ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 315/31

Order of the Court (Sixth Chamber) of 19 June 2014 — The Cartoon Network, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Boomerang TV SA

(Case C-670/13 P) (1)

((Appeal - Community trade mark - Application for Community word mark BOOMERANG - Earlier Community figurative mark Boomerang TV - Relative ground for refusal - Likelihood of confusion))

2014/C 315/50

Language of the case: English

Parties

Appellant: The Cartoon Network, Inc. (represented by: I. Starr, Solicitor)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Boomerang TV SA

Operative part of the order

1. The appeal is dismissed.

2. The Cartoon Network Inc. is ordered to pay the costs.

(1) OJ C 52, 22.2.2014.
Official Journal of the European Union

Order of the President of the Court of 17 octobre 2014 — European Commission v Romania, intervening parties: Republic of Estonia, Kingdom of the Netherlands

(Case C-405/13) (1)

(2015/C 016/32)

Language of the case: Romanian

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

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 409/23

Order of the Court (Ninth Chamber) of 10 July 2014 — Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) v European Commission

(Joined Cases C-379/13 P to C-381/13 P) (1)

((Appeal - Decision 83/673/EEC - Regulation (EEC) No 2950/83 - European Social Fund - Training operations - Reduction of the financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Protection of the European Communities’ financial interests))

2014/C 409/32

Language of the cases: Portuguese

Parties

Appellant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (represented by: L. Pinto Monteiro and N. Morais Sarmento, advogados)

Other party to the proceedings: European Commission (represented by: D. Recchia and P. Guerra e Andrade, acting as Agents)

Operative part of the order

1. The appeals are dismissed.

2. Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) shall bear the costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 146/8

Order of the Court (Ninth Chamber) of 15 January 2015 — Banco Bilbao Vizcaya Argentaria, SA, Telefónica SA v European Commission

(Joined Cases C-587/13 P and C-588/13 P) (1)

((Appeals - Aid scheme provided for under Spanish tax legislation - Corporate tax provision which enables undertakings established in Spanish territory to write off the goodwill resulting from the acquisition of a shareholding in undertakings which are not established in that territory - Decision declaring the State aid scheme incompatible with the internal market))

(2015/C 146/11)

Language of the case: Spanish

Parties

Appellants: Banco Bilbao Vizcaya Argentaria, SA, Telefónica SA (represented by: J. Ruiz Calzado and J. Domínguez Pérez, abogados, and M. Núñez Müller, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: C. Urraca Caviedes and P. Němečková, acting as Agents)

Operative part of the order

1. The appeals are dismissed.

2. Banco Bilbao Vizcaya Argentaria, SA and Telefónica SA shall pay the costs.

(1) OJ C 15, 18.1.2014.

OJ C 24, 25.1.2014.
1)

A contract, such as that at issue in the main proceedings, which provides for the creation of a surface right, in favour of a supplier of petroleum products, allowing that supplier to build a service station and let the service station to the owner of the land, and which contains a long-term exclusive purchasing obligation, does not have the effect of restricting competition appreciably and is therefore not caught by the prohibition set out in Article 81(1) EC given that, first, that supplier’s market share is less than 3 %, compared to the cumulative market share of about 70 % held by three other suppliers, and, second, the duration of that contract is not manifestly excessive compared to the average duration of contracts generally concluded on the relevant market, which is a matter for the referring court to verify.
Official Journal of the European Union

Order of the President of the Court of 21 October 2014 (request for a preliminary ruling from the Juzgado de Primera Instancia No 34 de Madrid — Spain) — Rafael Villafáñez Gallego, María Pérez Anguio v Banco Bilbao Vizcaya Argentaria, SA

(Case C-54/14) (1)

(2015/C 016/35)

Language of the case: Spanish

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

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 127/5

Order of the Court (Eighth Chamber) of 12 February 2015 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Società Sogno di Tolosa Ltd and Others v Ministero dell'Economia e delle Finanze, Agenzia delle Dogane e dei Monopoli di Stato

