ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 51/15

Order of the Court (Fifth Chamber) of 23 October 2009 — Commission of the European Communities v Gerasimos Potamianos (C-561/08 P), Gerasimos Potamianos v Commission of the European Communities (C-4/09 P)

(Joined Cases C-561/08 P and C-4/09 P) (1)

(Appeal - Civil Service - Temporary agent - Non-renewal of a fixed-term contract - Act having adverse effect))

2010/C 51/23

Language of the case: French

Parties

Appellants: Commission of the European Communities (represented by: J. Curral and D. Martin, agents) (C-561/08 P), Gerasimos Potamianos (represented by: J.-N. Louis, lawyer) (C-4/09 P)

Other parties to the proceedings: Gerasimos Potamianos (represented by: J.-N. Louis, lawyer) (C-4/09 P), Commission of the European Communities (represented by: J. Curral and D. Martin, agents) (C-561/08 P)

Re:

Appeal against the judgment of the Court of First Instance of the European Communities (Seventh Chamber) of 15 October 2008 in Case T-160/04 Potamianos v Commission in which the Court held that that action brought by Mr Potamianos against the notification by the Director-General of the Directorate-General for ‘Research’, of information according to which his contract as a member of the temporary staff would not be renewed beyond its date of expiry — Concept of an act adversely affecting the official — Differences in the interpretation between the Court, first, and the Court of First Instance and the Civil Service Tribunal, second

Operative part of the order

1. The appeals are dismissed.

2. The parties shall bear their own costs.

(1) OJ C 44, 21.02.2009

OJ C 82, 04.04.2009
EN Official Journal of the European Union C 30/30

Order of the President of the Third Chamber of the Court of 16 November 2010 — European Commission v Italian Republic

(Case C-383/08) (1)

()

2011/C 30/48

Language of the case: Italian

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

(1) OJ C 301, 22.11.2008.
1.

In a situation entailing environmental pollution such as that at issue in the main proceedings: — Where the conditions for the application ratione temporis and/or ratione materiæ of Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage are not met, such a situation is governed by national law, in compliance with the rules of the Treaty, and without prejudice to other secondary legislation; — Directive 2004/35 does not preclude national legislation which allows the competent authority acting within the framework of the directive to operate on the presumption, also in cases involving diffuse pollution, that there is a causal link between operators and the pollution found on account of the fact that the operators’ installations are located close to the polluted area. However, in accordance with the ‘polluter pays’ principle, in order for such a causal link thus to be presumed, that authority must have plausible evidence capable of justifying its presumption, such as the fact that the operator’s installation is located close to the pollution found and that there is a correlation between the pollutants identified and the substances used by the operator in connection with his activities; — Articles 3(1), 4(5) and 11(2) of Directive 2004/35 must be interpreted as meaning that, when deciding to impose measures for remedying environmental damage on operators whose activities fall within Annex III to the directive, the competent authority is not required to establish fault, negligence or intent on the part of operators whose activities are held to be responsible for the environmental damage. On the other hand, that authority must, first, carry out a prior investigation into the origin of the pollution found, and it has a discretion as to the procedures, means to be employed and length of such an investigation. Second, the competent authority is required to establish, in accordance with national rules on evidence, a causal link between the activities of the operators at whom the remedial measures are directed and the pollution; — since the operators are required to take remedial measures only because they have contributed to pollution, or to the risk of pollution, the competent authority must as a rule determine the extent to which each of those operators has contributed to the pollution which it is sought to remedy, and take into account the respective contribution of those operators when it calculates the cost of the remedial actions which it charges to them, without prejudice to Article 9 of Directive 2004/35.
EN Official Journal of the European Union C 282/33

Order of the President of the Court of 23 July 2009 — Commission of the European Communities v Hellenic Republic

(Case C-5/09) (1)

2009/C 282/61

Language of the case: Greek

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

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 51/29

Order of the President of the Court of 7 December 2009 — European Commission v Slovak Republic

(Case C-207/09) (1)

2010/C 51/54

Language of the case: Slovak

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

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 100/12

Order of the Court of 22 January 2010 — Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl, Magan Italia Srl v European Commission

(Case C-69/09 P) (1)

(Expedited procedure)

2010/C 100/19

Language of the case: English

Parties

Appellants: Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl, Magan Italia Srl (represented by: K. Van Maldegem and C. Mereu, avocats)

Other party to the proceedings: European Commission (represented by: N.B. Rasmussen and L. Parpala, Agents)

Re:

Appeal brought against the order of the Court of First Instance (Sixth Chamber) of 26 November 2008 in Case T-393/06 Makhteshim-Agan Holding and Others v Commission in which the Court of First Instance declared inadmissible an action for annulment of the decision of the Commission not to submit a proposal for the inclusion of the active substance azinphos-methyl in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), allegedly contained in a letter of 12 October 2006 (D/531125) — Actionable measure

Operative part of the order

1. The application of Makhteshim-Agan Holding, Makhteshim-Agan Italia Srl and Magan Italia Srl that Case C-69/09 P be decided under an expedited procedure is rejected.

