ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 56/2

Order of the Court (Sixth Chamber) of 4 December 2014 (request for a preliminary ruling from the Curtea de Apel Timişoara — Romania) — Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) — Centrul Judeţean Timiş v Curtea de Conturi a României, Camera de Conturi a Judeţului Timiş

(Case C-304/13) (1)

((Agriculture - Common agricultural policy - Regulation (EC) No 1782/2003 - Direct support schemes - Conditions for the granting of the complementary national direct payments - Condition not provided for by EU legislation - Condition relating to the absence of debt falling due to the State budget and/or local budget on the date of submission of the application for aid - Not permissible))

(2015/C 056/02)

Language of the case: Romanian

Referring court

Curtea de Apel Timişoara

Parties to the main proceedings

Appellant: Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) — Centrul Judeţean Timiş

Respondents: Curtea de Conturi a României, Camera de Conturi a Judeţului Timiş

Intervener: Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) — Bucureşti

Operative part of the judgment

Article 143c of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, as amended by the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded, and Article 132 of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, must be interpreted as precluding national legislation which excludes from the benefit of complementary national aid producers who, on the date of submission of the application for aid, have debts falling due to the State budget and/or local budget, where no condition relating to the absence of such debt has been subject to prior authorisation by the European Commission.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 409/31

Order of the President of the Court of 8 July 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Peggy Kieck v Condor Flugdienst GmbH

(Case C-118/14) (1)

2014/C 409/45

Language of the case: German

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

(1) OJ C 184, 16.6.2014.
EN Official Journal of the European Union C 127/16

Order of the President of the Court of 23 January 2015 — European Commission v Italian Republic

(Case C-124/14) (1)

(2015/C 127/22)

Language of the case: Italian

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

(1) OJ C 175, 10.6.2014.
EN Official Journal of the European Union C 431/17

Order of the President of the Court of 23 September 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Elvira Mandl, Helmut Mandl v Condor Flugdienst GmbH

(Case C-337/14) (1)

(2014/C 431/28)

Language of the case: German

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

(1) OJ C 315, 15.9.2014.
EN Official Journal of the European Union C 213/13

Order of the Court (Ninth Chamber) of 15 April 2015 (request for a preliminary ruling from the Tribunale ordinario di Torino — Italy) — Criminal proceedings against Stefano Burzio

(Case C-497/14) (1)

((Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Article 50 - Principle of ne bis in idem - National legislation providing for an administrative penalty and a criminal penalty for failure to pay withholding taxes - No implementation of EU law - Clear lack of jurisdiction))

(2015/C 213/20)

Language of the case: Italian

Referring court

Tribunale ordinario di Torino

Criminal proceedings against

Stefano Burzio

Operative part of the order

The Court of Justice of the European Union clearly lacks jurisdiction to reply to the question referred by the Tribunale ordinario di Torino (Italy), by decision of 27 October 2014.

(1) OJ C 34, 2.2.2015.
EN Official Journal of the European Union C 146/32

Order of the President of the Court of 23 January 2015 (request for a preliminary ruling from the Tribunal d’instance de Dieppe — France) — Facet SA v Jean Henri

(Case C-225/14) (1)

(2015/C 146/41)

Language of the case: French

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

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 320/9

Order of the Court (Third Chamber) of 7 May 2015 — Adler Modemärkte AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Blufin SpA

(Case C-343/14 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for registration of the Community word mark MARINE BLEU - Opposition by the proprietor of the word mark BLUMARINE - Relative grounds for refusal - Likelihood of confusion - Conceptual comparison))

(2015/C 320/12)

Language of the case: German

Parties

Appellant: Adler Modemärkte AG (represented by: J.-C. Plate, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent), Blufin (represented by: F. Caricato and F. Cicogna, avvocati)

Operative part of the order

1. The appeal is dismissed.

2. Adler Modemärkte AG shall pay the costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 320/25

Order of the President of the Court of 5 June 2015 (request for a preliminary ruling from the Eparkhiako Dikastirio Larnakas — Cyprus) — Criminal proceedings against Masoud Mehrabipari