(Case C-480/14) (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 127/07)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Società Sogno di Tolosa Limited, Ds di Dimarco Enzo & C. Sas, Centro Servizi di Barillà Marco, Assok di Rambaldi Stefano e Casbarra Luca Snc, Dg Comunicazioni di Di Giorno Giancarlo, Tamara Maraboli, Andrea Cappiello, Depa di Delberba C. Sas, Luca Campioni, Danio Milazzo, Andrea Menna, Emilio Schiavone, Sandro Casalboni, Lorena Bertora, Andromeda di Novellis Alessandro e Stellini Roberto Snc

Defendants: Ministero dell'Economia e delle Finanze, Agenzia delle Dogane e dei Monopoli di Stato

In the presence of: Carmelo Sisino, Gianni Viano, Vincenzo Brancati, Marco Decortes, Filippo Sangineto, Luca Piccolo, Salvatore Rosolia, Giada Aricò, Giuseppe Parrelli, Wett-Pads Vermittlungs, Galassio 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 7, 12.1.2015.
EN Official Journal of the European Union C 431/6

Order of the Court (Seventh Chamber) of 25 September 2014 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — János Kárász v Nyugdíjfolyósító Igazgatóság

(Case C-199/14) (1)

((Reference for a preliminary ruling - Article 17 of the Charter of Fundamental Rights of the European Union - Implementation of EU law - Lack of implementation - Clear lack of jurisdiction of the Court))

(2014/C 431/11)

Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: János Kárász

Defendant: Nyugdíjfolyósító Igazgatóság

Operative part of the order

The Court of Justice of the European Union clearly lacks jurisdiction to answer the question referred by the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) by decision of 25 March 2014.

(1) OJ C 245, 28.07.2014.
EN Official Journal of the European Union C 213/12

Order of the Court (Third Chamber) of 12 February 2015 — Enercon GmbH v Gamesa Eólica SL, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-35/14 P) (1)

((Appeal - Community trade mark - Appeal brought by an ‘other party to the proceedings before the Board of Appeal’ which did not lodge a response before the General Court - Not an intervener before the General Court - Appeal manifestly inadmissible))

(2015/C 213/18)

Language of the case: English

Parties

Appellant: Enercon GmbH (represented by: J. Eberhardt, Rechtsanwalt)

Other parties to the proceedings: Gamesa Eólica SL (represented by: E. Armijo Chávarri, abogado), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Operative part of the order

1) The appeal is dismissed.

2) Enercon GmbH shall bear its own costs and pay those incurred by Gamesa Eólica SL.

3) The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.

(1) OJ C 102, 7.4.2014.
EN Official Journal of the European Union C 146/32

Order of the President of the Court of 14 January 2015 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Dagmar Wedel, Rudi Wedel v Condor Flugdienst GmbH

(Case C-412/14) (1)

(2015/C 146/43)

Language of the case: German

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

(1) OJ C 448, 15.12.2014.
EN Official Journal of the European Union C 320/11

Order of the Court (Ninth Chamber) of 7 May 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Statul român v Tamara Văraru, Consiliul Naţional pentru Combaterea Discriminării

(Case C-496/14) (1)

((Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Principles of equal treatment and of non-discrimination in the field of social security - Calculation of the amount of dependent child allowance - No implementation of EU law - Manifest lack of jurisdiction of the Court))

(2015/C 320/15)

Language of the case: Romanian

Referring court

Tribunalul Sibiu

Parties to the main proceedings

Applicant: Statul român

Defendants: Tamara Văraru, Consiliul Naţional pentru Combaterea Discriminării

Operative part of the order

The Court of Justice of the European Union manifestly lacks jurisdiction to answer the question asked by the Tribunalul Sibiu (Romania) by decision of 9 October 2014.

(1) OJ C 46, 9.2.2015.
EN Official Journal of the European Union C 398/23

Order of the President of the Third Chamber of the Court of 1 September 2015 — Cemex SAB. de CV, New Sunward Holding BV, Cemex España SA, Cemex Deutschland AG, Cemex UK, Cemex Czech Operations s.r.o., Cemex France Gestion, Cemex Austria AG v European Commission

(Case C-265/14 P) (1)

(2015/C 398/29)

Language of the case: Spanish

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

(1) OJ C 253, 4.8.2014.
EN Official Journal of the European Union C 320/24

Order of the President of the First Chamber of the Court of 11 June 2015 (request for a preliminary ruling from the Eparkhiako Dikastirio Lefkosias — Cyprus) — Bogdan Chain v Atlanco LTD

