ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 285/13

Order of the Court (Seventh Chamber) of 19 June 2008 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (Austria)) — Marc André Kurt v Bürgermeister der Stadt Wels

(Case C-104/08) (1)

(Articles 92(1) and 104(3) of the Rules of Procedure - Fundamental freedoms - Charter of Fundamental Rights of the European Union - Condition of diploma provided for by the national legislation for the issue of a permit to operate a driving school - Discrimination against own nationals as compared to nationals of other Member States)

(2008/C 285/22)

Language of the case: German

Referring court

Unabhängiger Verwaltungssenat des Landes Oberösterreich

Parties

Applicant: Marc André Kurt

Defendant: Bürgermeister der Stadt Wels

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat des Landes Oberösterreich — Interpretation of the fundamental principles of the EC and EU Treaties and the fundamental freedoms thereunder, as well as Articles 16 and 20 of the Charter of Fundamental Rights of the European Union — National legislation establishing a permit system for establishing, operating and managing a driving school and providing for a diploma requirement — Discrimination against own nationals as compared to nationals of other Member States who avail themselves of their rights under Community law and who do not necessarily have to satisfy the diploma requirement

Operative part of the order

1. Articles 23 EC, 43 EC and 49 EC do not preclude legislation of a Member State which, in a situation such as that at issue in the main proceedings, refuses to recognise professional qualifications acquired by a national of that Member State as equivalent to the possession of the diploma required by that legislation for the purposes of operating a driving school as an independent operator in that Member State.

2. The Court of Justice of the European Communities clearly has no jurisdiction to answer the second and third questions referred by the Unabhängiger Verwaltungssenat des Landes Oberösterreich.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 69/14

Order of the Court (Seventh Chamber) of 13 November 2008 — Miguel Cabrera Sánchez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Industrias Cárnicas Valle SA

(Case C-81/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Mixed word and figurative mark - Opposition by the proprietor of an earlier mark)

(2009/C 69/24)

Language of the case: Spanish

Parties

Appellant: Miguel Cabrera Sánchez (represented by: J. Calderón Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent) and Industrias Cárnicas Valle SA

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 13 December 2007 in Case T-242/06 Cabrera Sánchez v OHIM and Industrias Cárnicas Valle, by which the Court dismissed the action against the decision of the First Board of Appeal of OHIM of 15 June 2006 (Case R 790/2005-01), relating to opposition proceedings between Miguel Cabrera Sánchez and Industrias Cárnicas Valle SA.

Operative part of the order

1. The appeal is dismissed.

2. Mr Cabrera Sánchez shall pay the costs.

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 69/32

Order of the President of the Sixth Chamber of the Court of 18 December 2008 — Commission of the European Communities v Republic of Poland

(Case C-142/08) (1)

(2009/C 69/69)

Language of the case: Polish

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

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 113/28

Order of the President of the Court of 19 February 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-92/08) (1)

2009/C 113/53

Language of the case: French

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

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 69/33

Order of the President of the Court of 5 November 2008 — Commission of the European Communities v Portuguese Republic

(Case C-191/08) (1)

(2009/C 69/74)

Language of the case: Portuguese

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

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 141/36

Order of the President of the Court of 24 March 2009 (reference for a preliminary ruling from the Tribunal de première instance de Namur (Belgium)) — Atenor Group SA v Belgian State

(Case C-514/08) (1)

2009/C 141/72

Language of the case: French

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

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 141/35

Order of the President of the Court of 10 March 2009 — Commission of the European Communities v Kingdom of Spain

(Case C-463/08) (1)

2009/C 141/71

Language of the case: Spanish

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

(1) OJ C 327, 20.10.2008.
EN Official Journal of the European Union C 220/31

Order of the President of the Court of 17 June 2009 — Commission of the European Communities v Portuguese Republic

(Case C-459/08) (1)

2009/C 220/60

Language of the case: Portuguese

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

(1) OJ C 313, 12.2.2008.
EN Official Journal of the European Union C 205/30

Order of the President of the Court of 3 June 2009 — People's Mojahedin Organisation of Iran v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities, Kingdom of the Netherlands

(Case C-576/08) (1)

2009/C 205/53

Language of the case: English

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

(1) OJ C 55, 7.3.2008.
EN Official Journal of the European Union C 11/11

Order of the Court of 1 October 2009 — Agrar-Invest-Tatschl GmbH v Commission of the European Communities

