ddrg/super_eurlex huggingface dataset:
Order of the Court (Sixth Chamber) of 17 December 2019 (request for a preliminary ruling from the Amtsgericht Straubing — Germany) — B & L Elektrogeräte GmbH v GC

(Case C-465/19) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 2(8)(c) and (9) - Off-premises contract - Concept of ‘business premises’ - Contract entered into at a stand at a trade fair immediately after the consumer, who was in a common area of the fair, had been solicited by the trader)

(2020/C 68/28)

Language of the case: German

Referring court

Amtsgericht Straubing

Parties to the main proceedings

Applicant: B & L Elektrogeräte GmbH

Defendant: GC

Operative part of the order

Article 2(8) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, in conjunction with Article 2(9) thereof, must be interpreted as meaning that a contract concluded between a trader and a consumer at a stand run by the trader at a trade fair, immediately after the consumer, who was in the aisle common to the various stands present in an exhibition hall of the fair, had been solicited by that trader, is an ‘off-premises contract’ within the meaning of that provision

(1) OJ C 348, 14.10.2019.
Order of the Court (Sixth Chamber) of 6 May 2020 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19) v Agenzia delle Entrate

(Joined Cases C-415/19 to C–417/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - State aid - European Commission decision declaring an aid scheme compatible with the internal market - National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision)

(2020/C 287/27)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Applicants: Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19)

Defendant: Agenzia delle Entrate

Operative part of the order

Article 108(3) TFEU, Commission Decision C(2008) 380 of 25 January 2008, ‘State aid N 39/2007 — Italy — Tax credit for new investment in less-favoured areas’, and the principle of proportionality must be interpreted as not precluding legislation of a Member State pursuant to which the award of aid, under an aid scheme established by that Member State and authorised by that decision, is subject to a declaration by the applicant that it has not received aid declared unlawful and incompatible by the European Commission, which it has failed to repay or deposit into a blocked account, even though it is not the subject of a request for repayment and despite the fact that that decision does not explicitly provide for such a requirement.

(1) OJ C 328, 30.9.2019.
Official Journal of the European Union

Order of the President of the Court of 17 December 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Agencia Estatal de la Administración Tributaria v RK

(Case C-85/19) (1)

(2020/C 137/62)

Language of the case: Spanish

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

(1) OJ C 164, 13.5.2019.
Order of the President of the First Chamber of the Court of 20 January 2020 — Ryanair DAC, formerly Ryanair Ltd, Airport Marketing Services Ltd v European Commission

(Case C-203/19 P) (1)

(2020/C 313/27)

Language of the case: English

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

(1) OJ C 164, 13.5.2019.
Order of the Court (Eighth Chamber) of 22 April 2020 (request for a preliminary ruling from the Watford Employment Tribunal — United Kingdom) — B v Yodel Delivery Network Ltd

(Case C-692/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Directive 2003/88/EC - Organisation of working time - Concept of ‘worker’ - Parcel delivery undertaking - Classification of couriers engaged under a services agreement - Possibility for a courier to engage subcontractors and to perform similar services concurrently for third parties)

(2020/C 287/33)

Language of the case: English

Referring court

Watford Employment Tribunal

Parties to the main proceedings

Applicant: B

Defendant: Yodel Delivery Network Ltd

Operative part of the order

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as precluding a person engaged by his putative employer under a services agreement which stipulates that he is a self-employed independent contractor from being classified as a ‘worker’ for the purposes of that directive, where that person is afforded discretion:

— to use subcontractors or substitutes to perform the service which he has undertaken to provide;

— to accept or not accept the various tasks offered by his putative employer, or unilaterally set the maximum number of those tasks;

— to provide his services to any third party, including direct competitors of the putative employer, and

— to fix his own hours of ‘work’ within certain parameters and to tailor his time to suit his personal convenience rather than solely the interests of the putative employer, provided that, first, the independence of that person does not appear to be fictitious and, second, it is not possible to establish the existence of a relationship of subordination between that person and his putative employer. However, it is for the referring court, taking account of all the relevant factors relating to that person and to the economic activity he carries on, to classify that person’s professional status under Directive 2003/88.

