ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 30/31

Order of the President of the Fifth Chamber of the Court of 25 October 2010 — European Commission v Republic of Estonia

(Case C-528/09) (1)

()

2011/C 30/50

Language of the case: Estonian

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

(1) OJ C 63, 13.03.2010.
EN Official Journal of the European Union C 301/19

Order of the President of the Court of 3 September 2010 — European Commission v Italian Republic

(Case C-366/09) (1)

()

2010/C 301/28

Language of the case: Italian

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 232/23

Order of the President of the Court of 20 May 2011 (reference for a preliminary ruling from the Oberlandesgericht Innsbruck — Austria) — Pensionsversicherungsanstalt v Andrea Schwab

(Case C-547/09) (1)

2011/C 232/36

Language of the case: German

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

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 80/8

Order of the Court of 4 October 2010 — Vladimir Ivanov v European Commission

(Case C-532/09 P) (1)

(Appeal - Action for non-contractual liability - Loss of an opportunity for recruitment - Abuse of process - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2011/C 80/14

Language of the case: French

Parties

Appellant: Vladimir Ivanov (represented by: F. Rollinger, avocat)

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Appeal brought against the order of the Court of First Instance (Third Chamber) of 30 September 2009 in Case T-166/08 Ivanov v Commission dismissing the action brought by the appellant in order to obtain compensation for the damage he allegedly suffered following a Commission decision refusing to recruit him as a local administrative and technical assistance employee at the Commission delegation in Sofia — Autonomous nature of the action for non-contractual liability as opposed to the action for annulment — Abuse of process — Possibility of the Court of First Instance raising that rule of its own motion

Operative part of the order

1. Dismisses the appeal;

2. Orders Mr Ivanov to pay the costs.

(1) OJ C 51, 27.02.2010.
2.

Clause 5 of the Framework Agreement on fixed-term work, concluded on 18 March 1999, which is annexed 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 meaning that: — it does not preclude national legislation, such as that in Article 36(5) of Legislative Decree No 165 of 30 March 2001 laying down general rules concerning the organisation of employment in public administrations, which prohibits, in the event of abuse resulting from the use of successive fixed-term employment contracts by a public sector employer, the conversion of those contracts to a contract of unlimited duration, where the internal legal order of the Member State concerned contains, in the sector under consideration, other effective measures to avoid and, as necessary, penalise the abusive use of successive fixed-term contracts. Nevertheless, it is for the national court to assess to what extent the conditions for application and the effective implementation of the relevant provisions of domestic law constitute an adequate measure for the prevention and, as necessary, penalisation of the abusive use by the public administration of successive fixed-term employment contracts or relationships; — it is, as such, in no way liable to affect the fundamental political and constitutional structures or the essential functions of the Member State concerned within the meaning of Article 4(2) TEU.
EN Official Journal of the European Union C 346/38

Order of the President of the Court of 1 September 2010 — European Commission v Republic of Austria

(Case C-223/10) (1)

()

2010/C 346/73

Language of the case: German

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 89/13

Order of the President of the Court of 17 November 2010 — European Commission v Grand Duchy of Luxembourg

(Case C-394/10) (1)

2011/C 89/29

Language of the case: French

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

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 63/17

Order of the Court (Fifth Chamber) of 6 December 2010 (reference for a preliminary ruling from the Tribunalul Dolj — Romania) — Adrian Băilă v Administrația Finanțelor Publice a Municipiului Craiova, Administrația Fondului pentru Mediu

(Case C-377/10) (1)

(Reference for a preliminary ruling - Lack of relationship with the reality or the subject-matter of the case in the main proceedings - Inadmissibility)

2011/C 63/31

Language of the case: Romanian

Referring court

Tribunalul Dolj

Parties to the main proceedings

Applicant: Adrian Băilă

Defendant: Administrația Finanțelor Publice a Municipiului Craiova, Administrația Fondului pentru Mediu

Re:

Reference for a preliminary ruling — Tribunal Dolj — Registration of second-hand vehicles previously registered in another Member State — Environmental tax on vehicles on their first registration in a given Member State — Compatibility of the national rules with Article 110 TFEU — Temporary exemption for vehicles with certain characteristics

Operative part of the order

The reference for a preliminary ruling made by the Tribunalul Dolj by decision of 9 June 2010 is manifestly inadmissible.