2. The costs are reserved.

(1) OJ C 82, 04.04.2009.
Official Journal of the European Union

Order of the President of the Eighth Chamber of the Court of 7 July 2010 — European Commission v Republic of Cyprus

(Case C-190/09) (1)

()

(2010/C 288/47)

Language of the case: Greek

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

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 234/30

Order of the President of the Court of 29 April 2010 (reference for a preliminary ruling from the Oberlandesgericht Wien (Austria)) — Ronald Seunig v Maria Hölzel

(Case C-147/09) (1)

()

2010/C 234/51

Language of the case: German

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

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 346/38

Order of the President of the Court of 2 September 2010 — European Commission v Ireland

(Case C-355/09) (1)

()

2010/C 346/67

Language of the case: English

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

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 252/6

Order of the Court (Fifth Chamber) of 15 February 2011 — Perfetti Van Melle SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Cloetta AB, legal successor to Cloetta Fazer AB

(Case C-353/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Invalidity proceedings - Community word mark CENTER SHOCK - Earlier national word mark CENTER - Examination of the likelihood of confusion)

2011/C 252/09

Language of the case: English

Parties

Appellant: Perfetti Van Melle SpA (represented by: P. Perani and P. Pozzi, avvocati)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent), Cloetta AB, legal successor to Cloetta Fazer AB (represented by: M. Fammler, Advocate, M. Treis, R. Niebel and E.M. Strobel, Rechstanwälte)

Re:

Appeal brought against the judgment of 1 July 2009 in Case T-16/08 Perfetti Van Melle v OHIM — Cloetta Fazer dismissing an action for annulment brought by the proprietor of Community word mark ‘CENTER SHOCK’ for goods in Class 30 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 November 2007 (Case R 149/2006-4) dismissing the appeal against the decision of the Cancellation Division granting the application for a declaration of invalidity of that mark made by the proprietor of the earlier national word marks ‘CENTER’ and ‘CLOETTA CENTER’ for goods in, inter alia, Class 30 — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94

Operative part of the order

1. The appeal is dismissed.

2. Perfetti Van Melle SpA shall pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 89/12

Order of the President of the Court of 17 November 2010 — European Commission v Italian Republic

(Case C-486/09) (1)

2011/C 89/24

Language of the case: Italian

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

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 63/25

Order of the President of the Court of 8 December 2010 — European Commission v Kingdom of Denmark

(Case C-33/10) (1)

2011/C 63/47

Language of the case: Danish

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

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 30/32

Order of the President of the Court of 26 October 2010 — European Commission v Republic of Estonia

(Case C-231/10) (1)

()

2011/C 30/56

Language of the case: Estonian

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

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 89/13

Order of the President of the Court of 9 November 2010 — KEK Diavlos v European Commission

(Case C-251/10 P) (1)

2011/C 89/26

Language of the case: Greek

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

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 80/9

Order of the Court (Eighth Chamber) of 9 September 2010 — Franssons Verkstäder AB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Lindner Recyclingtech GmbH

(Case C-290/10 P) (1)

(Appeal - Action before the General Court against a decision of the Third Board of Appeal of OHIM - Regulation (EC) No 6/2002 - Time-limit allowed for bringing proceedings - Inadmissibility due to delay - Appeal clearly unfounded)

2011/C 80/17

Language of the case: English

Parties

Appellant: Franssons Verkstäder AB (represented by: O. Öhlén, advokat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Lindner Recyclingtech GmbH

Re:

Appeal against the order of the General Court (Eighth Chamber) of 10 May 2010 in Case T-98/10 Franssons Verkstäder v OHIM in which the General Court dismissed an action brought by the proprietor of Community design No 253778-0001 (chaffcutters) against decision R 690/2007-3 of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 October 2009 annulling the decision of the Invalidity Division which rejected the application for a declaration of invalidity submitted by Lindner Recyclingtech — Time-limit allowed for bringing proceedings — Clear inadmissibility

