ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 108/7

Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-21/12 P) (1)

(Appeal - Community trade mark - Word mark ‘RESTORE’ - Refusal to register - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Right to be heard - Regulation (EC) No 207/2009 - Articles 7 (1(b) and (c) and 75, second sentence - Equal treatment)

2013/C 108/13

Language of the case: German

Parties

Appellant: Abbott Laboratories (represented by: R. Niebel, Rechtsanwalt)

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

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 November 2011 in Case T-363/10 Abbott Laboratories v OHIM, by which the General Court dismissed the appellant’s action against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark — Infringement of Article 7(1)(b) and (c) and of Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctiveness of the word mark RESTORE

Operative part of the order

1. The appeal is dismissed.

2. Abbott Laboratories is ordered to pay the costs.

(1) OJ C 98, 31.3.2012.
EN Official Journal of the European Union C 225/58

Order of the President of the Court of 25 June 2013 — Leifheit AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Vermop Salmon GmbH

(Case C-432/12 P) (1)

2013/C 225/123

Language of the case: German

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

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 225/51

Order of the Court (Fifth Chamber) of 13 June 2013 — Veolia Acqua Compagnia Generale delle Acque srl, in liquidation v European Commission, Italian Republic

(Case C-436/12 P) (1)

(Appeal - State aid - Aid to undertakings established in the territory of Venice and Chioggia)

2013/C 225/91

Language of the case: Italian

Parties

Appellant: Veolia Acqua Compagnia Generale delle Acque srl, in liquidation (represented by: A. Vianello, A. Bortoluzzi and A. Veglianiti, avvocati)

Other parties to the proceedings: European Commission (represented by: V. Di Bucci, G. Conte and D. Grespan, acting as Agents), Italian Republic

Re:

Appeal against the order of the General Court (Fourth Chamber) of 12 July 2012 in Case T-264/00 Compagnia Generale delle Acque v Commission, by which that court dismissed an action for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws No 30/1997 and 206/1995 (OJ 2000 L 150, p. 50) — Whether intra Community trade is affected — Impact on competition — Extent of control — Burden of proof — Duty to state reasons

Operative part of the order

1. The appeal is dismissed.

2. Veolia Acqua Compagnia Generale delle Acque srl shall pay the costs.

(1) OJ C 379, 8.12.2012.
EN Official Journal of the European Union C 225/50

Order of the Court (Ninth Chamber) of 13 June 2013 (request for a preliminary ruling from the Arbeitsgericht Nienburg — Germany) — Bianca Brandes v Land Niedersachsen

(Case C-415/12) (1)

(Social policy - Directive 2003/88/EC - Entitlement to paid annual leave - Framework agreement on part-time work - Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period - Move of that worker to a scheme of part-time work - National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week)

2013/C 225/89

Language of the case: German

Referring court

Arbeitsgericht Nienburg

Parties to the main proceedings

Applicant: Bianca Brandes

Defendant: Land Niedersachsen

Re:

Request for a preliminary ruling — Arbeitsgericht Nienburg — Interpretation of Clause 4(1) and (2) of the Annex to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9), as amended by Council Directive 98/23/EC of 7 April 1998 (OJ 1998 L 131, p. 10) — Employee changing from full-time to part-time work — Legislation of a Member State allowing, in such a case, a redistribution of unused entitlement to annual leave accrued during full-time work which results in a reduction in the number of leave days

Operative part of the order

The relevant European Union law, in particular, Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time and Clause 4(2) of the Framework Agreement on part-time work concluded on 6 June 1997, which is annexed to Council Directive 97/81/EC of 15 December 1997 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998 must be interpreted as meaning that they preclude national provisions or a national practice, such as those at issue in the main proceedings, under which the number of days of paid annual leave which a full-time worker was unable to exercise during the reference period is, due to the fact that that worker moved to a scheme of part-time work, subject to a reduction which is proportional to the difference between the number of days of work per week carried out by that worker before and after such a move to part-time work.

(1) OJ C 366, 24.11.2012.
EN Official Journal of the European Union C 377/3

Order of the Court (Sixth Chamber) of 16 October 2013 — medi GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-410/12 P) (1)

(Appeal - Community trade mark - Application for registration of the Community word mark medi - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 - Distortion of the evidence - None)

2013/C 377/04

Language of the case: German

Parties

Appellant: medi GmbH & Co. KG (represented by: D. Terheggen, Rechtsanwalt)

Other party: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 12 July 2012 in Case T-470/09 medi v OHIM by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2009 (Case R 692/2008-4) concerning an application for registration of the word sign ‘medi’ as a Community trade mark — Infringement of Article 7(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctive character of the word sign ‘medi’

Operative part of the order

1. The appeal is dismissed.

2. medi GmbH & Co. KG is ordered to pay the costs.