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 173/9

Order of the President of the Court of 7 February 2011 (reference for a preliminary ruling from the Landesarbeitsgericht Köln — Germany) — Land Nordrhein-Westfalen v Melanie Klintz

(Case C-312/10) (1)

2011/C 173/19

Language of the case: German

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

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 120/9

Order of the President of the Court of 3 February 2011 (reference for a preliminary ruling from the Juzgado Contencioso-Administrativo de Almería — Spain) — Águeda María Sáenz Morales v Consejería para la Igualdad y Bienestar Social de la Junta de Andalucía

(Case C-230/10) (1)

2011/C 120/17

Language of the case: Spanish

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

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 211/8

Order of the Court (Fifth Chamber) of 8 April 2011 (reference for a preliminary ruling from the Curtea de Apel Craiova (Romania)) — Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului pentru Mediu v Victor Vinel Ijac

(Case C-336/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Internal taxation - Article 110 TFEU - Pollution tax levied upon first registration of motor vehicles)

2011/C 211/13

Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings

Applicant: Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului pentru Mediu

Defendant: Victor Vinel Ijac

Re:

Reference for a preliminary ruling — Curtea de Apel Craiova — Registration of second-hand vehicles previously registered in other Member States — Environmental tax levied on motor vehicles upon first registration in a Member State — Whether national legislation is compatible with Article 110 TFEU

Operative part of the order

Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax affecting motor vehicles on their first registration in that Member State, if that fiscal measure is so designed as to discourage the putting into service, in that Member State, of second-hand vehicles bought in other Member States, without, however, discouraging the purchase of second-hand vehicles of the same age and condition on the national market.

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 186/17

Order of the President of the Court of 11 March 2011 (reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen — Germany) — Kashayar Khavand v Bundesrepublik Deutschland

(Case C-563/10) (1)

2011/C 186/31

Language of the case: German

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

(1) OJ C 38, 5.2.2011.
EN Official Journal of the European Union C 252/28

Order of the President of the Court of 16 February 2011 (reference for a preliminary ruling from the Tribunal Administratif de Rennes (France)) — L’Océane Immobilière SAS v Direction de contrôle fiscal Ouest

(Case C-487/10) (1)

2011/C 252/62

Language of the case: French

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

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 232/11

Order of the Court (Seventh Chamber) of 15 April 2011 (reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy)) — Danilo Debiasi v Agenzia delle Entrate Ufficio di Parma

(Case C-613/10) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)

2011/C 232/19

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma

Parties to the main proceedings

Applicant: Danilo Debiasi

Defendant: Agenzia delle Entrate Ufficio di Parma

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Parma — Interpretation of Art. 13, section A, of Directive 77/388/EEC: Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p.1) — Deduction of input tax — Public or private health establishments engaged in an exempt activity — National legislation excluding the deduction of tax referring to the purchase of goods or services used in the said exempt activities

Operative part of the order

The reference for a preliminary ruling made by the Commissione tributaria provinciale di Parma (Italy) by decision of 7 July 2010 is manifestly inadmissible.

(1) OJ C 80, 12.03.2011.
EN Official Journal of the European Union C 311/14

Order of the Court (Fifth Chamber) of 29 June 2011 — adp Gauselmann GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-532/10 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Figurative mark Archer Maclean’s Mercury - Opposition by the proprietor of the national word mark Merkur)

2011/C 311/21

Language of the case: English

Parties

Appellant: adp Gauselmann GmbH (represented by: P. Koch Moreno, abogada)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 9 September 2010 in Case T-106/09 adp Gauselmann v OHIM by which the General Court dismissed an action for annulment brought by the proprietor of the national word mark ‘Merkur’ for goods in Classes 6, 9, 28, 35, 37, 41 and 42 against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 12 January 2009 in Case R 1266/2007-1 dismissing the appeal against the Opposition Division’s decision, which rejected the opposition brought by the appellant against the registration of the figurative mark ‘Archer Maclean’s Mercury’ in respect of goods in Classes 9, 16 and 28 — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Likelihood of confusion — Criteria for assessment

Operative part of the order

1. The appeal is dismissed.

2. adp Gauselmann GmbH shall pay the costs.

