rechtsanwalt), Focus Magazin Verlag GmbH (represented by R. Schweizer, Rechtsanwalt)

Re:

Appeal brought against the judgment of 5 October 2012 in Case T-204/10 Lancôme v OHIM, by which the General Court (Eighth Chamber) dismissed an action brought by the proprietor of the word mark ‘COLOR FOCUS’ for goods in Class 3 against Decision R 238/2009-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2010, dismissing the appeal brought against the decision of the Cancellation Division upholding the action for a declaration of the invalidity of that mark, brought by the proprietor of the Community word mark ‘FOCUS’ for goods in Class 3 — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the marks — Genuine use of the earlier mark — Abuse of rights.

Operative part of the order

1. There is no need to adjudicate on the appeal.

2. Lancôme parfums et beauté & Cie shall pay the costs of the present proceedings.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 65/27

Order of the President of the Court of 8 December 2014 — European Commission v Council of the European Union

(Case C-453/12) (1)

(2015/C 065/37)

Language of the case: French

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

(1) OJ C 379, 8.12.2012.
EN Official Journal of the European Union C 184/22

Order of the President of the Court of 10 March 2014 (request for a preliminary ruling from the Amtsgericht Winsen (Luhe) — Germany) — Andrea Merten v ERGO Lebensversicherung AG

(Case C-590/12) (1)

2014/C 184/32

Language of the case: German

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

(1) OJ C 46, 16.2.2013.
EN Official Journal of the European Union C 225/59

Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from the Rechtbank Den Haag — Netherlands) — Hamidullah Rajaby v Staatssecretaris van Veiligheid en Justitie

(Case C-158/13) (1)

2013/C 225/132

Language of the case: Dutch

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

(1) OJ C 164, 8.6.2013.
EN Official Journal of the European Union C 102/11

Order of the Court of 14 November 2013 (request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches du Rhône — France) — Anouthani Mlamali v Caisse d’allocations familiales des Bouches-du-Rhône

(Case C-257/13) (1)

((Request for a preliminary ruling - Article 94 of the Rules of Procedure of the Court - 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 102/14

Language of the case: French

Referring court

Tribunal des affaires de sécurité sociale des Bouches du Rhône

Parties to the main proceedings

Applicant: Anouthani Mlamali

Defendant: Caisse d’allocations familiales des Bouches-du-Rhône

Re:

Request for a preliminary ruling — Tribunal des affaires de sécurité sociale des Bouches du Rhône — Interpretation of Article 11 of Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44) — Legally resident third-country national — Rejection of a claim for family allowances in respect of a dependent minor child who is himself a third-country national — Non-compliance with the statutory provisions concerning family reunification — Rejection based on the failure provide a medical certificate issued by the Agence nationale de l'accueil des étrangers et des migrations (National Agency for the reception of foreign nationals and migrants) — Equal treatment.

Operative part of the order

The request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches du Rhône (France), made by decision of 13 May 2013, is manifestly inadmissible.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 377/10

Order of the President of the Court of 2 October 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Ekkehard Aleweld v Condor Flugdienst GmbH

(Case C-262/13) (1)

2013/C 377/23

Language of the case: German

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

(1) OJ C 215, 27.7.2013.
2.

European Union law does not preclude, in principle, a rule of national law which provides that local action groups may not operate unless they do so under a specific legal form from applying, at the end of a transitional period of one year, to local action groups that have been validly created under a different form of legal organisation under earlier national legislation, even though the aid programmes and the programming period relating thereto are underway. That is so, however, only in so far as it is for the national court to verify that, in the light, in particular, of the specific characteristics of the abovementioned successive rules of national law and of the practical implications thereof, the application of the new legislation to such local action groups specifies the exercise of the margin of discretion granted to the Member States by Regulation No 1698/2005 whilst remaining within its bounds and that such application is in conformity with the provisions of the Charter of Fundamental Rights of the European Union as well as the general principles of European Union law.
EN Official Journal of the European Union C 102/9

Order of the Court (Eighth Chamber) of 12 December 2013 — Getty Images (US) Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-70/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 7(1)(b) and (c) - Absolute grounds for refusal - Lack of distinctiveness - Descriptive character - Word mark PHOTOS.COM - Partial refusal of registration - Equal treatment - Obligation for OHIM to take into account its prior decision-making practice - Appeal partly manifestly inadmissible and partly manifestly unfounded))

