ddrg/super_eurlex huggingface dataset:
Order of the Court (Tenth Chamber) of 14 January 2021 — Camelia Manéa v CdT

(Case C-892/19 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Civil service - Member of the temporary staff - Fixed-term contract - Decision not to renew the contract - Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision - Action for annulment and for damages - Appeal in part manifestly inadmissible and in part manifestly unfounded)

(2021/C 138/19)

Language of the case: French

Parties

Appellant: Camelia Manéa (represented by: M.-A. Lucas, avocat)

Other party to the proceedings: Translation Centre for the Bodies of the European Union (CdT) (represented by: M. Garnier and J. Rikkert, acting as Agents, and by B. Wägenbaur, avocat)

Operative part of the order

1. The appeal is dismissed as being in part manifestly inadmissible and in part manifestly unfounded.

2. Ms Camelia Manéa shall pay the costs.

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

Order of the President of the Court of 29 October 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta — Spain) — ED v Banco Bilbao Vizcaya Argentaria, SA

(Case C-523/19) (1)

(2021/C 44/51)

Language of the case: Spanish

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

(1) OJ C 413, 9.12.2019.
Order of the President of the Third Chamber of the Court of 9 September 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Axpo Trading Ag v Gestore dei Servizi Energetici SpA — GSE, intervener: Fallimento Esperia SpA

(Case C-705/19) (1)

(2021/C 481/29)

Language of the case: Italian

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

(1) OJ C 432, 23.12.2019.
Order of the Court (Sixth Chamber) of 14 April 2021 (request for a preliminary ruling from the Tribunalul Galați — Romania) — XU, YV, ZW, AU, BZ, CA, DB, EC, NL v SC Credit Europe Ipotecar IFN SA, Credit Europe Bank NV

(Case C-364/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Consumer protection - Unfair terms - Directive 93/13/EEC - Article 1(2) - Exclusion from the scope of that directive of contractual terms which reflect mandatory provisions of national law - Article 4(2) - Exception to the assessment of whether a term is unfair - Credit agreement denominated in a foreign currency - Alleged infringement of the obligation of information borne by a seller or supplier - Examination to be carried out by the national court as a matter of priority in the light of Article 1(2))

(2021/C 289/23)

Language of the case: Romanian

Referring court

Tribunalul Galați

Parties to the main proceedings

Applicants: XU, YV, ZW, AU, BZ, CA, DB, EC, NL

Defendants: SC Credit Europe Ipotecar IFN SA, Credit Europe Bank NV

Operative part of the order

Article 1(2) and Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that, where a court of a Member State is hearing a dispute relating to an allegedly unfair contractual term which reflects a provision of national law which is supplementary in nature, it is required to examine, as a matter of priority, the effect of the exclusion from the scope of that directive laid down in Article 1(2) thereof, and not the effect of the exception to the assessment of whether contractual terms are unfair provided for in Article 4(2) of that directive.

(1) OJ C 288, 26.8.2019.
Official Journal of the European Union

Order of the President of the Court of 30 June 2020 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — European Pallet Association eV v PHZ BV

(Case C-133/20) (1)

(2020/C 329/28)

Language of the case: Dutch

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

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

Order of the President of the Court of Justice of 27 November 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Andalucía, Ceuta y Melilla — Spain) — ZP v Delegación del Gobierno en Melilla

(Case C-38/20) (1)

(2021/C 138/35)

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.
Official Journal of the European Union

Order of the President of the Court of 12 November 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta — Spain) — XV v Cajamar Caja Rural S.C.C.