(Case C-390/14) (1)

(2015/C 320/37)

Language of the case: Greek

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

(1) OJ C 372, 20.10.2014.
EN Official Journal of the European Union C 398/23

Order of the President of the Court of 31 July 2015 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Fazenda Pública v Beiragás — Companhia de Gás das Beiras SA

(Case C-423/14) (1)

(2015/C 398/30)

Language of the case: Portuguese

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

(1) OJ C 439, 8.12.2014.
EN Official Journal of the European Union C 320/26

Order of the President of the Court of 3 June 2015 — European Commission v Republic of Finland

(Case C-538/14) (1)

(2015/C 320/40)

Language of the case: Finnish

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

(1) OJ C 34, 2.2.2015.
EN Official Journal of the European Union C 270/6

Order of the Court (Seventh Chamber) of 7 April 2016 — (reference for a preliminary ruling from the Tribunale di Bari (Italy)) — Criminal proceedings against Davide Cazzorla

(Case C-436/14) (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 270/07)

Language of the case: Italian

Referring court

Tribunale di Bari

Criminal proceedings against

Davide Cazzorla

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 448, 15.12.2014.
EN Official Journal of the European Union C 68/19

Order of the Court (Sixth Chamber) of 17 December 2015 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH v Bundesrepublik Deutschland

(Case C-580/14) (1)

((Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowances trading - Excess emissions penalty - Proportionality))

(2016/C 068/24)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH

Defendant: Bundesrepublik Deutschland

Operative part of the order

Examination of the question referred has revealed nothing capable of affecting, in the light of the principle of proportionality, the validity of the second sentence of Article 16(3) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009, in that it provides for a penalty of EUR 100 for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances.

(1) OJ C 96, 23.3.2015.
EN Official Journal of the European Union C 475/14

Order of the President of the Ninth Chamber of the Court of 22 September 2016 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Nicolae Ilie Nicula v Administrația Județeană a Finanțelor Publice Sibiu formerly Administraţia Finanţelor Publice a Municipiului Sibiu, Administrația Fondului pentru Mediu, intervener: Cristina Lenuța Stoica

(Case C-609/14) (1)

(2016/C 475/20)

Language of the case: Romanian

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

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 279/23

Order of the President of the Court of 11 April 2016 (request for a preliminary ruling from the Rechtbank Noord-Holland — Netherlands) — Timberland Europe BV v Inspecteur van de Belastingdienst, kantoor Rotterdam Rijnmond

(Case C-571/14) (1)

(2016/C 279/31)

Language of the case: Dutch

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

(1) OJ C 73, 2.3.2015.
EN Official Journal of the European Union C 38/18

Order of the Court (Ninth Chamber) of 21 October 2015 (request for a preliminary ruling from the Krajský súd v Košiciach — Slovakia) — Kovozber s. r. o. v Daňový úrad Košice

(Case C-120/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Value added tax (VAT) - Directive 2006/112/EC - Article 183 - Refund of excess VAT - National legislation prescribing that default interest relating to the refund of excess VAT is to be calculated only as from ten days after completion of a tax inspection))

(2016/C 038/26)

Language of the case: Slovak

Referring court

Krajský súd v Košiciach

Parties to the main proceedings

Applicant: Kovozber s. r. o.

Defendant: Daňový úrad Košice

Operative part of the order

The first paragraph of Article 183 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which prescribes that default interest relating to the refund of excess value added tax is to be calculated only as from ten days after completion of the tax inspection.