(Case C-552/08P P) (1)

(Appeal - Customs Code - Article 220(2)(b) - Post-clearance recovery of import duties - Waiver of subsequent entry in the accounts of import duties - Notice to importers - Good faith)

2010/C 11/19

Language of the case: German

Parties

Appellant: Agrar-Invest-Tatschl GmbH (represented by: O. Wenzlaff, Rechtsanwält)

Other party to the proceedings: Commission of the European Communities (represented by: S. Schønberg, agent and B. Wägenbaur, Rechtsanwält)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 8 October 2008 in Case T-51/07 Agrar-Invest-Tatschl v Commission, by which the Court dismissed the action for partial annulment of Commission Decision C (2006) 5789 final of 4 December 2006 finding that post-clearance recovery of a part of the import duty not demanded from the applicant in respect of the import of sugar from Croatia should be effected — Good faith of the person liable to duty precluded if the Commission has published a notice to importers — Incorrect assessment of the effect which the subsequent confirmation of the authenticity and accuracy of the certificates of origin by the customs authorities of the State of export has on the criterion of good faith

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders Agrar-Invest-Tatschl GmbH to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 282/32

Order of the President of the Court of 1 July 2009 — Commission of the European Communities v Ireland

(Case C-521/08) (1)

2009/C 282/58

Language of the case: English

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

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 63/19

Order of the Court (Third Chamber) of 12 January 2010 (Reference for a preliminary ruling from the Amtsgericht Charlottenburg — Germany) — Amiraike Berlin GmbH

(Case C-497/08) (1)

(Non-contentious proceedings - Appointment of the liquidator of a company - Lack of jurisdiction of the Court)

2010/C 63/29

Language of the case: German

Referring court

Amtsgericht Charlottenburg

Parties to the main proceedings

Applicant: Amiraike Berlin GmbH

Re:

Reference for a preliminary ruling — Amtsgericht Charlottenburg — Interpretation of Arts 10, 43 and 48 of the EC Treaty — Recognition by a Member State of an expropriatory measure concerning assets situated in its territory, ordered by the legal system of another Member State — Removal of a limited liability company under United Kingdom law from the register at Companies House for failure to fulfil publicity obligations, resulting in the forfeiture of its assets, including real estate situated in Germany, to the United Kingdom crown.

Operative part

The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by the Amtsgericht Charlottenburg in its decision of 7 November 2008.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 51/14

Order of the Court (Eighth Chamber) of 2 December 2009 — Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH v Office for Harmonisation in the Internal Market (Trade marks and Designs), Manpower Inc.

(Case C-553/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 7(1)(c) and 51(1) and (2) - Invalidity proceedings - Cross Appeal - Community word mark MANPOWER - Absolute grounds for refusal - Descriptive character - Distinctive character acquired through use)

2010/C 51/22

Language of the case: German

Parties

Appellant: Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH (represented by: B. Kuchar, Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade marks and Designs) (represented by: G. Schneider, Agent), and Manpower Inc. (represented by: A. Bryson, Barrister and V. Marsland, Solicitor)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 15 October 2008 in Case T-405/05 Powerserv Personalservice v OHIM and Manpower by which the Court of First Instance dismissed the action for annulment brought by the appellant against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 22 July 2005 dismissing the appeal against the decision of the Cancellation Division refusing the application for a declaration of invalidity in respect of Community word mark ‘MANPOWER’ for goods in Classes 9, 16, 35, 41 and 42 — Incorrect assessment of the distinctive character of the mark — Failure to reassess the evidence relating to the acquisition of distinctive character through use, after extending the relevant public by comparison with the contested decision of the Board of Appeal

Operative part of the order

1. The main appeal brought by Powerserv Personalservice GmbH is dismissed.

2. The cross appeal brought by Manpower Inc. is dismissed.

3. Powerserv Personalservice GmbH is ordered to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 346/37

Order of the President of the Court of 8 October 2010 (reference for a preliminary ruling from the Landesgericht Ried im Innkreis (Austria)) — Criminal proceedings against Roland Langer

(Case C-235/08) (1)

()