(1) OJ C 331, 27.10.2012.
EN Official Journal of the European Union C 175/33

Order of the President of the Eighth Chamber of the Court of 7 February 2014 (request for a preliminary ruling from the Krajský súd v Prešove — Slovakia) — SKP k.s. v Ján Bríla

(Case C-460/12) (1)

2014/C 175/42

Language of the case: Slovak

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

(1) OJ C 46, 16. 2. 2013.
EN Official Journal of the European Union C 102/2

Order of the Court (Tenth Chamber) of 14 November 2013 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Krejci Lager & Umschlagbetriebs GmbH v Olbrich Transport und Logistik GmbH

(Case C-469/12) (1)

((Request for a preliminary ruling - Area of freedom, security and justice - Brussels Convention - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 5(1)(b) - Jurisdiction - Special jurisdiction - Matters relating to a contract - Concept of ‘provision of services’ - Storage contract))

2014/C 102/02

Language of the case: German

Referring court

Handelsgericht Wien

Parties to the main proceedings

Applicant: Krejci Lager & Umschlagbetriebs GmbH

Defendant: Olbrich Transport und Logistik GmbH

Re:

Request for a preliminary ruling — Handelsgericht Wien — Interpretation of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Special jurisdiction — Concept of provision of services — Storage contract.

Operative part of the order

The second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a contract relating to the storage of goods, such as that at issue in the main proceedings, constitutes a contract for the ‘provision of services’ within the meaning of that provision.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 315/26

Order of the Court of 19 June 2014 — Hellenic Republic v European Commission

(Case C-552/12 P) (1)

((Appeal - EAGGF, EAGF and EAFRD - Expenditure excluded from European Union financing - Expenditure incurred by the Hellenic Republic))

2014/C 315/40

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: I. Chalkias and E. Leftheriotou, acting as Agents)

Other party to the proceedings: European Commission (represented by: H. Tserepa-Lacombe and A. Markoulli, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. The Hellenic Republic shall pay the costs.

(1) OJ C 32, 2.2.2013.
EN Official Journal of the European Union C 184/21

Order of the President of the Court of 26 February 2014 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Karin Gawelczyk v Generali Lebensversicherung AG

(Case C-439/12) (1)

2014/C 184/27

Language of the case: German

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

(1) OJ C 389, 15.12.2012.
EN Official Journal of the European Union C 225/54

Order of the Court (Eighth Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Gena Ivanova Cholakova v Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti

(Case C-14/13) (1)

(Request for a preliminary ruling - Articles 21(1) TFEU, 67 TFEU and 72 TFEU - Charter of Fundamental Rights of the European Union - National rules permitting a person to be detained in order to establish his identity - Lack of connection with European Union law - Clear lack of jurisdiction of the Court)

2013/C 225/99

Language of the case: Bulgarian

Referring court

Administrativen sad Sofia-grad

Parties to the main proceedings

Applicant: Gena Ivanova Cholakova

Defendant: Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti

Re:

Request for a preliminary ruling — Administrativen sad Sofia-grad — Interpretation of Article 21(1) TFEU, read in conjunction with Articles 67 TFEU and 72 TFEU and Article 52(1) of the Charter of Fundamental Rights of the European Union, read in conjunction with Articles 6 and 45(1) of the Charter — Citizenship of the European Union — Free movement of persons — Derogations — National rules permitting a person to be detained by the police in order to establish his identity when that person refuses or is unable to prove his identity — Detention of a maximum of 24 hours — Check not justified on grounds of public order, prevention of criminal activity or domestic security — Discretionary power of the police — Lack of obligation to assess the need to establish the person’s identity

Operative part of the order

It is clear that the Court of Justice of the European Union does not have jurisdiction to answer the questions referred for a preliminary ruling by the Administrativen sad Sofia-grad (Bulgaria) by decision of 17 December 2012 (Case C-14/13).