(Case C-268/20) (1)

(2021/C 44/61)

Language of the case: Spanish

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

(1) OJ C 320, 28.9.2020.
Order of the Court (Sixth Chamber) of 14 April 2021 (request for a preliminary ruling from the Commissione tributaria provinciale di Parma — Italy) — Casa di Cura Città di Parma SpA v Agenzia delle Entrate

(Case C-573/20) (1)

(Reference for a preliminary ruling - Articles 53(2) and 99 of the Rules of Procedure of the Court - Taxation - Common system of value added tax (VAT) - Sixth Directive 77/388/EEC - Article 17(2)(a) - Mixed taxable person - Deductible proportion - Public or private health structures carrying out exempt activities - National legislation excluding the deduction of VAT relating to the purchase of goods or services used for the requirements of those exempt activities)

(2021/C 289/26)

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma

Parties to the main proceedings

Applicant: Casa di Cura Città di Parma SpA

Defendant: Agenzia delle Entrate

Operative part of the order

Article 17(2)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, must be interpreted as not precluding national legislation which does not permit the deduction of input value added tax (VAT) paid for the purchase of goods and services used for the requirements of exempt activities and which provides, consequently, that the right of a mixed taxable person to deduct VAT is calculated on the basis of a proportion corresponding to the ratio of the amount of the transactions in respect of which there is a right to deduct and the total amount of the transactions carried out over the course of the year concerned, including the exempt medical-healthcare services.

(1) OJ C 35, 1.2.2021.
Official Journal of the European Union

Order of the President of the Court of 26 February 2021 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — EZ v Iberia Lineas Aereas de Espana, Sociedad Unipersonal

(Case C-606/20) (1)

(2021/C 228/37)

Language of the case: German

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

(1) OJ C 62, 22.2.2021.
Official Journal of the European Union

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

(Case C-566/20) (1)

(2021/C 368/21)

Language of the case: German

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

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

Order of the President of the Court of 3 June 2021 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — RC v Autoridade Tributária e Aduaneira

(Case C-103/20) (1)

(2021/C 357/19)

Language of the case: Portuguese

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

(1) OJ C 191, 8.6.2020.
Order of the Court (Sixth Chamber) of 1 September 2021 (request for a preliminary ruling from the Zastępca notarialny w Krapkowicach Marcin Margoński, on behalf of Justyna Gawlica, Notariusz w Krapkowicach — Poland) — Proceedings brought by OKR

(Case C-387/20) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Article 267 TFEU - Notary acting as a deputy for another notary - Definition of ‘court or tribunal’ - Criteria - Inadmissibility of the request for a preliminary ruling)

(2021/C 471/16)

Language of the case: Polish

Referring body

Zastępca notarialny w Krapkowicach Marcin Margoński, on behalf of Justyna Gawlica, Notariusz w Krapkowicach

Party to the main proceedings

Applicant: OKR

Operative part of the order

The request for a preliminary ruling from a Zastępca notarialny w Krapkowicach (notary acting as a deputy for another notary and practising in Krapkowice, Poland) is manifestly inadmissible.

(1) OJ C 53, 15.2.2021.
Official Journal of the European Union

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

(Case C-629/20) (1)

(2021/C 382/30)

Language of the case: German

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

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

Order of the Court (Ninth Chamber) of 18 January 2022 — Hungary v European Commission

(Case C-185/20 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Action for annulment - EAGF and EAFRD - Expenditure excluded from EU financing - Expenditure incurred by Hungary)

(2022/C 222/02)

Language of the case: Hungarian

Parties

Appellant: Hungary (represented by: M. Z. Fehér and G. Koós, agents)

Other party: European Commission (represented by: V. Bottka and J. Aquilina, agents)

Operative part of the order

1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.

