ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 73/12

Order of the Court (Sixth Chamber) of 1 December 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Performing Science LLC

(Case C-222/11 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(d) - Word sign ‘5 HTP’ - Application for a declaration of invalidity - Appeal manifestly unfounded)

2012/C 73/21

Language of the case: German

Parties

Appellant: Longevity Health Products, Inc (represented by: J. Korab, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Performing Science LLC

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 9 March 2011 in Case T-190/09 Longevity Health Products v OHIM — Performing Science (5 HTP) relating to an action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) concerning invalidity proceedings between Performing Science LLC and Longevity Health Products, Inc. — Distinctive character of the word sign 5 HTP

Operative part of the order

1. The appeal is dismissed.

2. Longevity Health Products Inc. is ordered to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 340/5

Order of the Court (Fifth Chamber) of 8 September 2011 — (reference for a preliminary ruling from the Giudice di pace di Mestre — Italy) — Criminal proceedings against Asad Abdallah

(Case C-144/11) (1)

(Reference for a preliminary ruling - No description of the factual context of the main proceedings - Manifest inadmissibility)

2011/C 340/10

Language of the case: Italian

Referring court

Giudice di pace di Mestre

Criminal proceedings against

Asad Abdallah

Re:

Reference for a preliminary ruling — Giudice di pace di Mestre — Direct applicability of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) — Interpretation of Article 2 of that directive — National legislation providing for a fine of between EUR 5 000 and EUR 10 000 to be imposed on a foreign national who unlawfully enters or remains in the national territory, as well as for the possibility for the court to replace that fine with deportation for a period of less than five years, in the case of a criminal conviction.

Operative part of the order

The reference for a preliminary ruling made by the Giudice di pace di Mestre (Italy), by decision of 16 March 2011, is manifestly inadmissible.

(1) OJ C 152, 21.05.2011.
EN Official Journal of the European Union C 109/3

Order of the Court (Fifth Chamber) of 7 December 2011 — Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-45/11 P) (1)

(Appeal - Community trade mark - Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red - Absolute grounds for refusal - Lack of distinctive character - Regulation (EC) No 207/2009 - Article 7(1)(b))

2012/C 109/05

Language of the case: German

Parties

Appellant: Deutsche Bahn AG (represented by: Schmidt-Hern, Rechtsanwalt)

Other party/parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 11 November 2010 in Case T-404/09 Deutsche Bahn v OHIM, by which that court dismissed the action for annulment of the decision of the First Board of Appeal of OHIM of 23 July 2009 dismissing the appeal against the examiner’s decision refusing to register a colour sign consisting of a combination of the colours grey and red as a Community trade mark for certain services in Class 39 — Distinctive character of a sign which is a combination of colours

Operative part of the order

1. The appeal is dismissed.

2. Deutsche Bahn AG is ordered to pay the costs.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 235/12

Order of the President of the Court of 20 March 2012 — Stichting Nederlandse Publieke Omroep, formerly Nederlandse Omroep Stichting (NOS) v European Commission

(Joined Cases C-104/11 P and C-105/11 P) (1)

2012/C 235/24

Language of the case: Dutch

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

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 303/21

Order of the President of the Court of 8 May 2012 — ThyssenKrupp Elevator (CENE) GmbH, formerly ThyssenKrupp Aufzüge GmbH, ThyssenKrupp Fahrtreppen GmbH v European Commission

(Case C-503/11 P) (1)

2012/C 303/38

Language of the case: German

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

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 258/8

Order of the Court (Seventh Chamber) of 27 April 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v U. Notermans-Boddenberg

(Case C-114/11) (1)

(Articles 18 EC and 39 EC - Motor vehicles - Use in a Member State of a private motor vehicle registered in another Member State - Taxation of that vehicle in the first Member State on the occasion of its first use on the national road network - Vehicle taken at the time of moving to the first Member State and used for both private use and for going to the place of work situated in the second Member State)

2012/C 258/12

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Staatssecretaris van Financiën

Defendant: U. Notermans-Boddenberg

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 18 EC and 39 EC (now Articles 21 TFEU and 45 TFEU) — National rules requiring payment of a registration tax on the occasion of the first use of a vehicle on the national road network — Imposition of that tax on a person who has transferred residence from another Member State, is a national of that Member State and uses, on a permanent basis, a vehicle registered in that Member State, and included in the transfer of residence, for purposes of private and work-related use involving work-related travel to that other Member State