(1) OJ C 79, 16.3.2013.
EN Official Journal of the European Union C 102/31

Order of the President of the Court of 22 November 2013 (request for a preliminary ruling from the High Court of Ireland — Ireland) — Lisa Kelly v Minister for Social Protection

(Case C-403/13) (1)

2014/C 102/49

Language of the case: English

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

(1) OJ C 274, 21.9.2013.
EN Official Journal of the European Union C 377/5

Order of the Court (Sixth Chamber) of 7 October 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Società cooperativa Madonna dei miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

(Case C-82/13) (1)

(Request for a preliminary ruling - Common agricultural policy - Joint actions - Non-payment of financial aid by the Commission - Withdrawal by a Member State of its contribution - Question of fact - Internal situation - Manifest lack of jurisdiction of the Court - Description of the factual context - Insufficiency - Hypothetical question - Manifest inadmissibility)

2013/C 377/08

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Società cooperativa Madonna dei miracoli

Defendant: Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

Re:

Request for a preliminary ruling — Consiglio di Stato — Interpretation of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 185, p. 9), of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 374, p. 1), of Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (OJ 1990 L 91, p. 1), and of Commission Decision 90/342/EEC of 7 June 1990 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products (OJ 1990 L 173, p. 71) — Joint actions — Non-payment of financial aid by the Commission — Member State not having paid its contribution following the Commission’s failure to pay the aid

Operative part of the order

1. The Court of Justice of the European Union manifestly lacks jurisdiction to answer the questions referred by the Consiglio di Stato (Italy).

2. As to the remainder, the request for a preliminary ruling is manifestly inadmissible.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 112/19

Order of the Court (Sixth Chamber) of 16 January 2014 — nfon AG v Fon Wireless Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-193/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 40/94 - Figurative mark including the word element ‘nfon’ - Opposition by the proprietor of Community figurative mark including the word element ‘fon’ and of the national word mark FON - Rejection of the opposition by the Board of Appeal of OHIM))

2014/C 112/23

Language of the case: German

Parties

Appellant: nfon AG (represented by: V. von Bomhard, Rechtsanwältin)

Other parties to the proceedings: Fon Wireless Ltd (represented by: L Montoya Terán, abogada; Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 29 January 2013 in Case T-283/11 Fon Wireless v OHIM — Nfon (Nfon), by which the General Court altered the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 March 2011 (Case R 1017/2009 4) to the effect that nfon AG’s appeal to the Board of Appeal is dismissed — Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

Operative part of the order

1. The appeal is dismissed.

2. nfon AG shall bear its own costs and pay those incurred by Fon Wireless AG.

3. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.

(1) OJ C 189, 29.6.2013.
EN Official Journal of the European Union C 102/29

Order of the President of the Court of 18 December 2013 — European Commission v Republic of Finland, intervention: Kingdom of Sweden, Czech Republic, Federal Republic of Germany, Republic of Poland, Kingdom of the Netherlands, French Republic, United Kingdom of Great Britain and Northern Ireland, Republic of Estonia

(Case C-111/13) (1)

2014/C 102/42

Language of the case: Finnish

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

(1) OJ C 123, 27.4.2013.
EN Official Journal of the European Union C 184/24

Order of the President of the Court of 20 February 2014 (request for a preliminary ruling from the Curtea de Apel Alba Iulia — Romania) — Direcţia Generală a Finanţelor Publice a Judeţului Sibiu — Activitatea de Inspecţie Fiscală v Cătălin Ienciu

(Case C-313/13) (1)

2014/C 184/38

Language of the case: Romanian

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

(1) OJ C 226, 3.8.2013.
EN Official Journal of the European Union C 175/16

Order of the Court (Grand Chamber) of 3 February 2014 (requests for a preliminary ruling from the Tribunalul Sibiu and the Curtea de Apel Bucureşti — Romania) — Silvia Georgiana Câmpean v Administraţia Finanţelor Publice a Municipiului Mediaş, Administraţia Fondului pentru Mediu (Case C-97/13), Administraţia Finanţelor Publice a Municipiului Alexandria v George Ciocoiu (Case C-214/13)

(Joined Cases C-97/13 and C-241/13) (1)

((Reference for a preliminary ruling - Internal taxation - Article 110 TFEU - Pollution tax charged on first registration of motor vehicles - Neutrality of tax between imported second-hand motor vehicles and similar vehicles already on the domestic market))

2014/C 175/19

Language of the case: Romanian

Referring courts

Tribunalul Sibiu, Curtea de Apel Bucureşti

Parties to the main proceedings

Applicants: Silvia Georgiana Câmpean (Case C-97/13), Administraţia Finanţelor Publice a Municipiului Alexandria (Case C-214/13)

Defendants: Administraţia Finanţelor Publice a Municipiului Mediaş, Administraţia Fondului pentru Mediu (Case C-97/13), George Ciocoiu (Case C-214/13)

Re:

Request for a preliminary ruling — Tribunalul Sibiu, Curtea de Apel Bucureşti — Tax on pollutant emissions levied on motor vehicles on their first registration or when a right of ownership is first recorded — Exemption for motor vehicles subject to earlier taxes — Possibility of recovering through the courts the taxes to which those vehicles have been subject — Possible discouragement of the putting into circulation of second-hand vehicles purchased in other Member States — Compatibility of the national legislation with Article 110 TFEU

Operative part of the order

Article 110 TFEU must be interpreted as precluding a system of taxation, such as that introduced and then delimited by the national legislation at issue in the disputes in the main proceedings, by which a Member State levies a pollution tax on motor vehicles which is structured in such a way as to discourage the putting into circulation in that Member State of second-hand vehicles purchased in other Member States, but without discouraging the purchase of second-hand vehicles of the same age and condition on the domestic market.