(1) OJ C 213, 29.6.2015.
EN Official Journal of the European Union C 398/10

Order of the Court (Eighth Chamber) of 8 September 2015 — DTL Corporación, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case C-62/15 P) (1)

(Appeal - Article 181 the Rules of Procedure of the Court of Justice - Community trade mark - Application for registration of the word mark Generia - Opposition by the proprietor of the earlier Community figurative mark Generalia generación renovable - Partial refusal to register - Regulation (EC) No 207/2009 - Article 8(1)(b) - Likelihood of confusion - Article 64(1) - Powers of the Board of Appeal - Article 75, second subparagraph - Right to be heard)

(2015/C 398/12)

Language of the case: Spanish

Parties

Appellant: DTL Corporación, SL (represented by: A. Zuazo Araluze, abogado)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Operative part of the order

1. The appeal is dismissed.

2. DTL Corporación, SL to bear its own costs.

(1) OJ C 146, 4.5.2015.
EN Official Journal of the European Union C 136/6

Order of the Court (Seventh Chamber) of 13 January 2016 (request for a preliminary ruling from the Landgericht Itzehoe — Germany) — Raffeisen Privatbank Liechtenstein AG v Gerhild Lukath

(Case C-397/15) (1)

((Reference for a preliminary ruling - Rome Convention on the law applicable to contractual obligations - First Protocol concerning the interpretation by the Court of the Rome Convention - Articles 1 and 2(a) and (b) - National courts entitled to make a reference to the Court for a preliminary ruling - Manifest lack of jurisdiction of the Court))

(2016/C 136/09)

Language of the case: German

Referring court

Landgericht Itzehoe

Parties to the main proceedings

Applicant: Raffeisen Privatbank Liechtenstein AG

Defendant: Gerhild Lukath

in the presence of: Rüdiger Boy, Boy Finanzberatung GbhH, Christian Maibaum, Vienna-Life Lebensversicherung AG, Frank Weber

Operative part of the order

The Court of Justice of the European Union manifestly does not have jurisdiction to answer the questions referred by the Landgericht Itzehoe (Regional Court, Itzehoe (Germany)) for a preliminary ruling by decision of 15 June 2015 in Case C-397/15.

(1) OJ C 320, 28.9.2015.
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 European Commission, Aalberts Industries NV

(Case C-132/15 P) (1)

(2016/C 078/15)

Language of the case: Dutch

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

(1) OJ C 205, 22.6.2015.
EN Official Journal of the European Union C 260/14

Order of the Court (Eighth Chamber) of 25 February 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery e dei Centri di Chirurgia Ambulatoriale (Aiudapds) v Agenzia Italiana del Farmaco (AIFA), Ministero della Salute

(Case C-520/15) (1)

((Reference for a preliminary ruling - Rules of Procedure of the Court - Article 53(2) - Charter of Fundamental Rights of the European Union - Second paragraph of Article 47 and Article 54 - European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6(1) - Extraordinary petition the President of the Italian Republic - Opposition to the petition by a party to the dispute - Modification of that extraordinary petition into judicial proceedings - Implementation of EU law - Absence - Manifest lack of jurisdiction of the Court of Justice))

(2016/C 260/18)

Language of the case: Italian

Referring court

Consiglio di Stato — Italy

Parties to the main proceedings

Applicant: Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery e dei Centri di Chirurgia Ambulatoriale (Aiudapds)

Defendant: Agenzia Italiana del Farmaco (AIFA), Ministero della Salute

Other party: Roche SpA, Novartis Farma SpA, and Regione Marche

Re:

The Court of Justice of the European Union clearly has no jurisdiction to answer the question referred by the Consiglio di Stato (Council of State, Italy) by decision of 15 July 2015 (Case C-520/15).

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 200/15

Order of the President of the Court of 9 March 2016 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Tarragona — Spain) — Correos y Telégrafos SA v Ayuntamiento de Vila Seca

(Case C-302/15) (1)

(2016/C 200/22)