2. Hungary shall pay the costs.

(1) OJ C 262, 10.8.2020.
Order of the Court (Seventh Chamber) of 13 October 2021 (request for a preliminary ruling from the Tribunal da Relação de Coimbra — Portugal) — Liberty Seguros, Compañia de Seguros y Reaseguros, SA — Sucursal em Portugal, formerly Liberty Seguros SA v DR

(Case C-375/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Obligatory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Insurance contract concluded on the basis of false statements - International transport of persons and goods without authorisation - Nullity of the insurance contract - Invoking that nullity against third-party victims and the body responsible for compensating victims)

(2022/C 64/02)

Language of the case: Portuguese

Referring court

Tribunal da Relação de Coimbra

Parties to the main proceedings

Applicant: Liberty Seguros, Compañia de Seguros y Reaseguros, SA — Sucursal em Portugal, formerly Liberty Seguros SA

Defendant: DR

Interveners: Fundo de Garantia Automóvel, VS, FN, JT, Seguradoras Unidas SA

Operative part of the order

The first paragraph of Article 3 and Article 13(1) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability must be interpreted as precluding national legislation which would have the effect of making it possible to invoke against third parties who are victims of a motor vehicle accident the nullity of a contract for motor vehicle insurance against civil liability that arises as a result of the policyholder conducting a commercial activity of international transport without authorisation and of the omissions or false statements of that person with regard to the insurance company at the time that contract was concluded, even though the third-party victims are passengers who could not have been unaware of that lack of authorisation.

(1) OJ C 348, 19.10.2020.
Order of the Court (Eighth Chamber) of 5 October 2022 (request for a preliminary ruling from the Rayonen sad — Pazardzhik — Bulgaria) — SF v Teritorialna direktsia na Natsionalna agentsia za prihodite — Plovdiv

(Case C-49/20) (1)

(Reference for a preliminary ruling - Articles 53 and 99 of the Rules of Procedure of the Court of Justice - Directive (EU) 2015/849 - Scope - National legislation requiring payments exceeding a certain limit to be made only by bank transfer or by deposit into a payment account)

(2023/C 24/19)

Language of the case: Bulgarian

Referring court

Rayonen sad — Pazardzhik

Parties to the main proceedings

Applicant: SF

Defendant: Teritorialna direktsia na Natsionalna agentsia za prihodite — Plovdiv

Operative part of the order

Legislation of a Member State which provides that payments on the national territory of an amount which is equal to or greater than a fixed threshold are only to be made by bank transfer or deposit into a payment account and which has no interest in the person and in the reason for paying in cash and at the same time covers all payments in cash among natural and legal persons does not fall within the scope of Directive (EU) 2015/89 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC.

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

Order of the President of the Court of 14 July 2022 (request for a preliminary ruling from the Juzgado de Primera Instancia No 1 de Cazalla de la Sierra — Spain) — Caixabank S.A. v ZN, SD, AH

(Case C-657/20) (1)

(2022/C 368/30)

Language of the case: Spanish

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

(1) OJ C 88, 15.3.2021.
Order of the Court (First Chamber) of 3 June 2021 (request for a preliminary ruling from the Upravno sodišče Republike Slovenije — Slovenia) — J.A. v Republika Slovenija

(Case C-186/21 PPU) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Immigration and asylum policy - International protection - Directive 2013/33/EU - Point (d) of the first subparagraph of Article 8(3) - Detention of applicants for international protection - Applicant detained subject to a return procedure under Directive 2008/115/EC and in respect of whom there are reasonable grounds to believe that he is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision - Objective criteria on which such grounds may be based - Applicant who has already had the opportunity to access the asylum procedure)

(2021/C 357/07)

Language of the case: Slovenian

Referring court

Upravno sodišče Republike Slovenije

Parties to the main proceedings

Applicant: J.A.

Defendant: Republika Slovenija

Operative part of the order

Point (d) of the first subparagraph of Article 8(3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection must be interpreted as meaning that the fact that an applicant for international protection has already had the opportunity to access the asylum procedure constitutes an objective criterion for the purposes of that provision.