Operative part of the order

The Court:

1. The appeal is dismissed.

2. Franssons Verkstäder AB shall bear its own costs.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 120/9

Order of the President of the Court of 3 January 2011 — European Commission v Grand Duchy of Luxembourg

(Case C-246/10) (1)

2011/C 120/19

Language of the case: French

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

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 211/21

Order of the President of the Fifth Chamber of the Court of 10 March 2011 — European Commission v Republic of Estonia

(Case C-306/10) (1)

2011/C 211/42

Language of the case: Estonian

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

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 211/21

Order of the President of the Court of 7 April 2011 (reference for a preliminary ruling from the the Unabhängiger Verwaltungssenat Salzburg — Austria) — Martin Wohl, Ildiko Veres v Magistrat der Stadt Salzburg, other party to the proceedings: Finanzamt Salzburg-Stadt

(Case C-471/10) (1)

2011/C 211/46

Language of the case: German

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

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 252/27

Order of the President of the Court of 15 June 2011 (reference for a preliminary ruling from the Tribunal Judicial de Amares (Portugal)) — Cristiano Marques Vieira v Companhia de Seguros Tranquilidade SA

(Case C-299/10) (1)

2011/C 252/57

Language of the case: Portuguese

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

(1) OJ C 234, 28.8.2010.
EN Official Journal of the European Union C 252/11

Order of the Court of 24 June 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Vorarlberg (Austria)) — proceedings brought by projektart Errichtungsgesellschaft mbH, Eva Maria Pepic, Herbert Hilbe

(Case C-476/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Free movement of capital - Article 40 of and Annex XII to the EEA Agreement - Purchase by nationals of the Principality of Liechtenstein of a secondary residence in the Land of Vorarlberg (Austria) - Procedure of prior authorisation - Admissibility)

2011/C 252/22

Language of the case: German

Referring court

Unabhängiger Verwaltungssenat des Landes Vorarlberg (Austria)

Parties to the main proceedings

projektart Errichtungsgesellschaft mbH, Eva Maria Pepic, Herbert Hilbe

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat des Landes Vorarlberg — Interpretation of Article 6(4) of Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (OJ 1988 L 178, p. 5) — Purchase of a secondary residence, situated in a Member State of the European Union, by nationals of a non-Member State, party to the European Economic Area Agreement (Liechtenstein) — National rules of that Member State making such purchases subject to an authorisation procedure

Operative part of the order

Article 40 of the European Economic Area Agreement of 2 May 1992 must be interpreted as precluding national legislation such as that at issue in the main proceedings which, on the basis of Article 6(4) of Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (article repealed by the Treaty of Amsterdam), prohibits a national of the Principality of Liechtenstein from purchasing a secondary residence situated in a Member State of the European Union, and therefore national authorities are required not to apply that national legislation.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 340/4

Order of the Court (Seventh Chamber) of 22 June 2011 — Agencja Wydawnicza Technopol sp. zoo v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Joined Cases C-54/10 P and C-55/10 P) (1)

(Appeal - Community trade mark - Refusal to register signs ‘350’, ‘250’, ‘150’, ‘222’, ‘333’ and ‘555’ as trade marks for periodicals, books and game booklets - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Obligation on OHIM to take account of its earlier decision-making practice)

2011/C 340/07

Language of the case: Polish

Parties

Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: D. Rzążewska, radca prawny)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Joined Cases T-64/07 to T-66/07 Agencja Wydawnicza Technopol v OHIM, by which that Court dismissed the three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 21 December 2006 (Cases R 1033/2006-4, R 1034/2006-4 and R 1035/2006-4) concerning applications for registration of the word marks 150, 250 and 350 as Community trade marks — Breach of Articles 7(1)(c) and 76 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Descriptive character of marks composed exclusively of figures.