2014/C 102/11

Language of the case: English

Parties

Appellant: Getty Images (US) Inc. (represented by: P.G. Olson, advokat)

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

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 21 November 2012 in Case T-338/11 Getty Images v OHIM, by which the General Court dismissed an action for annulment of Decision R 1831/2010-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 April 2011, rejecting the appeal brought against the examiner’s decision to partially refuse registration of the word mark ‘PHOTOS.COM’, for goods in classes 9, 42 and 45 — Article 7(1)(b) and (c), and Article 7(3) of Regulation No 207/2009 — Lack of distinctive character.

Operative part of the order

1. The appeal is dismissed.

2. Getty Images (US) Inc. is ordered to pay the costs.

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 184/8

Order of the Court (First Chamber) of 3 April 2014 (request for a preliminary ruling from the Szombathelyi Törvényszék — Hungary) — Katalin Sebestyén v Zsolt Csaba Kővári, OTP Bank Nyrt., OTP Faktoring Követeléskezelő Zrt, Raiffeisen Bank Zrt

(Case C-342/13) (1)

((Consumer protection - Directive 93/13/EEC - Contract for a mortgage loan concluded with a bank - Clause providing for the exclusive competence of a single arbitration tribunal - Information on the arbitration procedure provided by the bank at the conclusion of the contract - Unfair terms - Criteria for assessment))

2014/C 184/11

Language of the case: Hungarian

Referring court

Szombathelyi Törvényszék

Parties to the main proceedings

Applicant: Katalin Sebestyén

Defendants: Zsolt Csaba Kővári, OTP Bank Nyrt., OTP Faktoring Követeléskezelő Zrt, Raiffeisen Bank Zrt

Re:

Request for a preliminary ruling — Szombathelyi Törvényszék — Interpretation of Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, p. 29) — Individual having concluded with a bank a contract for a mortgage loan with a clause providing for the exclusive jurisdiction of a body of arbitrators — National legislation providing no right of appeal against arbitration decisions — Explanations concerning the arbitration procedure supplied by the bank at the time the contract was concluded

Operative part of the order

Article 3(1) and (3) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and point 1(q) of the Annex to that directive, must be interpreted as meaning that it is for the national court concerned to determine whether a clause contained in a mortgage loan contract concluded between a bank and a consumer — vesting exclusive jurisdiction in a permanent arbitration tribunal, against whose decisions there is no judicial remedy under national law, to hear all disputes arising out of that contract — must, having regard to all of the circumstances surrounding the conclusion of that contract, be regarded as unfair under those provisions. In the context of its assessment, the national court must, in particular:

— verify whether the clause at issue has the object or effect of excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy; and

— take account of the fact that the communication to the consumer, before the conclusion of the contract at issue, of general information on the differences between the arbitration procedure and ordinary legal proceedings cannot alone rule out the unfairness of that clause. If the clause is held to be unfair, it is for that court to draw the appropriate conclusions under national law in order to ensure that the consumer is not bound by that clause.

(1) OJ C 336, 16. 11. 2013.
EN Official Journal of the European Union C 175/18

Order of the Court (Sixth Chamber) of 6 February 2014 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-301/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Word mark CLUB GOURMET and CLUB DEL GOURMET - Rejection of the opposition - Rules of Procedure of the Court of Justice - Article 181 - Appeal clearly inadmissible in part and clearly unfounded in part))

2014/C 175/21

Language of the case: Spanish

Parties

Appellant: El Corte Inglés, SA (represented by: J. L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

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

Re:

Appeal lodged against the judgment of the General Court (Fourth Chamber) of 20 March 2013 in Case T-571/11 El Corte Inglés v Chez Gerard (CLUB GOURMET), by which that court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 28 July 2011 (Case R 1946/2010-1) concerning opposition proceedings between El Corte Inglés, SA and Groupe Chez Gerard Restaurants Ltd

Operative part of the order

1. The appeal is dismissed.

2. El Corte Inglés SA shall pay the costs.

(1) OJ C 207, 20.07.2013.
EN Official Journal of the European Union C 261/21

Order of the President of the Court of 16 May 2014 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — Condor Flugdienst GmbH v Andreas Plakolm

(Case C-680/13) (1)