(1) OJ C 423, 16.12.2019.
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 13 February 2020 (request for a preliminary ruling from the Commissione tributaria regionale per il Veneto — Italy) — Regione Veneto v HD

(Case C-468/19) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Historical vehicles - Non-uniform tax treatment within a Member State - Purely internal situation - Manifest inadmissibility)

(2020/C 320/03)

Language of the case: Italian

Referring court

Commissione tributaria regionale per il Veneto

Parties to the main proceedings

Applicant: Regione Veneto

Defendant: HD

Operative part of the order

The request for a preliminary ruling made by the Commissione tributaria regionale del Veneto (Regional Tax Court for Veneto, Italy), by decision of 10 June 2019, is manifestly inadmissible.

(1) OJ C 357, 21.10.2019.
Official Journal of the European Union

Order of the President of the Court of 3 March 2020 (request for a preliminary ruling from the Landgericht Frankenthal — Germany) — OK v Daimler AG

(Case C-685/19) (1)

(2020/C 320/40)

Language of the case: German

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

(1) OJ C 27, 27.1.2020.
Official Journal of the European Union

Order of the President of the Court of 17 July 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — LP v Subdelegación del Gobierno en Toledo

(Case C-567/19) (1)

(2020/C 329/20)

Language of the case: Spanish

The President of the Court 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 16 July 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — DX v Subdelegación del Gobierno en Toledo

(Case C-549/19) (1)

(2020/C 329/18)

Language of the case: Spanish

The President of the Court 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 29 October 2020 (request for a preliminary ruling from the Tribunal d’instance d’Aulnay-Sous-Bois — France) — JE, KF v XL Airways SA

(Case C-286/19) (1)

(2021/C 44/47)

Language of the case: French

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

(1) OJ C 206, 17.6.2019.
Official Journal of the European Union

Order of the President of the Court of 7 September 2020 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — SIA ‘ONDO’ v Patērētāju tiesību aizsardzības centrs

(Case C-943/19) (1)

(2020/C 414/41)

Language of the case: Latvian

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

(1) OJ C 137, 27.4.2020.
Official Journal of the European Union

Order of the President of the Fifth Camber of the Court of Justice of 11 January 2021 — European Commission v Hungary

(Case C-761/19) (1)

(2021/C 138/33)

Language of the case: Hungarian

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

(1) OJ C 77, 9.3.2020.
Order of the Court (Ninth Chamber) of 26 November 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autostrada Torino Ivrea Valle D’Aosta — Ativa S.p.A. v Presidenza del Consiglio dei Ministri, Ministero delle Infrastrutture e dei Trasporti, Ministero dell'Economia e delle Finanze, Autorità di regolazione dei trasporti

(Case C-835/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Award of concession contracts - Directive 2014/23/EU - Article 2(1), first subparagraph - Article 30 - Freedom of awarding authorities to define and organise the procedure leading to the selection of the concession holder - National legislation prohibiting the use of project financing for motorway concession contracts)

(2021/C 44/16)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Autostrada Torino Ivrea Valle D’Aosta — Ativa S.p.A.

Defendants: Presidenza del Consiglio dei Ministri, Ministero delle Infrastrutture e dei Trasporti, Ministero dell'Economia e delle Finanze, Autorità di regolazione dei trasporti

Intervening parties: Autorità di bacino del Po, Regione Piemonte

Operative part of the order

Must the first subparagraph of Article 2(1) of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts, read in conjunction with Article 30 and recitals 5 and 68 of that directive, be interpreted as not precluding a national provision prohibiting awarding authorities from granting expired or expiring motorway concessions using the project financing procedure laid down in Article 183 of decreto legislativo n. 50 — Codice dei contratti pubblici (Legislative decree No 50 establishing the public procurement code), of 18 April 2016.

(1) OJ C 161, 11.5.2020.
Official Journal of the European Union

Order of the President of the Court of 9 September 2021 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Irideos SpA v Poste Italiane SpA, interveners: Fastweb SpA, Tim SpA

(Case C-419/19) (1)

(2021/C 481/27)

Language of the case: Italian

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

(1) OJ C 328, 30.9.2019.
Order of the Court (Eighth Chamber) of 3 March 2021 (request for a preliminary ruling from the Juzgado de lo Social No 41 de Madrid — Spain) — JL v Fondo de Garantía Salarial (Fogasa)

(Case C-841/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2006/54/EC - Articles 2(1) and 4 - Equal pay for male and female workers - Framework agreement on part-time work - Clause 4 - Part-time workers, primarily female - National guarantee institution for the payment of outstanding claims of relevant workers against their insolvent employers - Ceiling on the payment of those claims - Amount of the ceiling reduced for part-time workers in accordance with the hours worked by the latter in relation to the hours worked by full-time workers - Principle of pro rata temporis)