Operative part of the order

1. The appeals are dismissed.

2. Agencja Wydawnicza Technopol sp. z o.o. is ordered to pay the costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 252/28

Order of the President of the Court of 16 February 2011 — European Commission v Hellenic Republic

(Case C-466/10) (1)

2011/C 252/60

Language of the case: Greek

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

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 73/9

Order of the Court of 10 November 2011 — Kalliope Agapiou Joséphidès v European Commission, the Education, Audiovisual and Culture Executive Agency (EACEA)

(Case C-626/10 P) (1)

(Appeal - Access to documents - Regulation (EC) No 1049/2001 - Article 4(1)(b) and (2), first indent - Protection of private life and integrity of the individual - Protection of commercial interests - Regulation (EC) No 58/2003 - Executive agencies - Competence to handle confirmatory requests regarding applications for access to documents - Principle of transparency - ‘Overriding public interest’ - Errors of law)

2012/C 73/15

Language of the case: French

Parties

Appellant: Kalliope Agapiou Joséphidès (represented by: C. Joséphidès and H. Joséphidès, dikigorio)

Other parties to the proceedings: European Commission (represented by: G. Rozet and M. Owsiany-Hornung, Agents), The Education, Audiovisual and Culture Executive Agency (EACEA) (represented by: H. Monet, Agent))

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 21 October 2010 in Case T-439/08 Agapiou Joséphidès v Commission and EACEA, by which the General Court dismissed the action brought by the applicant seeking annulment, first, of the decision of EACEA of 1 August 2008 relating to an application for access to documents concerning the allocation of a Jean Monnet centre of excellence to the University of Cyprus and, second, of Commission Decision C(2007) 3749 of 8 August 2007 relating to an individual decision to allocate subsidies in the context of the lifelong learning programme, a Jean Monnet sub-programme — Infringement of the right of access to documents and of the principle of transparency — Errors of law

Operative part of the order

1. The appeal is dismissed.

2. Mrs Agapiou Joséphidès is ordered to pay the costs.

(1) OJ C 103, 2.4.2011.
Order of the Court (Fifth Chamber) of 30 September 2011 — Sociedade Quinta do Portal, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Vallegre, Vinhos do Porto SA

(Case C-541/10 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Community word mark PORTO ALEGRE - Earlier national word mark VISTA ALEGRE - Relative ground for refusal - Likelihood of confusion - Declaration of invalidity of the mark)

(2012/C 25/39)

Language of the case: Portuguese

Parties

Appellant: Sociedade Quinta do Portal, SA (represented by: F. Bolota Belchior, advogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. López Ronda and G. Macias Bonilla, abogados), Vallegre, Vinhos do Porto SA

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 September 2010 in Case T-369/09 Quinta do Portal v OHIM — Vallegre, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 18 June 2009 (Case R 1012/2008-1) relating to proceedings for a declaration of invalidity between Vallegre, Vinhos do Porto SA and Sociedade Quinta do Portal, SA

Operative part of the order

1. The appeal is dismissed.

2. Quinta do Portal, SA is ordered to pay the costs.

(1) OJ C 38, 5.2.2011.
EN Official Journal of the European Union C 109/8

Order of the President of the Court of 30 January 2012 — European Commission v Republic of Austria

(Case C-516/10) (1)

2012/C 109/16

Language of the case: German

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

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 269/18

Order of the Court (Sixth Chamber) of 22 June 2011 (reference for a preliminary ruling from the Tribunale di Trani (Italy)) — Vino Cosimo Damiano v Poste Italiane SpA

(Case C-161/11) (1)

(Articles 92(1), 103(1) and 104(3) of the Rules of Procedure - Social policy - Fixed-term employment contracts - Public sector - First or only contract - Derogation from the obligation to state objective reasons - Non-discrimination principle - Lack of connection to European Union law - Clear lack of jurisdiction of the Court)

2011/C 269/31

Language of the case: Italian

Referring court

Tribunale di Trani

Parties to the main proceedings

Applicant: Vino Cosimo Damiano

Defendant: Poste Italiane SpA

Re:

Reference for a preliminary ruling — Tribunale di Trani — Interpretation of the general European Union principles of equal treatment and non-discrimination and of Articles 20 and 21 of the Charter of Fundamental Rights — Scope of those principles — Compatibility of national legislation validating in the national legal system a clause not specifying the reason for employment on a fixed-term basis for recruitment of workers at the SpA Poste Italiane

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the first question referred for a preliminary ruling by the Tribunale di Trani (Italy) by decision of 7 February 2011.

(1) OJ C 173, 11.6.2011.
EN Official Journal of the European Union C 252/29

Order of the President of the Court of 21 June 2011 (reference for a preliminary ruling from the Tribunale di Bergamo (Italy)) — Criminal proceedings against Survival Godwin

(Case C-94/11) (1)

2011/C 252/68

Language of the case: Italian

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

(1) OJ C 139, 7.5.2011.