ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 220/15

Order of the Court of 19 May 2009 — AMS Advanced Medical Services GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), American Medical Systems, Inc.

(Case C-565/07 P) (1)

(Appeal - Community trade mark - Figurative trade mark AMS Advanced Medical Services - Partial refusal of registration - Opposition proceedings - Appeal which has become devoid of purpose - No need to adjudicate)

2009/C 220/26

Language of the case: German

Parties

Appellant: AMS Advanced Medical Services GmbH (represented by: S. Schäffler, Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), American Medical Systems, Inc. (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, Rechtsanwälte)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 18 October 2007 in Case T-425/03 AMS v OHIM — American Medical Systems (AMS Advanced Medical Services), by which the Court of First Instance dismissed an action for annulment brought by the applicant for the figurative mark ‘AMS Advanced Medical Services’ for goods and services in Classes 5, 10 and 42 against the decision of the Fourth Board of Appeal of OHIM of 12 September 2003 annulling the decision of the Opposition Division and granting in part the opposition by the proprietor of the national word mark ‘AMS’ — Opposition proceedings — Admissibility of a request to prove the genuine use of the earlier mark made by the applicant for the first time before the Board of Appeal

Operative part of the order

The Court:

1. Declares that there is no need to adjudicate on the appeal brought by AMS Advanced Medical Services GmbH;

2. Orders AMS Advanced Medical Services GmbH to pay the costs of the present proceedings.

(1) OJ C 64, 08.03.2008.
EN Official Journal of the European Union C 69/13

Order of the Court of 28 November 2008 — Philippe Combescot v Commission of the European Communities

(Case C-525/07 P) (1)

(Appeal - Officials - Career development report - Duty to provide assistance - Mental harassment - Compensation for damage - Appeal in part manifestly inadmissible and in part manifestly unfounded)

(2009/C 69/21)

Language of the case: Italian

Parties

Appellant: Philippe Combescot (represented by: A. Maritati and V. Messa, avvocati)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall, Agent, and S. Corongiu, avocat)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-249/04 Combescot v Commission, by which the Court of First Instance dismissed an application for, first, recognition that the conduct of the appellant's hierarchical superiors was unlawful; recognition that the appellant had the right to assistance; and annulment of the appellant's career development report for the period from 1 July 2001 to 31 December 2002; and, second, payment of compensation for the damage allegedly suffered by the appellant.

Operative part of the order

1. The appeal is dismissed.

2. Mr Combescot shall pay the costs of the appeal.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 285/15

Order of the Court (Sixth Chamber) of 11 July 2008 (reference for a preliminary ruling from the Panevėžio apygardos teismas — Republic of Lithuania) — Criminal proceedings against Edgar Babanov

(Case C-207/08) (1)

(First paragraph of Article 104(3) of the Rules of Procedure - Agriculture - Free movement of goods - National legislation prohibiting the cultivation of any type of hemp)

(2008/C 285/24)

Language of the case: Lithuanian

Referring court

Panevėžio apygardos teismas

Criminal proceedings against

Edgar Babanov

Action

Reference for a preliminary ruling — Panevėžio apygardos teismas — Compatibility with the law of the European Union of national legislation providing for criminal liability for cultivating any type of hemp — Power of a court to apply national legislation when the hemp content of active substances does not exceed a certain threshold

Operative part of the judgment

1. 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) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 must be interpreted as meaning that it precludes national legislation which has the effect of prohibiting the cultivation and possession of hemp grown for fibre covered by that regulation.

2. Community law precludes the court of a Member State from applying national legislation which, contrary to Regulation No 1782/2003, has the effect of prohibiting the cultivation and possession of hemp grown for fibre covered by that regulation.