Operative part of the order

Article 39 EC must be interpreted as not precluding legislation of a Member State which requires its residents who have moved from another Member State and have taken with them a vehicle registered in that latter Member State, on the occasion of the first use of that vehicle on the national road network, to pay a tax normally due on the registration of a vehicle in the first Member State, where that vehicle is essentially used permanently in the territory of that first Member State, even if that use includes journeys by those residents to their place of work in the second Member State.

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 303/21

Order of the President of the Court of 9 July 2012 (reference for a preliminary ruling from the Administrativen sad Varna — Bulgaria) — Dobrudzhanska petrolna kompania AD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna, pri Tsentralno upravlenie na Natsionalnata Agentsia po Prihodite

(Case C-298/11) (1)

2012/C 303/36

Language of the case: Bulgarian

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

(1) OJ C 232, 6.8.2011.
EN Official Journal of the European Union C 303/3

Order of the Court of 7 June 2012 (reference for a preliminary ruling from the Commissione tributaria provinciale di Benevento — Italy) — Volturno Trasporti Sas di Santoro Nino e c. v Camera di Commercio di Benevento, Equitalia Polis SpA

(Case C-21/11) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)

2012/C 303/03

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Benevento (Italy)

Parties to the main proceedings

Applicant: Volturno Trasporti Sas di Santoro Nino e c.

Defendants: Camera di Commercio di Benevento, Equitalia Polis SpA

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Benevento — Interpretation of Article 10(c) of Council Directive No 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ, English Special Edition 1969 (II), p. 412) — Indirect taxes on the raising of capital — Imposition of an annual fee for entry in the register of companies kept by the local chambers of commerce — Whether permissible

Operative part of the order

The reference for a preliminary ruling made by the Commissione tributaria provinciale di Benevento (Italy), by decision of 22 September 2010, is manifestly inadmissible.

(1) OJ C 95, 26.3.2011.
EN Official Journal of the European Union C 101/5

Order of the Court of 3 October 2012 — Cooperativa Vitivinícola Arousana S. Coop. Galega v Office for Harmonisation in the Internal Market (Trade Marks and Designs), María Constantina Sotelo Ares

(Case C-649/11 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Word mark ROSALIA DE CASTRO - Opposition by the proprietor of the national word mark ROSALIA)

2013/C 101/09

Language of the case: Spanish

Parties

Appellant: Cooperativa Vitivinícola Arousana S. Coop. Galega (represented by: I. Temiño Ceniceros, Abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent) and María Constantina Sotelo Ares (represented by: C. Lema Devesa, Abogado)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2010 in Case T 421/10 Cooperativa Vitivinícola Arousana v OHIM — Sotelo Ares, by which the General Court rejected the action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 (Case R 1804/2008-4) relating to opposition proceedings between María Constantina Sotelo Ares and Cooperativa Vitivinícola Arousana, S. Coop. Galega

Operative part of the order

1. The appeal is dismissed.

2. Cooperativa Vitivinícola Arousana S. Coop. Galega is ordered to pay the costs.

(1) OJ C 58, 25.2.2012.
EN Official Journal of the European Union C 366/21

Order of the Court of 12 July 2012 — Land Wien v European Commission

(Case C-608/11 P) (1)

(Appeal - Nuclear energy - Extension of the nuclear power station at Mochovce (Slovak Republic) - Commission decision to take no further action on complaint - Action for annulment - Refusal by the Commission to send the documents requested - Action for failure to act - Minimum requirements laid down in Article 44(1)(c) of the Rules of Procedure of the General Court - Inadmissibility)

2012/C 366/37

Language of the case: German

Parties

Appellant: Land Wien (represented by: W.-G. Schärf, lawyer)

Other party to the proceedings: European Commission (represented by: M. Patakia, P. Oliver and G. Wilms, agents)

Re:

Appeal against the order of the General Court (Sixth Chamber) of 20 September 2011 in Case T-267/10 Land Wien v Commission, by which the General Court dismissed the applicant’s action seeking, on the one hand, annulment of the Commission’s decision of 25 March 2010 to take no further action on its complaint regarding the project to extend blocks 3 and 4 of the nuclear power station at Mochovce (Slovak Republic) and, on the other hand, a declaration that the Commission failed to act, within the meaning of Article 265 TFEU, to the extent that not all the documents relating to that project were sent to the applicant, in breach of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43) — Infringement of the right of access to documents, of the fourth paragraph of Article 263 TFEU and of the Euratom Treaty

Operative part of the order

1. The appeal is dismissed.

2. Land Wien is ordered to pay the costs.

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 63/15

Order of the President of the Court of 14 December 2012 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Hermine Sax v Pensionsversicherungsanstalt

(Case C-538/11) (1)

2013/C 63/27

Language of the case: German

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

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 108/4

Order of the Court (Fifth Chamber) of 8 November 2012 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — SKP k.s. v Kveta Polhošová

(Case C-433/11) (1)

(Request for a preliminary ruling - Lack of adequate information on the factual and legal context of the dispute in the main proceedings - Questions submitted in a context which precludes any useful answer - Lack of information on the reasons justifying the need for a reply to the questions referred - Manifest inadmissibility)

2013/C 108/06

Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Applicant: SKP k.s.

Defendant: Kveta Polhošová

Re:

Reference for a preliminary ruling — Krajský súd v Prešove — Interpretation of Articles 5 to 9 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22), Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29), and Article 47 of the Charter of Fundamental Rights of the European Union — Concept of unfair commercial practice — Contract for the sale of goods by hire purchase concluded with a consumer and containing an unfair term — Assignment by the undertaking of the claim under the contract to a bankrupt company, making it impossible for the consumer to recover the costs of legal proceedings if she wins the case

Operative part of the order

The request for a preliminary ruling submitted by the Krajský súd v Prešove (Slovakia), by decision of 10 August 2011, is manifestly inadmissible.

(1) OJ C 340, 19.11.2011.
EN Official Journal of the European Union C 225/41

Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Jonathon Rodrigues Esteves v Companhia de Seguros Allianz Portugal SA

(Case C-486/11) (1)

(Article 99 of the Rules of Procedure - Insurance against civil liability in respect of the use of motor vehicles - Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2005/14/EC - Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles - Victim’s contribution to loss or injury - Exclusion or limitation of the right to compensation)

2013/C 225/70

Language of the case: Portuguese

Referring court

Tribunal da Relação de Guimarães

Parties to the main proceedings

Applicant: Jonathon Rodrigues Esteves

Defendant: Companhia de Seguros Allianz Portugal SA

Re:

Request for a preliminary ruling -Tribunal da Relação de Guimarães — Interpretation of Article 1a of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33) — National provisions allowing the exclusion of the right of victims to compensation for accidents on the basis of an individual assessment of their contribution to the accident

Operative part of the order

Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles must be interpreted as not precluding national provisions falling within civil liability law that allow exclusion or limitation of the right of the victim of an accident to claim compensation under the civil liability insurance of the motor vehicle involved in the accident, on the basis of an individual assessment of the exclusive or partial contribution of that victim to his own loss or injury.

(1) OJ C 355, 3.12.2011.
EN Official Journal of the European Union C 108/18

Order of the President of the Ninth Chamber of the Court of 14 November 2012 (request for a preliminary ruling from the Upper Tribunal — United Kingdom) — Anita Chieza v Secretary of State for Work and Pensions

(Case C-680/11) (1)

2013/C 108/42

Language of the case: English

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

(1) OJ C 65, 3.3.2012.
EN Official Journal of the European Union C 303/7

Order of the Court (Seventh Chamber) of 6 July 2012 (reference for a preliminary ruling from the Gyulai Törvényszék — Hungary) — HERMES Hitel és Faktor Zrt v Nemzeti Földalapkezelő Szervezet

(Case C-16/12) (1)

(Reference for a preliminary ruling - General principles of European Union law - Forestry Act - Lack of connection to European Union law - Clear lack of jurisdiction of the Court)

2012/C 303/13

Language of the case: Hungarian

Referring court

Gyulai Törvényszék

Parties to the main proceedings

Applicant: HERMES Hitel és Faktor Zrt

Defendant: Nemzeti Földalapkezelő Szervezet

Re:

Reference for a preliminary ruling — Gyulai Törvényszék — Interpretation of the general principles of European Union law — Mortgage loan contract concluded between a financial establishment and a public body — Legislative amendment declaring non-transferable certain forested areas which were previously traded — Amendment preventing public auction of the property mortgaged following legal proceedings brought by a creditor for non-performance of the contract by the debtor

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Gyulai Törvényszék (Hungary), by decision of 4 January 2012

(1) OJ C 126, 28.4.2012.
EN Official Journal of the European Union C 129/3

Order of the Court (Seventh Chamber) of 28 February 2013 — Carrols Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Giulio Gambettola

(Case C-171/12 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 51(1)(b) - Community figurative mark Pollo Tropical CHICKEN ON THE GRILL - Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL - Absolute grounds for invalidity - Bad faith - Inadmissibility)

2013/C 129/05

Language of the case: Spanish

Parties

Appellant: Carrols Corp. (represented by: I. Temiño Ceniceros, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Giulio Gambettola (represented by: F. Brandolini Kujman, abogado)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 1 February 2012 in Case T-291/09 Carrols Corp. v OHIM, by which that Court dismissed an application for annulment of the decision of the First Board of Appeal of OHIM of 7 May 2009 (Case R 632/2008-1), relating to invalidity proceedings between Carrols Corp. and Mr Giulio Gambettola

Operative part of the order

1. The appeal is dismissed.

2. Carrols Corp. shall pay the costs.

(1) OJ C 174, 16.6.2012.
EN Official Journal of the European Union C 108/9

Order of the Court of 24 January 2013 — Enviro Tech Europe Ltd v European Commission, Enviro Tech International Inc.

(Case C-118/12 P) (1)

(Appeal - Directives 67/548/EEC and 2004/73/EC - Classification, packaging and labelling of dangerous substances - Classification of n-propyl-bromide)

2013/C 108/17

Language of the case: English

Parties

Appellant: Enviro Tech Europe Ltd (represented by: C. Mereu and K. Van Maldegem, avocats)

Other parties to the proceedings: European Commission (represented by: P. Oliver and E. Manhaeve, Agents), Enviro Tech International Inc.

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 16 December 2011 in Case T-291/04 Enviro Tech Europe Ltd and Enviro Tech International, Inc. v European Commission by which the General Court dismissed an action for (i) annulment in part of Commission Directive 2004/73/EC of 29 April 2004 adapting to technical progress for the twenty-ninth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 2004 L 152, p. 1), in so far as it classifies n-propyl-bromide as a ‘highly flammable’ substance, and for (ii) damages for the loss which the applicants claim they had sustained — Legal interest in bringing proceedings — Lack of individual concern

Operative part of the order

1. The appeal is dismissed.

2. Enviro Tech Europe Ltd is ordered to pay the costs.

(1) OJ C 227, 28.7.2012.
EN Official Journal of the European Union C 108/13

Order of the Court (Tenth Chamber) of 7 February 2013 (request for a preliminary ruling from the Tribunale di Tivoli, Italy) — Elisabetta Gentile v Ufficio Finanziario della Direzione Ufficio Territoriale di Tivoli and Others

(Case C-499/12) (1)

(Request for a preliminary ruling - Charter of Fundamental Rights of the European Union - Need for a link with European Union law - Clear lack of jurisdiction of the Court)

2013/C 108/27

Language of the case: Italian

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Applicant: Elisabetta Gentile

Defendants: Ufficio Finanziario della Direzione Ufficio Territoriale di Tivoli, Fabrizio Penna, Gianfranco Di Nicola

Re:

Request for a preliminary ruling — Tribunale di Tivoli — Interpretation of Article 47 (3) of the Charter of Fundamental Rights of the European Union and of Article 6 of the European Convention on Human Rights, read in conjunction with Article 6 TEU and Article 52(3) of the Charter of Fundamental Rights — Legal aid — National legislation providing that lawyers’ fees are to be halved where the client is awarded legal aid

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to reply to the questions asked by the Tribunal di Tivoli (Italy).

(1) OJ C 26, 26.1.2013.