(1) OJ C 129, 4.5.2013.

OJ C 189, 29.6.2013.
EN Official Journal of the European Union C 261/7

Order of the Court (Eighth Chamber) of 5 June 2014 (request for a preliminary ruling from the Augstākās tiesas (formerly Augstākās tiesas Senāts) — Latvia) — Antonio Gramsci Shipping Corp. and Others v Aivars Lembergs

(Case C-350/13) (1)

((Request for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Recognition and enforcement of provisional and protective measures - Annulment of the initial decision - Maintenance of the request for a preliminary ruling - No need to adjudicate))

2014/C 261/10

Language of the case: Latvian

Referring court

Augstākās tiesas (formerly Augstākās tiesas Senāts)

Parties to the main proceedings

Applicants: Antonio Gramsci Shipping Corp., Apollo Holdings Corp., Arctic Seal Shipping Co. Ltd, Atlantic Leader Shipping Co. Ltd, Cape Wind Trading Co. Ltd, Clipstone Navigation SA, Dawnlight Shipping Co. Ltd, Dzons Rids Shipping Co., Faroship Navigation Co. Ltd, Gaida Shipping Co., Gevostar Shipping Co. Ltd, Hose Marti Shipping Co., Imanta Shipping Co. Ltd, Kemeri Navigation Co., Klements Gotvalds Shipping Co., Latgale Shipping Co. Ltd, Limetree Shipping Co. Ltd, Majori Shipping Co. Ltd, Noella Marītime Co. Ltd, Razna Shipping Co., Sagewood Trading Inc., Samburga Shipping Co. Ltd, Saturn Trading Co., Taganroga Shipping Co., Talava Shipping Co. Ltd, Tangent Shipping Co. Ltd, Viktorio Shipping Co., Wilcox Holding Ltd, Zemgale Shipping Co. Ltd, Zoja Shipping Co. Ltd

Defendant: Aivars Lembergs

Operative part of the order

There is no need to give a ruling on the request for a preliminary ruling made by the Augstākās tiesas Senāts (Latvia) by decision of 12 June 2013.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 184/9

Order of the Court (Eighth Chamber) of 13 February 2014 (request for a preliminary ruling from the Tribunal Arbitral — Portugal) — Merck Canada Inc. v Accord Healthcare Ltd, Alter SA, Labochem Ltd, Synthon BV, Ranbaxy Portugal — Comércio e Desenvolvimento de Produtos Farmacêuticos, Unipessoal Lda

(Case C-555/13) (1)

((Request for a preliminary ruling - ‘Court or tribunal’ for the purposes of Article 267 TFEU - Tribunal Arbitral necessário - Admissibility - Regulation (EC) No 469/2009 - Article 13 - Supplementary protection certificate for medicinal products - Period of validity of a certificate - Maximum period of exclusivity))

2014/C 184/12

Language of the case: Portuguese

Referring court

Tribunal Arbitral

Parties to the main proceedings

Applicant: Merck Canada Inc.

Defendants: Accord Healthcare Ltd, Alter SA, Labochem Ltd, Synthon BV, Ranbaxy Portugal — Comércio e Desenvolvimento de Produtos Farmacêuticos, Unipessoal Lda

Re:

Request for a preliminary ruling — Tribunal Arbitral — Interpretation of Article 13 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 (Codified version) (OJ 2009 L 152, p. 1) — Duration of the certificate — Exclusivity period exceeding a maximum of 15 years from the first authorisation to be placed on the market of the medicinal product in question in the European Union

Operative part of the order

Article 13 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, read in conjunction with recital 9 to the same regulation, must be interpreted as meaning that it precludes the holder of both a patent and a supplementary protection certificate from relying on the entire period of validity of such a certificate, calculated in accordance with Article 13, in a situation where, pursuant to such a period, it would enjoy a period of exclusivity as regards an active ingredient, of more than 15 years from the first authorisation to be placed on the market, in the European Union, of a medicinal product consisting of that active ingredient, or containing it.

(1) OJ C 15, 18. 1. 2014.