(1) OJ C 209 of 15.8.2008.
EN Official Journal of the European Union C 69/33

Order of the President of the Court of 23 December 2008 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-367/08) (1)

(2009/C 69/78)

Language of the case: English

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

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 69/33

Order of the President of the Court of 23 December 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-209/08) (1)

(2009/C 69/75)

Language of the case: French

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

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 113/29

Order of the President of the Court of 26 February 2009 — Commission of the European Communities v French Republic

(Case C-354/08) (1)

2009/C 113/59

Language of the case: French

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

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 113/29

Order of the President of the Court of 30 January 2009 — Commission of the European Communities v Republic of Austria

(Case C-291/08) (1)

2009/C 113/56

Language of the case: German

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

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 167/8

Order of the President of the Court of 8 April 2009 — Commission of the European Communities v Republic of Hungary

(Case C-374/08) (1)

2009/C 167/16

Language of the case: Hungarian

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

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 141/21

Order of the Court (Eighth Chamber) of 5 March 2009 — K & L Ruppert Stiftung & Co. Handels-KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Natália Cristina Lopes de Almeida Cunha, Cláudia Couto Simões, Marly Lima Jatobá

(Case C-90/08 P) (1)

(Appeal - Community trade mark - Application for registration of the Community figurative mark CORPO LIVRE - Opposition on the part of the proprietor of the earlier national and international word marks LIVRE - Proof of use of the earlier marks submitted out of time - Rejection of the opposition)

2009/C 141/37

Language of the case: German

Parties

Appellant: K & L Ruppert Stiftung & Co. Handels-KG (represented by: D. Spohn, Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Natália Cristina Lopes de Almeida Cunha, Cláudia Couto Simões, Marly Lima Jatobá

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 December 2007 in Case T-86/05 K & L Ruppert Stiftung v OHIM — Lopes de Almeida Cunha, Couto Simões, Lima Jatobá by which the Court dismissed an action for annulment brought by the proprietor of the national and international word marks ‘LIVRE’ for goods in Class 25 against the decision of the First Board of Appeal of OHIM of 7 December 2004 dismissing the appeal against the Opposition Division’s decision rejecting the opposition brought by that proprietor against registration of the Community figurative mark ‘CORPO LIVRE’ in respect of goods in Classes 18 and 25 — Opposition proceedings — Rejection of the opposition on the basis that the proof of use of the earlier marks was submitted out of time

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders K & L Ruppert Stiftung & Co. Handels-KG to pay the costs.

(1) OJ C 142, 07.06.2008.
EN Official Journal of the European Union C 220/16

Order of the Court (Fifth Chamber) of 11 June 2009 — Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Celia SA

(Case C-300/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Mixed word and figurative trade mark, Celia - Relative grounds for refusal of registration - Similarity of the mark for which registration is sought with an earlier mark - Mark concerning identical goods - Likelihood of confusion - Appeal manifestly inadmissible)

2009/C 220/28

Language of the case: French

Parties

Appellant: Leche Celta, SL (represented by: J. Calderón Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Celia SA (represented by: D. Masson and F. de Castelnau, avocats)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T-35/07 Leche Celta v OHIM, by which the Court of First Instance dismissed the action brought by the appellant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 concerning opposition proceedings between Leche Celta SL and Celia SA — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Relative grounds for refusal of registration of a trade mark — Likelihood of confusion linked to an application for registration of a trade mark similar to an earlier mark relating to identical goods — Visual, phonetic and conceptual comparison of the signs

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Leche Celta SL to pay the costs.

(1) OJ C 223 of 30.8.2008.
EN Official Journal of the European Union C 205/15

Order of the Court (Seventh Chamber) of 19 May 2009 — (reference for a preliminary ruling from the Amtsgericht Büdingen — Germany) — Criminal proceedings against Guido Weber

(Case C-166/08) (1)

(Article 104(3) of the Rules of Procedure - Directive 89/397/EEC - Official control of foodstuffs - Right of those subject to inspection to obtain a second opinion - Concept of person subject to inspection)

2009/C 205/27

Language of the case: German

Referring court

Amtsgericht Büdingen

Criminal proceedings against

Guido Weber

Action

Reference for a preliminary ruling — Amtsgericht Büdingen — Interpretation of the second sentence of Article 7(1) of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ 1989 L 186, p. 23) — Right of those subject to inspection to obtain a second opinion when an official control of foodstuffs is being carried out — Question whether a person liable under criminal or administrative law for the condition and labelling of a foodstuff is a person ‘subject to inspection’

Operative part of the judgment

The second sentence of Article 7(1) of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs is to be interpreted as meaning that a company which has imported and then marketed a foodstuff and whose manager, on the basis of the analysis of samples of that product taken in the retail trade, is to be held responsible by the prosecuting authorities for the condition and labelling of that product in proceedings relating to the imposition of criminal penalties or administrative fines, is to be considered a person ‘subject to inspection’ for the purposes of those provisions.