(1) OJ C 38, 5.2.2011.
EN Official Journal of the European Union C 252/28

Order of the President of the Court of 2 May 2011 — European Commission v Ireland

(Case C-570/10) (1)

2011/C 252/64

Language of the case: English

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

(1) OJ C 63, 26.2.2011.
EN Official Journal of the European Union C 49/22

Order of the President of the Sixth Chamber of the Court of 22 November 2011 — European Commission v Austrian Republic

(Case C-582/10) (1)

2012/C 49/39

Language of the case: German

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

(1) OJ C 30, 29.1.2011.
Order of the Court (Sixth Chamber) of 9 September 2011 (reference for a preliminary ruling from the Corte d’appello di Milano (Italy)) — Cassina S.p.A v Alivar Srl, Galliani Host Arredamenti Srl

(Case C-198/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Industrial and commercial property - Directive 98/71/EC - Legal protection of designs - Article 17 - Obligation concerning the cumulation of design protection with copyright protection - National law precluding copyright protection in the case of designs which entered the public domain before its entry into force)

(2012/C 25/35)

Language of the case: Italian

Referring court

Corte d’appello di Milano

Parties to the main proceedings

Applicant: Cassina S.p.A

Defendants: Alivar Srl, Galliani Host Arredamenti Srl

Re:

Reference for a preliminary ruling — Corte d’appello di Milano — Interpretation of Articles 17 and 19 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs — National legislation which transposed the directive into national law by introducing copyright protection for designs — Right of a Member State to extend the conditions for the grant of such protection

Operative part of the order

Article 17 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs, must be interpreted as precluding legislation of a Member State which either excludes, either completely or within the limits of prior use, from protection by the law of copyright of that Member State designs which have entered the public domain before the entry into force of that legislation, with regard to all third parties who have previously manufactured or marketed in the national territory products based on those designs before that date.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 235/12

Order of the President of the Fourth Chamber of the Court of 28 March 2012 (reference for a preliminary ruling from the Tribunal Administratif de Saint-Denis de la Réunion — France) — Clément Amedée v Garde des sceaux, Ministre de la justice et des libertés, Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État

(Case C-572/10) (1)

2012/C 235/23

Language of the case: French

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

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 269/39

Order of the President of the Court of 15 June 2011 — European Commission v Republic of Poland

(Case C-20/11) (1)

2011/C 269/82

Language of the case: Polish

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

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 235/5

Order of the Court (Sixth Chamber) of 9 March 2012 — Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Atlas Air Inc.

(Case C-406/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Invalidity proceedings - Admissibility before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Regulation (EC) No 40/94 - Article 59 - Regulation (EC) No 2868/95 - Rule 49(1) - Stay of proceedings - Regulation (EC) No 2868/95 - Rule 20(7)(c) - Appeal manifestly inadmissible and manifestly unfounded)

2012/C 235/08

Language of the case: German

Parties

Appellant: Atlas Transport GmbH (represented by: K. Schmidt-Hern and U. Hildebrandt, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Atlas Air Inc. (represented by: R. Dissman, Agent)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) in Case T-145/08 Atlas Transport GmbH v OHIM, by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 24 January 2008 (Case R 1023/2007-1) relating to invalidity proceedings between ATLAS Air Inc. and Atlas Transport GmbH — Interpretation of Article 59 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) and of Rule 20(7)(c) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94 (OJ 1995 L 303, p. 1) — Circumstances justifying the stay in the cancellation proceedings — Application for annulment of the mark on which the opposition is founded pending before the national court