(Case C-189/14) (1)

(2015/C 320/33)

Language of the case: Greek

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

(1) OJ C 202, 30.6.2014.
EN Official Journal of the European Union C 270/3

Order of the Court (Seventh Chamber) of 7 April 2016 — (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Criminal proceedings against Daniela Tomassi (C-210/14), Massimiliano Di Adamo (C-211/14), Andrea De Ciantis (C-212/14), Romina Biolzi (C-213/14), Giuseppe Proia (C-214/14)

(Joined Cases C-210/14 to C-214/14) (1)

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

(2016/C 270/03)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Criminal proceedings against

Daniela Tomassi (C-210/14), Massimiliano Di Adamo (C-211/14), Andrea De Ciantis (C-212/14), Romina Biolzi (C-213/14), Giuseppe Proia (C-214/14)

Operative part of the order

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

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

(1) OJ C 292, 1.9.2014.
EN Official Journal of the European Union C 78/2

Order of the Court of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — YARA Brunsbüttel GmbH v Hauptzollamt Itzehoe

(Case C-529/14) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2003/96/EC - Taxation of energy products and electricity - Article 2(4)(b) - Dual use of energy products - Concept - Energy product used for the heat treatment of waste and exhaust gases))

(2016/C 078/02)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: YARA Brunsbüttel GmbH

Defendant: Hauptzollamt Itzehoe

Operative part of the order

Article 2(4)(b) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, as amended by Council Directive 2004/75/EC of 29 April 2004, must be interpreted as meaning that the natural gas used, first, for superheating and drying steam which is then used in the ammonia production process and, secondly, for the thermal decomposition and drawing off of residual gases created by that process, does not constitute, for the purpose of that provision, an energy product that has a dual use to which that directive does not apply. Consequently, the Member States may grant a tax exemption for the use of such an energy product only in so far as that exemption complies with the obligations laid down in Directive 2003/96, as amended by Directive 2004/75.

(1) OJ C 65, 23.2.2015
EN Official Journal of the European Union C 63/4

Order of the Court (Fifth Chamber) of 26 October 2016 (requests for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Barcelona — Spain) — Ismael Fernández Oliva v Caixabank SA (C-568/14), Jordi Carné Hidalgo, Anna Aracil Gracia v Catalunya Banc SA (C-569/14), Nuria Robirosa Carrera, César Romera Navales v Banco Popular Español SA (C-570/14)

(Joined Cases C-568/14 to C-570/14) (1)

((Reference for a preliminary ruling - Directive 93/13/EEC - Article 99 of the Rules of Procedure of the Court of Justice - Contracts concluded between sellers or suppliers and consumers - Mortgage contracts - ‘Floor’ clause - Collective proceedings - Individual action with the same subject matter - Interim relief))

(2017/C 063/06)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 3 de Barcelona

Parties to the main proceedings

Applicants: Ismael Fernández Oliva (C-568/14), Jordi Carné Hidalgo, Anna Aracil Gracia (C-569/14), Nuria Robirosa Carrera, César Romera Navales (C-570/14)

Defendants: Caixabank SA (C-568/14), Catalunya Banc SA (C-569/14), Banco Popular Español SA (C-570/14)

Operative part of the order

Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding a provision of national law, such as that at issue in the main proceedings, which does not permit a court seised of an individual action brought by a consumer seeking a declaration that a term of a contract binding him to a seller or supplier is unfair to adopt interim relief of its own motion, for as long as it considers appropriate, pending a final judgment in an ongoing collective action, the outcome of which may be applied to the individual action, when such relief is necessary in order to ensure the full effectiveness of the judgment to be given on the existence of the rights claimed by the consumer under Directive 93/13.