(1) OJ C 183, 19.07.2008.
EN Official Journal of the European Union C 11/9

Order of the Court of 23 September 2009 — Calebus, SA v Commission of the European Communities, Kingdom of Spain

(Case C-421/08 P) (1)

(Appeal - Protection of habitats - List of sites of Community importance for the Mediterranean biogeographical region - Commission Decision - Action for annulment brought by natural or legal persons - Admissibility - Appeal clearly unfounded)

2010/C 11/15

Language of the case: Spanish

Parties

Appellant: Calebus, SA (represented by: R. Bocanegra Sierra, abogado)

Other parties to the proceedings: Commission of the European Communities (represented by: D. Recchia and A. Alcover San Pedro, agents), Kingdom of Spain (represented by: F. Díez Moreno, agent)

Re:

Appeal brought against the order of the Court of First Instance (First Chamber) of 14 July 2008 in Case T-366/06 Calebus v Commission, in which the Court of First Instance dismissed as inadmissible the application for partial annulment of Article 1 of Annex 1 of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla’, which includes land belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region

Operative part of the order

1. The appeal is dismissed.

2. Calebus SA is ordered to bear its own costs.

3. The Kingdom of Spain is ordered to bear its own costs.

(1) OJ C 55 of 07.03.2009
EN Official Journal of the European Union C 282/33

Order of the President of the Court of 10 July 2009 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Friedrich Schulze, Jochen Kolenda, Helmar Rendenz v Deutsche Lufthansa AG

(Case C-529/08) (1)

2009/C 282/59

Language of the case: German

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

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 63/18

Order of the Court of 26 November 2009 — Região autónoma dos Açores v Council of the European Union, Commission of the European Communities, Kingdom of Spain, Seas at Risk VZW, formerly Stichting Seas at Risk Federation, WWF — World Wide Fund for Nature, Stichting Greenpeace Council

(Case C-444/08 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Regulation (EC) No 1954/2003 - Action for annulment - Inadmissibility - Regional or local body - Measures of direct and individual concern to that entity - Appeal in part clearly inadmissible and clearly unfounded)

2010/C 63/26

Language of the case: English.

Parties

Appellant: Região autónoma dos Açores (represented by: M. Renouf and C. Bryant, Solicitors)

Other parties to the proceedings: Council of the European Union (represented by: J. Monteiro and F. Florindo Gijón, Agents), Commission of the European Communities (represented by K. Banks, Agent), Kingdom of Spain (represented by N. Díaz Abad, Agent), Seas at Risk VZW, formerly Stichting Seas at Risk Federation, WWF — World Wide Fund for Nature, Stichting Greenpeace Council

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T-37/04 Região autónoma dos Açores v Council in which the Court of First Instance declared inadmissible an action for the partial annulment of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources, modifying Regulation (EEC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ 2003 L 289, p. 1) — Requirement that the contested measure must be of individual concern

Operative part of the order

1. The appeal is dismissed

2. The Região autónoma dos Açores shall pay the costs.

3. The Kingdom of Spain and the Commission of the European Communities shall bear their own costs.

(1) OJ C 327, of 20.12.2008.
EN Official Journal of the European Union C 51/27

Order of the President of the Eighth Chamber of the Court of 4 December 2009 — European Commission v Czech Republic

(Case C-544/08) (1)

2010/C 51/45

Language of the case: Czech

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

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 80/6

Order of the Court (Fifth Chamber) of 16 September 2010 — Deepak Rajani (Dear!Net Online) v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Artoz-Papier AG

(Case C-559/08 P) (1)

(Appeal - Community trade mark - Word mark ATOZ - Opposition by the proprietor of the international word mark ARTOZ - Refusal of registration)

2011/C 80/10

Language of the case: English

Parties

Appellant: Deepak Rajani (represented by: A. Kockläuner, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Artoz-Papier AG