(2021/C 228/12)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 41 de Madrid

Parties to the main proceedings

Applicant: JL

Defendant: Fondo de Garantía Salarial (Fogasa)

Operative part of the order

Articles 2(1) and 4 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation must be interpreted as not precluding national legislation which, as regards the payment by the liable national institution of the wages and compensation that have not been paid to workers due to the insolvency of their employer, provides for a ceiling to that payment for full-time workers which, in the case of part-time workers, is reduced pro rata temporis according to the hours worked by those workers in relation to those worked by full-time workers.

(1) OJ C 45, 10.2.2020.
Official Journal of the European Union

Order of the President of the Court of 6 July 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autorità di Regolazione per Energia Reti e Ambiente (ARERA) v PC, RE

(Case C-44/20) (1)

(2020/C 329/25)

Language of the case: Italian

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

(1) OJ C 161, 11.5.2020.
Order of the Court (Tenth Chamber) of 26 November 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Colt Technology Services SpA, Wind Tre SpA, Telecom Italia SpA, Voidafone Italia SpA, Ministero della Giustizia, Ministero dello Sviluppo economico, Ministero dell’economia e delle finanze v Ministero della Giustizia, Ministero dello Sviluppo Economico, Ministero dell’economia e delle finanze, Wind Tre SpA, Procura generale della Repubblica presso la Corte d’appello di Reggio Calabria, Procura della Repubblica presso il Tribunale di Cagliari, Procura della Repubblica presso il Tribunale di Roma, Procura della Repubblica presso il Tribunale di Locri

(Case C-318/20) (1)

(Reference for a preliminary ruling - Principle of non-discrimination on grounds of nationality - National legislation on pricing of interception activities ordered by judicial authorities - Failure to take into account the principle of full reimbursement of the costs of telecommunications operators - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Lack of sufficient details concerning the factual and regulatory framework of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling - Manifest inadmissibility)

(2021/C 79/22)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Colt Technology Services SpA, Wind Tre SpA, Telecom Italia SpA, Ministero della Giustizia, Ministero dello Sviluppo Economico, Ministero dell’Economia e delle Finanze, Vodafone Italia SpA

Intervening parties: Procura generale della Repubblica presso la Corte d’appello di Reggio Calabria, Procura della Repubblica presso il Tribunale di Cagliari, Procura della Repubblica presso il Tribunale di Roma

Defendants: Ministero della Giustizia, Ministero dello Sviluppo Economico, Ministero dell'Economia e delle Finanze, Procura della Repubblica presso il Tribunale di Roma, Procura della Repubblica presso il Tribunale di Cagliari, Procura generale della Repubblica presso la Corte d’appello di Reggio Calabria, Wind Tre SpA, Procura della Repubblica presso il Tribunale di Locri

Operative part of the order

The request for a preliminary ruling made by the Consiglio di Stato (Council of State, Italy), by decision of 13 February 2020, is manifestly inadmissible.

(1) OJ C 348, 10.10.2020.
Official Journal of the European Union

Order of the President of the Court of 9 October 2020 (request for a preliminary ruling from the Juzgado de lo Mercantil de Badajoz — Spain) — Asociación de Usuarios de Bancos, Cajas y Seguros de España (Adicae Consumidores Críticos y Responsables) v Liberbank SA

(Case C-16/20) (1)

(2021/C 44/58)

Language of the case: Spanish

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

(1) OJ C 137, 27.4.2020.
Order of the Court (Tenth Chamber) of 23 April 2021 (request for a preliminary ruling from the Cour du travail de Mons — Belgium) — Centre d’Enseignement Secondaire Saint-Vincent de Soignies ASBL v FS

(Case C-471/20) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court - Social policy - Protection of the safety and health of workers - Organisation of working time - Directive 2003/88/EC - Maximum weekly working time - Reference period - Article 16 - Derogations - Articles 17 and 18 - Supervisor-teacher at a boarding school undertaking night duty - Compensatory rest conditions)

(2021/C 289/25)

Language of the case: French

Referring court

Cour du travail de Mons

Parties to the main proceedings

Applicant: Centre d'Enseignement Secondaire Saint-Vincent de Soignies ASBL

Defendant: FS

Operative part of the order

Article 17(3)(b) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as meaning that the work of a teacher at a boarding school, who is responsible for the supervision of boarders during the night, falls within the scope of that provision.