(1) OJ C 206, 31.5.2021.
Order of the Court (Ninth Chamber) of 6 October 2021 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — TUIfly GmbH v FI, RE

(Case C-253/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Air transport - Regulation (EC) No 261/2004 - Article 5 - Article 7 - Article 8(3) - Denied boarding, cancellation or long delay of a flight - Compensation and assistance to passengers - Concept of ‘cancellation’ - Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made - Re-routing of passengers by coach)

(2022/C 51/18)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Appellant: TUIfly GmbH

Respondents: FI, RE

Operative part of the order

Article 5(1)(c), Article 7(1) and Article 8(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 diverted flight landing at an airport which is not that for which the booking was made and which does not serve the same town, city or region is capable of conferring on the passenger a right to compensation for cancellation of a flight.

(1) OJ C 289, 19.7.2021.
Official Journal of the European Union

Order of the President of the Court of 21 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — AX v Deutsche Lufthansa AG

(Case C-9/21) (1)

(2021/C 382/31)

Language of the case: German

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

(1) OJ C 88, 15.03.2021.
Order of the Court (Eighth Chamber) of 30 March 2022 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — Orbest, SA v CS, QN, OP and Others

(Case C-659/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Article 5(3) - Exemption from the obligation to pay compensation - Concept of ‘extraordinary circumstances’ - Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport)

(2022/C 198/20)

Language of the case: Portuguese

Referring court

Tribunal da Relação de Lisboa

Parties to the main proceedings

Applicant: Orbest, SA

Defendants: CS, QN, OP and Others

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 the technical failure of an aircraft caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport may be covered by the concept of ‘extraordinary circumstances’, within the meaning of that provision.

(1) Filing date: 2.11.2021
Order of the Court (Eighth Chamber) of 13 December 2021 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — VX v Autoridade Tributária e Aduaneira

(Case C-224/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Direct taxation - Taxation of capital gains on immovable property - Articles 63 and 65 TFEU - Free movement of capital - Discrimination - Higher tax liability on capital gains on immovable property made by non-residents - Election for taxation under the same procedures as residents)

(2022/C 95/06)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: VX

Defendant: Autoridade Tributária e Aduaneira

Operative part of the order

Articles 63 and 65(1) TFEU must be interpreted as precluding legislation of a Member State relating to personal income tax which, as regards capital gains arising from the sale of immovable property situated in that Member State, systematically makes non-residents subject to a higher tax liability than that which would be applied, for the same type of transaction, to capital gains made by residents, notwithstanding the option available to non-residents to opt for the regime applicable to residents.

(1) OJ C 252, 28.6.2021
Order of the Court (Eighth Chamber) of 17 May 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Estaleiros Navais de Peniche SA v Município de Aveiro, Navaltagus — Reparação e Construção Naval SA, Navalrocha — Sociedade de Construção e Reparações Navais SA

(Case C-787/21) (1)

(Request for a preliminary reference - Article 99 of the Rules of Procedure of the Court of Justice - Review procedures in respect of the award of public supply and public works contracts - Directive 89/665/EEC - Article 1(3) - Interest in bringing proceedings - Access to the review procedures - Tenderer excluded by a decision of the contracting authority which has become final, as a result of failing to challenge all the grounds for rejection of its tender - No interest in bringing proceedings)

(2022/C 257/19)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: Estaleiros Navais de Peniche SA

Defendants: Município de Aveiro, Navaltagus — Reparação e Construção Naval SA, Navalrocha — Sociedade de Construção e Reparações Navais SA

Operative part of the order

Article 1(3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007, must be interpreted as precluding a tenderer who was eliminated from a public procurement procedure by a decision of the contracting authority which has become final from contesting the decision to award that contract. In that regard, it is irrelevant that the unsuccessful tenderer submits that it could potentially be awarded the contract in the case if, following the annulment of that decision, the contracting authority were to decide to launch a new award procedure.

(1) Date of filing: 16.12.2021.
Official Journal of the European Union

Order of the President of the Court of 11 March 2022 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — PJ v Eurowings GmbH

(Case C-751/21) (1)

(2022/C 222/41)

Language of the case: German

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

(1) OJ C 95, 28.2.2022.