2010/C 346/64

Language of the case: German

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

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 134/9

Order of the Court of 25 February 2010 (reference for a preliminary ruling from the Tribunal Judicial da Comarca do Porto (Portugal)) — Santa Casa da Misericórdia de Lisboa v Liga Portuguesa de Futebol Profissional, Bwin International Ltd, formerly Baw International Ltd, Betandwin.Com Interactive Entertainment

(Case C-55/08) (1)

(Reference for a preliminary ruling - Inadmissibility)

2010/C 134/14

Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca do Porto (Portugal)

Parties to the main proceedings

Applicant: Santa Casa da Misericórdia de Lisboa

Defendant: Liga Portuguesa de Futebol Profissional, Bwin International Ltd, formerly Baw International Ltd, Betandwin.Com Interactive Entertainment

Re:

Reference for a preliminary ruling — Tribunal Judicial da Comarca do Porto — Interpretation of Articles 43, 49 and 56 EC — National legislation reserving to a particular body the exclusive right to operate games of chance and pool betting and penalising the activity of organising, promoting and collecting (including by Internet) of bets on sporting events — Prohibition on an undertaking based in another Member State operating on line gambling and pool betting from promoting organising and operating such gambling and pool betting by Internet and making the value of the prizes available to winners

Operative part of the order

The reference for a preliminary ruling made by the Tribunal Judicial da Comarca do Porto (Portugal), by decision of 19 December 2007, is manifestly inadmissible.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 267/52

Order of the President of the Seventh Chamber of the Court of 4 June 2009 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge (Belgium)) — Carlos Cloet, Jacqueline Cloet v Westvlaamse Intercommunale voor Economische Expansie, Huisvestingsbeleid en Technische Bijstand CVBA (WVI)

(Case C-129/08) (1)

2009/C 267/88

Language of the case: Dutch

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

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 51/17

Order of the Court (Sixth Chamber) of 27 November 2009 (reference for a preliminary ruling from the Conseil de prud’hommes de Caen — France) — Sophie Noël v SCP Brouard Daude, liquidator in the judicial liquidation of Pronuptia Boutiques Province SA, Centre de Gestion et d'Étude AGS IDF EST

(Case C-333/09) (1)

(Preliminary reference - European Convention for the Protection of Human Rights and Fundamental Freedoms - International Covenant on Civil and Political Rights - Principle of equal treatment - Redundancy for economic reasons - No link with Community law - Lack of jurisdiction of the Court of Justice)

2010/C 51/27

Language of the case: French

Referring court

Conseil de prud’hommes of Caen — France

Parties to the main proceedings

Applicant: Sophie Noël

Defendant: SCP Brouard Daude, liquidator in the judicial liquidation of Pronuptia Boutiques Province SA, Centre de Gestion et d'Étude AGS IDF EST

Re:

Reference for a preliminary ruling — Conseil de Prud’hommes (Labour Tribunal) of Caen (France) — Interpretation of Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms — Interpretation of Article 26 of the International Covenant on Civil and Political Rights — Redundancy for economic reasons — Redundancy for personnel reasons — National provisions presumed contrary the abovementioned standards — Breach of the principle of equal treatment

Operative part

The Court of Justice of the European Communities clearly has no jurisdiction to answer the questions put by the Conseil de Prud’hommes of Caen by decision of 11 June 2009.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 51/29

Order of the President of the Court of 12 November 2009 — Commission of the European Communities v Republic of Malta

(Case C-220/09) (1)

2010/C 51/55

Language of the case: Maltese

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

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 134/13

Order of the Court of 22 January 2010 — Hellenic Republic v European Commission

(Case C-43/09 P) (1)

(Appeal - Commission Decision reducing the financial assistance initially granted by the Cohesion Fund for the project for the project for the new Athens International Airport at Spata - Action for annulment - Principles of non-retroactivity, legal certainty and proportionality - Appeal manifestly inadmissible in part and manifestly unfounded in part)

2010/C 134/19

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: C. Meïdanis and M. Tassopoulou, acting as Agents)

Other party to the proceedings: European Commission (represented by: D. Triantafyllou and B. Conte, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) in Case T-404/05 Greece v Commission, by which the Court dismissed an action seeking annulment of Commission Decision C(2005) 3243 of 1 September 2005 reducing the financial assistance initially granted by the Cohesion Fund for Project No 95/09/65/040, concerning the new Athens International airport at Spata