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 in Case T-100/06 Rajani v OHIM — Artoz-Papier (ATOZ), by which that Court dismissed an action brought by the applicant for the word mark ATOZ, for services in Classes 35 and 41, against Decision R 1126/2004-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 January 2006 dismissing the appeal brought against the decision of the Opposition Division refusing registration of that mark in opposition proceedings brought by the proprietor of the international word mark ‘ARTOZ’ for services in Classes 35 and 41

Operative part of the order

1. The appeal is dismissed.

2. Mr Rajani shall pay the costs.

(1) OJ C 82, 04.04.2009.
EN Official Journal of the European Union C 148/22

Order of the President of the First Chamber of the Court of 12 March 2010 (reference for a preliminary ruling from the Landgericht Tübingen — Germany) — FGK Gesellschaft für Antriebsmechanik mbH v Notar Gerhard Schwenkel, in the presence of: Präsidentin des Landgericht Tübingen

(Case C-450/08) (1)

2010/C 148/35

Language of the case: German.

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

(1) OJ C 69, 21.03.2009.
EN Official Journal of the European Union C 11/20

Order of the President of the Court of 14 September 2009 — Commission of the European Communities v Republic of Poland

(Case C-174/09) (1)

2010/C 11/37

Language of the case: Polish

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

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 63/45

Order of the President of the Court of 5 November 2009 (reference for a preliminary ruling from the Gerechtshof te Amsterdam (Netherlands)) — Criminal proceedings against X

(Case C-297/09) (1)

2010/C 63/79

Language of the case: Dutch

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

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 51/16

Order of the Court of 17 September 2009 (reference for a preliminary ruling from the Fővárosi Bíroság (Republic of Hungary)) — Pannon GSM Távközlési Rt. v Nemzeti Hírközlési Hatóság Tanácsa

(Case C-143/09) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Accession to the European Union - Directive 2002/22/EC - Application ratione temporis - Jurisdiction of the Court)

2010/C 51/25

Language of the case: Hungarian

Referring court

Fővárosi Bíroság (Republic of Hungary)

Parties to the main proceedings

Applicant(s): Pannon GSM Távközlési Rt.

Defendant(s): Nemzeti Hírközlési Hatóság Tanácsa

Re:

Reference for a preliminary ruling — Fővárosi Bíroság — Interpretation of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ 2003 L 236, p. 33), of Articles 10, 87(1) and 249 EC and of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (‘Universal Service Directive’) (OJ 2002 L 108, p. 51) — Sharing of the net cost of the universal service obligation between providers of networks and electronic communications services — National legislation on the mechanisms for cost sharing providing for the application of rules incompatible with the directive as regards the financing of universal services provided during the year preceding the accession of the Member State in question to the European Union

Operative part

Article 13(2) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (‘Universal Service Directive’) and Annex IV to that directive do not apply to the facts of a dispute such as that in the main proceedings, which concerns a contribution in the field of electronic communications charged by the authorities of the Republic of Hungary for 2003.

(1) OJ C 153, 04.07.2009
EN Official Journal of the European Union C 148/23

Order of the President of the Sixth Chamber of the Court of 10 March 2010 — European Commission v Republic of Poland

(Case C-172/09) (1)

2010/C 148/37

Language of the case: Polish

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

(1) OJ C 167, 18.07.2009.
EN Official Journal of the European Union C 100/13

Order of the Court (Seventh Chamber) of 13 January 2010 (references for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy)) — Isabella Calestani (C-292/09), Paolo Lunardi (C-293/09) v Agenzia delle Entrate Ufficio di Parma

(Joined Cases C-292/09 and C-293/09) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)

2010/C 100/20

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma (Italy)

Parties to the main proceedings

Applicants: Isabella Calestani (C-292/09), Paolo Lunardi (C-293/09)

Defendant: Agenzi delle Entrate Ufficio di Parma

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Parma — Interpretation of Article 13B(c) 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) — Exemption of supplies of goods used wholly for an exempted activity or excluded from the right to deduction — National legislation precluding the exemption

Operative part

The references for a preliminary ruling submitted by the Commissione tributaria provinciale di Parma (Italy), by decisions of 9 and 17 June 2009, are manifestly inadmissible.

(1) OJ C 233, 26.09.2009.