Language of the case: Spanish

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

(1) OJ C 294, 7.9.2015.
EN Official Journal of the European Union C 326/19

Order of the President of the Third Chamber of the Court of 9 June 2016 (request for a preliminary ruling from the Østre Landsret — Denmark) — Delta Air Lines Inc. v Daniel Dam Hansen, Mille Doktor, Carsten Jensen, Mogens Jensen, Dorthe Fabricius, Jens Ejner Rasmussen, Christian Bøje Pedersen, Andreas Fabricius, Mads Wedel Rasmussen, Nicklas Wedel Rasmussen, Thomas Lindstrøm Jensen, Marianne Thestrup Jensen, Erik Lindstrøm Jensen, Jakob Lindstrøm Jensen, Liva Doktor, Peter Lindstrøm Jensen

(Case C-305/15) (1)

(2016/C 326/31)

Language of the case: Danish

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

(1) OJ C 294, 7.9.2015.
EN Official Journal of the European Union C 279/25

Order of the President of the Court of 25 April 2016 — European Commission v Grand Duchy of Luxembourg

(Case C-684/15) (1)

(2016/C 279/37)

Language of the case: French

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

(1) OJ C 98, 14.3.2016.
Order of the Court (Sixth Chamber) of 7 July 2016 — HIT Groep BV v European Commission

(Case C-514/15 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court - Competition - Agreements, decisions and concerted practices - European prestressing steel market - Regulation (EC) No 1/2003 - Article 23(2) - Calculation of the amount of the fine - Upper limit of the fine - Total turnover in the ‘preceding business year’ - Reference to a business year other than the one preceding the adoption of the contested decision - Principle of proportionality))

(2016/C 364/03)

Language of the case: Dutch

Parties

Appellant: HIT Groep BV (represented by: G. van der Wal and L. Parret, advocaten)

Other party to the proceedings: European Commission (represented by: P. Van Nuffel, S. Noë and V. Bottka, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Hit Groep BV shall pay the costs.

(1) OJ C 398, 30.11.2015.
3.

The effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 shall be limited in time in such a way, first, that that declaration shall take effect only at the end of a period of ten months from the date of delivery of the judgment of 28 April 2016, Borealis Polyolefine and Others (C-191/14, C–192/14, C–295/14, C–389/14 and C–391/14 to C–393/14, EU:C:2016:311), in order to allow the European Commission to proceed with the adoption of the necessary measures and, secondly, that the measures adopted up to that point on the basis of the provisions declared invalid cannot be brought into question.
1.

It is not apparent either from the provisions of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009, read in the light of Article 15(3) of Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, nor from . 2013/448/EU: Commission Decision of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council, that, when determining the maximum annual quantity of greenhouse gas emission allowances, the European Commission excluded emissions other than those attributable to electricity producers.
Order of the Court of 21 September 2016 (reference for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Rodica Popescu v Direcția Sanitar Veterinară și pentru Siguranța Alimentelor Gorj

(Case C-614/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Successive fixed-term employment contracts - Veterinary assistant in the veterinary health inspection sector - Public sector - Clause 5(1) - Measures aimed at preventing the misuse of fixed-term contracts - Concept of ‘objective reasons’ justifying the use of such contracts - Replacements for vacant posts pending completion of competition procedures))

(2016/C 454/25)

Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings

Applicant: Rodica Popescu

Defendant: Direcția Sanitar Veterinară și pentru Siguranța Alimentelor Gorj

Operative part of the order

Clause 5(1) of the of the Framework agreement on fixed-term work, concluded on 18 March 1999, which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding national rules, such as those at issue in the main proceedings, under which the renewal of successive fixed-term employment contracts, in the public sector, is deemed justified by ‘objective reasons’ within the meaning of that clause on the sole ground that inspections performed by staff employed in the veterinary health sector are non-permanent in nature due to the variations in volume of the activities of the establishments to be inspected, unless the renewal of those contracts is actually aimed at covering a specific need in the relevant sector, without the underlying reason being budgetary considerations, which it is for the national court to verify. Moreover, the fact that the renewal of successive fixed-term contracts is done pending completion of competition procedures does not make those rules compliant with that clause where the actual application thereof leads, in reality, to abusive recourse to successive fixed-term employment contracts, which it is also for the national court to verify.

(1) OJ C 68, 22.2.2016.