(1) OJ C 9, 11.1.2021.
Order of the Court (Tenth Chamber) of 3 March 2021 (request for a preliminary ruling from the Győri Törvényszék — Hungary) — Koppány 2007 Kft. v Vas Megyei Kormányhivatal

(Case C-523/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Social security - Regulation (EU) No 1231/2010 - Applicable legislation - A1 certificate - Article 1 - Extension of A1 certificate to nationals of third countries residing legally in the territory of a Member State - Legal residence - Concept)

(2021/C 228/14)

Language of the case: Hungarian

Referring court

Győri Törvényszék

Parties to the main proceedings

Applicant: Koppány 2007 Kft.

Defendant: Vas Megyei Kormányhivatal

Operative part of the order

Article 1 of Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality, must be interpreted as meaning that nationals of third countries who reside temporarily and have a residence permit in a Member State, and who have a document stating their place of accommodation issued by the immigration authority and work in different Member States for an employer established in that Member State, may rely on the coordination rules laid down by 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 (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012, and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation No 883/2004, in order to determine the social security legislation to which they are subject, provided that they are legally residing and working in the territory of the Member States.

(1) OJ C 28, 25.1.2021.
Official Journal of the European Union

Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Vrhovni sud — Croatie) — I.D. v Z b. d.d.

(Case C-474/20) (1)

(2021/C 368/15)

Language of the case: Croatian

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

(1) OJ C 423, 7.12.2020.
Official Journal of the European Union

Order of the President of the Court of 24 May 2021 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — L GmbH v FK

(Case C-672/20) (1)

(2021/C 357/24)

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.
Order of the President of the Ninth Chamber of the Court of 9 August 2021 (request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht — Germany) — C. v Bundesrepublik Deutschland

(Case C-435/20) (1)

(2021/C 471/44)

Language of the case: German

The President of the Ninth Chamber 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 25 June 2021 — European Commission v Portuguese Republic

(Case C-345/20) (1)

(2021/C 382/29)

Language of the case: Portuguese

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

(1) OJ C 329, 5.10.2020.
Order of the Court (Sixth Chamber) of 3 March 2022 — Single Resolution Board v Hypo Vorarlberg Bank AG

(Case C-663/20 P) (1)

(Appeal - Article 182 of the Rules of Procedure of the Court - Banking union - Single Resolution Mechanism (SRM) - Single Resolution Fund (SRF) - Calculation of the 2017 ex ante contributions - Authentication of a decision of the Single Resolution Board (SRB) - Obligation to state reasons - Confidential data)

(2022/C 222/03)

Language of the case: German

Parties

Appellant: Single Resolution Board (represented: initially by P. A. Messina, J. Kerlin and H. Ehlers, acting as Agents, and by H.-G. Kamann and P. Gey, Rechtsanwälte, and F. Louis, avocat, and subsequently by J. Kerlin and H. Ehlers, acting as Agents, and by H.-G. Kamann and P. Gey, Rechtsanwälte, and F. Louis, avocat)

Other party to the proceedings: Hypo Vorarlberg Bank AG (represented by: G. Eisenberger and A. Brenneis, Rechtsanwälte)

Operative part of the order

1. The judgment of the General Court of the European Union of 23 September 2020, Hypo Vorarlberg Bank v SRB (T-414/17, not published, EU:T:2020:437), is set aside.

2. The decision of the Executive Session of the Single Resolution Board of 11 April 2017 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05) is annulled, in so far as it concerns Hypo Vorarlberg Bank AG.

3. The effects of the decision of the Executive Session of the Single Resolution Board of 11 April 2017 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05), in so far as it concerns Hypo Vorarlberg Bank AG, are maintained until the entry into force, within a reasonable period which cannot exceed six months from the date of service of this order, of a new decision of the Single Resolution Board fixing the 2017 ex ante contribution to the Single Resolution Fund of that institution.

4. The Single Resolution Board shall bear its own costs, both at first instance and on appeal, and shall pay the costs incurred by Hypo Vorarlberg Bank AG at first instance.

5. Hypo Vorarlberg Bank AG shall bear its own costs relating to the appeal proceedings.

6. There is no longer any need to adjudicate on the application submitted by the Kingdom of Spain for leave to intervene in support of the form of order sought by the Single Resolution Board.

(1) OJ C 44, 8.2.2021.