2014/C 261/41

Language of the case: German

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

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 202/16

Order of the President of the Court of 13 March 2014 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej, in the presence of: P4 Sp. z o.o., Krajowa Izba Gospodarcza Elektroniki i Telekomunikacji

(Case C-633/13) (1)

2014/C 202/19

Language of the case: Polish

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

(1) OJ C 71, 8. 3. 2014.
EN Official Journal of the European Union C 261/18

Order of the President of the Third Chamber of the Court of 7 May 2014 (request for a preliminary ruling from the Amtsgericht Wedding — Germany) — Rechtsanwaltskanzlei CMS Hasche Sigle, Partnerschaftsgesellschaft v Xceed Holding Ltd.

(Case C-121/13) (1)

2014/C 261/28

Language of the case: German

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

(1) OJ C 164, 8.6.2013.
EN Official Journal of the European Union C 261/18

Order of the President of the Court of 3 April 2014 — Henkel AG & Co. KGaA, Henkel France v European Commission

(Case C-284/13 P) (1)

2014/C 261/30

Language of the case: English

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

(1) OJ C 215, 27.7.2013.
EN Official Journal of the European Union C 315/46

Order of the President of the Court of 12 June 2014 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — UPC DTH Sàrl v Nemzeti Média- és Hírközlési Hatóság

(Case C-563/13) (1)

2014/C 315/79

Language of the case: Hungarian

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

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 315/29

Order of the Court (Ninth Chamber) of 17 July 2014 (request for a preliminary ruling from the Najvyšší súd — Slovakia) — Milica Široká v Úrad verejného zdravotníctva Slovenskej republiky

(Case C-459/13) (1)

((Reference for a preliminary ruling - Protection of public health - National legislation imposing an obligation to vaccinate minor children - Right of parents to refuse that vaccination - Article 168 TFEU - Charter of Fundamental Rights of the European Union - Articles 33 and 35 - Implementation of EU law - None - Clear lack of jurisdiction of the Court))

2014/C 315/46

Language of the case: Slovak

Referring court

Najvyšší súd

Parties to the main proceedings

Appellant: Milica Široká

Respondent: Úrad verejného zdravotníctva Slovenskej republiky

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Najvyšší súd Slovenskej republiky (Slovakia), by decision of 6 August 2013 in Case C-459/13.

(1) OJ C 344, 23.11.2013
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 22 October 2014 — Repsol YPF SA v Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM)

(Case C-466/13 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Relative ground for refusal - Likelihood of confusion - Figurative sign representing the letter ‘R’)

(2015/C 016/15)

Language of the case: Spanish

Parties

Appellant: Repsol YPF SA (represented by: J.-B. Devaureix and L. Montoya Terán, abogados)

Other party to the proceedings: Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) (J. Crespo Carrillo, Agent)

Operative part of the order

1. The appeal is dismissed.

2. Repsol YPF SA is ordered to pay the costs.

(1) OJ C 313, 26.10.2013.
EN Official Journal of the European Union C 409/25

Order of the Court (Third Chamber) of 17 July 2014 (request for a preliminary ruling from the Monomeles Protodikeio Athinon — Greece) — Honda Giken Kogyo Kabushiki Kaisha v Maria Patmanidi AE

(Case C-535/13) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Trade marks - Right of the proprietor of a trade mark to oppose the placing on the market within the European Economic Area (EEA) of goods bearing that mark without his consent))

2014/C 409/37

Language of the case: Greek

Referring court

Monomeles Protodikeio Athinon

Parties to the main proceedings

Applicant: Honda Giken Kogyo Kabushiki Kaisha

Defendant: Maria Patmanidi AE

Operative part of the order

Articles 5 and 7 of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by the Agreement on the European Economic Area of 2 May 1992, and Articles 9 and 13 of Regulation (EC) No 40/94 on the Community trade mark must be interpreted as meaning that the proprietor of a trade mark may oppose the initial placing on the market within the European Economic Area or the European Union of goods bearing that mark without his consent.

(1) OJ C 377, 21.12.2013.
EN Official Journal of the European Union C 213/11

Order of the Court (Ninth Chamber) of 22 April 2015 (request for a preliminary ruling from the Curtea de Apel Galați — Romania) — Casa Judeţeană de Pensii Brăila v E.S.