(1) OJ C 46, 9.2.2015.
EN Official Journal of the European Union C 326/3

Order of the Court (Ninth Chamber) of 31 May 2016 — Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis v European Commission

(Case C-450/15 P) (1)

((Appeal - Rules of Procedure of the Court of Justice - Article 181 - Arbitration clause - Contracts concluded under the Sixth Framework Programme for research, technological development and demonstration activities contributing to the creation of the European Research Area and to innovation (2002-2006, the eTEN Programme on trans-European telecommunications networks and the Competitiveness and Innovation Framework Programme (2007 — 2913) - Audit report finding expenses incurred ineligible - Claim for reimbursement of the grants paid - Fixed compensation - Action for annulment - Counter claim))

(2016/C 326/03)

Language of the case: Greek

Parties

Appellant: Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis (represented by: S. Skliris, lawyer)

Other party to the proceedings: European Commission (represented by: S. Lejeune and A. Marcoulli, Agents)

Operative part of the order

1. The appeal is dismissed.

2. Loinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis is ordered to pay the costs.

(1) OJ C 395, 16.11.2014.
EN Official Journal of the European Union C 38/19

Order of the Court (Tenth Chamber) of 23 October 2015 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — Cruz & Companhia Lda v Instituto de Financiamento da Agricultura e Pescas IP (IFAP), Caixa Central — Caixa Central de Crédito Agrícola Mútuo CRL

(Case C-152/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Agriculture - Common organisation of the markets - Regulation (EEC) No 3665/87 - Articles 4(1) and 13 - Regulation (EEC) No 2220/85 - Article 19(1)(a) - Conditions for the release of the guarantee provided to ensure the repayment of the advance - Conditions for the grant of the refund - Sound and fair marketable quality of the products exported - Taking into account, for the grant of the refund, the facts established by the competent authority following an inspection which took place after the actual export and customs clearance of the products - Interpretation of the judgment in Cruz & Companhia (C-128/13, EU:C:2014:2432)))

(2016/C 038/28)

Language of the case: Portuguese

Referring court

Tribunal da Relação de Lisboa

Parties to the main proceedings

Applicant: Cruz & Companhia Lda

Defendants: Instituto de Financiamento da Agricultura e Pescas IP (IFAP), Caixa Central — Caixa Central de Crédito Agrícola Mútuo CRL

Operative part of the order

Article 19(1)(a) of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products, as amended by Commission Regulation (EC) No 3403/93 of 10 December 1993, must be interpreted as meaning that the guarantee furnished by an exporter to ensure the repayment of the advance received by way of export refund may be implemented where, following an inspection carried out after the actual export and customs clearance of the products in question, it is established that one of the other conditions for the grant of that refund, in particular the condition of sound and fair marketable quality of the products exported, provided for in Article 13 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Commission Regulation (EC) No 1829/94 of 26 July 1994, is not satisfied.

(1) OJ C 205, 22.6.2015.
EN Official Journal of the European Union C 398/11

Order of the Court (Tenth Chamber) of 19 June 2015 — Mohammad Makhlouf v Council of the European Union

(Case C-136/15 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court - Article 169(2) - Content required in the application initiating an appeal - Manifest inadmissibility))

(2015/C 398/13)

Language of the case: French

Parties

Appellant: Mohammad Makhlouf (represented by: G. Karouni, avocat)

Other party to the proceedings: Council of the European Union (represented by: G. Étienne and M.-M. Joséphidès, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Mr Mohammad Makhlouf shall bear his own costs and pay those incurred by the Council of the European Union.

(1) OJ C 311, 21.9.2015.
EN Official Journal of the European Union C 136/5

Order of the Court (Second Chamber) of 20 January 2016 — Skype Ultd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Sky plc, formerly British Sky Broadcasting Group plc, Sky IP International Ltd

(Case C-384/15 P) (1)

((Appeal - Community trade mark - No need to adjudicate))

(2016/C 136/08)

Language of the case: English

Parties

Appellant: Skype Ultd (represented by: A. Carboni and M. Browne, Solicitors)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: P. Bullock, acting as Agent), Sky plc, formerly British Sky Broadcasting Group plc, Sky IP International Ltd (represented by: D. Rose and J. Curry, Solicitors)

Operative part of the order

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

2. Skype Ultd shall pay the costs of the present proceedings.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 78/11

Order of the Vice-President of the Court of 18 December 2015 — Court of Justice of the European Union v Gascogne Sack Deutschland GmbH, Groupe Gascogne SA, supported by: European Commission

(Case C-125/15 P) (1)

(2016/C 078/14)

Language of the case: French

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

(1) OJ C 155, 11.5.2015.