Operative part of the order

1. The appeal is dismissed.

2. Atlas Transport GmbH is ordered to pay the costs.

(1) OJ C 311, 22.10.2011.
EN Official Journal of the European Union C 311/30

Order of the President of the Court of 26 July 2011 (reference for a preliminary ruling from the Bundeskommunikationssenat (Austria)) — Publikumsrat des Österreichischen Rundfunks v Österreichischer Rundfunk

(Case C-162/11) (1)

2011/C 311/50

Language of the case: German

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

(1) OJ C 179, 18.6.2011.
EN Official Journal of the European Union C 194/8

Order of the Court (Fifth Chamber) of 29 March 2012 — Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Focus Magazin Verlag GmbH

(Case C-334/11 P) (1)

(Appeal - Community trade mark - Word mark ACNO FOCUS - Opposition by the proprietor of the national word mark FOCUS - Refusal of registration - Article 43(2) and (3) of Regulation (EC) No 40/94 - Earlier mark registered for not less than five years)

2012/C 194/13

Language of the case: English

Parties

Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Focus Magazin Verlag GmbH (represented by: R. Schweizer and J. Berlinger, Rechtsanwälte)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 14 April 2011 in Case T-466/08 Lancôme v OHIM by which that Court dismissed an action for annulment brought by the applicant for the word mark ‘ACNO FOCUS’ for goods in Class 3 against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 29 July 2008 in Case R 1796/2007-1 dismissing the appeal against the Opposition Division’s decision refusing registration of that mark in the opposition proceedings brought by the proprietor of the national word mark ‘FOCUS’ for goods and services in Classes 3, 5, 6, 7, 8, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38, 39, 41 and 42 — Interpretation and application of Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009) — Meaning of genuine use of a trade mark

Operative part of the order

The Court (Fifth Chamber):

1. Dismisses the appeal;

2. Orders Lancôme parfums et beauté & Cie to pay the costs.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 73/25

Order of the President of the Court of 24 November 2011 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Dansk Funktionærforbund, Serviceforbundet, acting on behalf of Frank Frandsen v Cimber Air A/S

(Case C-266/11) (1)

2012/C 73/46

Language of the case: Danish

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

(1) OJ C 311, 22.10.2011.
EN Official Journal of the European Union C 133/12

Order of the Court (Eighth Chamber) of 9 February 2012 (reference for a preliminary ruling from the High Court of Justice (Chancery Division) (United Kingdom) — Novartis AG v Actavis UK Ltd

(Case C-442/11) (1)

(The first subparagraph of Article 104(3) of the Rules of Procedure - Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Articles 4 and 5 - Sole active ingredient for which such a certificate is granted - Scope of protection - Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate)

2012/C 133/22

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicant: Novartis AG

Defendant: Actavis UK Ltd

Re:

Reference for a preliminary ruling — High Court of Justice (Chancery Division) — Interpretation of Articles 4 and 5 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009 L 152, p. 1) — Scope of the certificate — Protection only of medicinal products containing the protected active ingredient alone or protection also of medicinal products containing the protected active ingredient in combination with another active ingredient

Operative part of the order

Articles 4 and 5 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that, where a ‘product’ consisting of an active ingredient was protected by a basic patent and the holder of that patent was able to rely on the protection conferred by that patent for that ‘product’ in order to oppose the marketing of a medicinal product containing that active ingredient in combination with one or more other active ingredients, a supplementary protection certificate granted for that ‘product’ enables its holder, after the basic patent has expired, to oppose the marketing by a third party of a medicinal product containing that product for a use of the ‘product’, as a medicinal product, which was authorised before that certificate expired.

(1) OJ C 311, 22.10.2011.
EN Official Journal of the European Union C 235/12

Order of the President of the Court of 24 April 2012 — ThyssenKrupp Liften Ascenseurs NV v European Commission

(Case C-516/11 P) (1)

2012/C 235/28

Language of the case: Dutch

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

(1) OJ C 355, 3.12.2011.