(Case C-646/13) (1)

((Reference fora preliminary ruling - Article 99 of the Rules of Procedure of the Court - Social security for migrant workers - Regulation (EC) No 883/2004 - Article 8(1) - Applicability of social security conventions between Member States - Repatriated refugee originating in a Member State - Completion of periods of employment within the territory of another Member State - Application for the grant of an old-age benefit - Application refused))

(2015/C 213/16)

Language of the case: Romanian

Referring court

Curtea de Apel Galați

Parties to the main proceedings

Appellant: Casa Judeţeană de Pensii Brăila

Respondent: E.S.

Operative part of the order

Article 8(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009, must be interpreted as meaning that a bilateral convention on social security benefits for nationals of one of the signatory States who had political-refugee status within the territory of the other signatory State, which was concluded at a date on which one of the two signatory States had not yet acceded to the European Union and which does not feature in Annex II to that regulation, does not remain applicable to the situation of political refugees repatriated to their State of origin prior to the conclusion of the bilateral convention and the entry into force of that regulation.

(1) OJ C 39, 8.2.2014.
EN Official Journal of the European Union C 127/2

Order of the Court (Eighth Chamber) of 12 February 2015 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lb Group Ltd v Ministero dell'Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS), Galassia Game Srl

(Case C-651/13) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure - Identical questions referred - Articles 49 TFEU and 56 TFEU - Freedom of establishment - Freedom to provide services - Games of chance - National legislation - Reorganisation of the licencing system through an alignment of licence expiry dates - New call for tenders - Licences with a shorter period than that of licences awarded in the past - Restriction - Overriding reasons of general interest - Proportionality))

(2015/C 127/02)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Lb Group Ltd

Defendants: Ministero dell'Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS), Galassia Game Srl

Operative part of the order

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

(1) OJ C 112, 14.4.2014.
Order of the Court of 22 October 2014 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg) — Mineralquelle Zurzach AG v Hauptzollamt Singen

(Case C-139/14) (1)

(Reference for a preliminary ruling - Common customs tariff - Tariff classification - Combined Nomenclature - Classification of goods - Tariff heading 2202 10 00 - Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured - Tariff heading 2202 9010 11 - Fruit juice or vegetable juice diluted with water or aerated)

(2015/C 016/18)

Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings

Applicant: Mineralquelle Zurzach AG

Defendant: Hauptzollamt Singen

Re:

The Combined Nomenclature contained 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 Regulation (EC) No 1719/2005 of 27 October 2005 must be interpreted as meaning that a drink, such as that at issue in the main proceedings, consisting of inter alia water, sugar, concentrated orange, lemon, grape, pineapple, mandarin, nectarine and passion fruit juices, apricot and guava pulp, acidifier, a vitamin mix, natural and artificial flavouring, and which have a fruit juice content of 12 % comes under tariff subheading 2202 10 00 of that nomenclature.

(1) OJ C 194, 24.6.2014.
EN Official Journal of the European Union C 315/33

Order of the Court (Sixth Chamber) of 3 July 2014 (request for a preliminary ruling from the Judecătoria Câmpulung — Romania) — Liliana Tudoran, Florin Iulian Tudoran, Ilie Tudoran v SC Suport Colect SRL

(Case C-92/14) (1)

(Reference for a preliminary ruling - Directives 93/13/EEC and 2008/48/EC - Temporal and material scope - Facts preceding the accession of Romania to the European Union - Charter of Fundamental Rights of the European Union - Implementation of EU law - Failure to implement Union law - Manifest lack of jurisdiction - Articles 49 TFEU and 56 TFEU - Manifest inadmissibility)

2014/C 315/53

Language of the case: Romanian

Referring court

Judecătoria Câmpulung

Parties to the main proceedings

Applicants: Liliana Tudoran, Florin Iulian Tudoran, Ilie Tudoran

Defendant: SC Suport Colect SRL

Operative part of the order

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and 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 are not applicable to the dispute in the main proceedings.

In addition, firstly, the Court of Justice of the European Union manifestly lacks jurisdiction to answer the third question referred for a preliminary ruling by the Judecătoria Câmpulung (Romania) by decision of 25 February 2014; secondly, the fifth question referred for a preliminary ruling by that court is manifestly inadmissible.

(1) OJ C 142, 12.5.2014.