Operative part of the order

1. The appeal is dismissed.

2. The Hellenic Republic is ordered to pay the costs.

(1) OJ C 69, of 21.03. 2009.
EN Official Journal of the European Union C 63/44

Order of the President of the Court of 11 January 2010 — European Commission v Kingdom of Belgium

(Case C-139/09) (1)

2010/C 63/75

Language of the case: French

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

(1) OJ C 141, 20.6.2009.
Order of the Court of 16 June 2010 (reference for a preliminary ruling from the Fővárosi Bíróság Gazdasági Kollégiuma (Republic of Hungary)) — RANI Slovakia s.r.o. v Hankook Tire Magyarország Kft

(Case C-298/09) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Accession to the European Union - Freedom to provide services - Directive 96/71/EC - Posting of workers in the framework of the provision of services - Temporary employment undertaking - Requirement to have a head office in the territory of the Member State in which the services are supplied)

(2010/C 288/22)

Language of the case: Hungarian

Referring court

Fővárosi Bíróság Gazdasági Kollégiuma (Republic of Hungary)

Parties to the main proceedings

Applicant: RANI Slovakia s.r.o.

Defendant: Hankook Tire Magyarország Kft

Re:

Reference for a preliminary ruling Fővárosi Bíróság — Interpretation of Article 3(c) EC, of Articles 49, 52 and 54 EC, and of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1) — National legislation restricting the undertaking of the activity of temporary employment undertakings to those undertakings established in national territory

Operative part of the order

1. Articles 49 EC to 54 EC cannot be interpreted as meaning that a Member State’s legislation concerning the activity of temporary employment undertakings, in force at the time of accession of that State to the European Union, remains valid so long as the Council of the European Union has not adopted a programme or directives for the purpose of implementing those provisions, with a view to laying down the conditions for liberalisation of the category of supply of services in question.

2. Neither the 19th recital in the preamble to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, nor Article 1(4) thereof can be interpreted as meaning that a Member State may reserve the exercise of the activity of temporary employment undertaking to only those undertakings having their head office in the territory of that Member State or treat them more favourably with regard to authorisation of the activity in question than undertakings established in another Member State.

3. Articles 49 EC to 54 EC must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which reserves the exercise of the activity of temporary employment undertaking to undertakings which have their head office in the territory of that Member State.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 234/17

Order of the Court of 22 March 2010 — Société des plantations de Mbanga SA (SPM) v Council of the European Union, European Commission

(Case C-39/09 P) (1)

(Appeal - Article 119 of the Rules of Procedure of the Court of Justice - Non-contractual liability of the Community - Common organisation of the banana market - Arrangements for importing bananas originating in ACP countries into the Community - Loss allegedly suffered by an independent producer - Failure to comply with the rules on competition in the field of the common agricultural policy - Infringement of general principles of law and, in particular, of the principle of sound administration - Appeal manifestly inadmissible or manifestly unfounded)

2010/C 234/25

Language of the case: French

Parties

Appellant: Société des plantations de Mbanga SA (SPM) (represented by: A. Farache, avocat)

Other parties to the proceedings: Council of the European Union (represented by: A. De Gregorio Merino, E. Sitbon, Agents), European Commission (represented by: F. Clotuche-Duvieusart, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 in Case T-128/05 SPM v Council and Commission, by which the Court dismissed the appellant’s action seeking damages for the loss which it suffered as a result of the allegedly illegal rules adopted by the Council and the Commission on the import of bananas into the Community — Non-contractual liability of the Community — Bananas originating in ACP countries — Loss allegedly suffered by an independent producer — Failure to comply with the rules on competition in the field of the common agricultural policy — Infringement of general principles of law and, in particular, of the principle of sound administration

Operative part of the order

1. The appeal is dismissed.

2. Société des plantations de Mbanga SA (SPM) shall pay the costs.

(1) OJ C 90, 18.4.2009
EN Official Journal of the European Union C 63/24

Order of the President of the Court of 30 November 2010 (reference for a preliminary ruling from the Juzgado Mercantil (Spain)) — Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) v Magnatrading SL

(Case C-387/09) (1)

2011/C 63/46

Language of the case: Spanish

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

(1) OJ C 312, 19.12.2009.