ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 142/21

Order of the President of the Court of 27 February 2008 — Commission of the European Communities v Kingdom of the Netherlands

(Case C-120/07) (1)

(2008/C 142/37)

Language of the case: Dutch

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

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 128/28

Order of the President of the Court of 11 February 2008 — Commission of the European Communities v Portuguese Republic

(Case C-314/07) (1)

(2008/C 128/58)

Language of the case: Portuguese

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

(1) OJ C 199, 25.8.2007.
EN Official Journal of the European Union C 247/11

Order of the President of the Court of 3 June 2008 (reference for a preliminary ruling from the Landgericht Berlin — Germany) — M.C.O. Congres v Suxess GmbH

(Case C-476/07) (1)

(2008/C 247/21)

Language of the case: German

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

(1) OJ C 22, 26.1.2008.
EN Official Journal of the European Union C 209/38

Order of the President of the Court of 13 May 2008 — Commission of the European Communities v Hellenic Republic

(Case C-470/07) (1)

(2008/C 209/62)

Language of the case: Greek

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

(1) OJ C 315, 22.12.2007.
EN Official Journal of the European Union C 69/30

Order of the President of the Court of 17 December 2008 — European Parliament v Commission of the European Communities

(Case C-474/07) (1)

(2009/C 69/58)

Language of the case: English

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

(1) OJ C 297, 8.12.2007.
1.

A contract, such as the one at issue in the main proceedings, which provides for the creation of a right in rem, called a ‘surface right’, in favour of a supplier of petroleum products for a period of 25 years and authorises the latter to build a service station and to let that service station to the owner of the land for the same period as the duration of that right, and which contains clauses relating to the fixing of the retail price of goods and/or an exclusive purchasing obligation or a non-compete clause whose duration of application exceeds the time limitations laid down in Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article [81](3) of the Treaty to categories of exclusive purchasing agreements, as amended by Commission Regulation (EC) No 1582/97 of 30 July 1997 and by Commission Regulation (EC) No 270/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices, does not fall within the prohibition laid down in Article 81(1)EC provided that it is not likely to affect trade between the Member States and that it does not aim to significantly restrict competition or have that effect. It is the task of the national court to determine whether that is the case by taking account, inter alia, of the economic and legal context within which that contract is situated.
1.

Community law, in particular Article 8(3) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, read in conjunction with Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), does not preclude Member States from laying down an obligation to disclose to private third parties personal data relating to Internet traffic to enable them to initiate civil proceedings for copyright infringements. However, Community law requires that Member States, when transposing Directives 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, 2002/58 and 2004/48, ensure that they rely on an interpretation of those directives which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order. Further, when implementing the measures transposing those directives, the authorities and courts of Member States must not only interpret their national law in a manner consistent with those directives but also make sure that they do not rely on an interpretation of them which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality.
EN Official Journal of the European Union C 6/18

Order of the President of the Court of 16 October 2008 — Commission of the European Communities v Republic of Estonia

(Case C-68/08) (1)

(2009/C 6/34)

Language of the case: Estonian

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

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 236/13

Order of the President of the Court of 6 June 2008 — Commission of the European Communities v Italian Republic

(Case C-31/08) (1)

(2008/C 236/22)

Language of the case: Italian

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

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 69/32

Order of the President of the Court of 3 December 2008 — Commission of the European Communities v Republic of Austria

(Case C-181/08) (1)

(2009/C 69/71)

Language of the case: German

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

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 55/21

Order of the President of the Court of 4 December 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-240/08) (1)

(2009/C 55/37)

Language of the case: French

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

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 113/19

Order of the Court of 3 March 2009 — Christos Michail v Commission of the European Communities

(Case C-268/08 P) (1)

(Appeal - Staff case - Articles 12a and 24 of the Staff Regulations - Psychological harassment - Duty to provide assistance - Distortion of facts - Errors in the legal assessment of the facts)

2009/C 113/37

Language of the case: French

Parties

Appellant: Christos Michail (represented by: C. Meïdanis, dikigoros)

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and J. Currall, Agents, E. Bourtzalas and I. Antypas, lawyers)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) delivered on 16 April 2008 in Case T-486/04 Michail v Commission in which the Court dismissed the appellant’s action for annulment of the Commission’s implied decision of 20 March 2004 rejecting the request for assistance made by the appellant pursuant to Article 24 of the Staff Regulations — Infringement of Article 12a of the Staff Regulations — Psychological harassment — Distortion of facts — Errors made in the legal assessment of the facts

Operative part of the order

1. The appeal is dismissed.

2. The appellant is ordered to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 69/33

Order of the President of the Court of 25 November 2008 — Commission of the European Communities v Kingdom of the Netherlands

(Case C-190/08) (1)

(2009/C 69/73)

Language of the case: Dutch

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 141/35

Order of the President of the Sixth Chamber of the Court of 5 March 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-284/08) (1)

2009/C 141/67

Language of the case: English

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

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 141/34

Order of the President of the Court of 12 March 2009 — Commission of the European Communities v Ireland

(Case C-234/08) (1)

2009/C 141/64

Language of the case: English

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

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 220/31

Order of the President of the Court of 18 February 2009 (reference for a preliminary ruling from the Hoge Raad der Nederlanden Den Haag (Netherlands)) — KLG Europe Eersel BV v Reedereikontor Adolf Zeuner GmbH

(Case C-534/08) (1)

2009/C 220/63

Language of the case: Dutch

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 180/36

Order of the President of the Court of 2 April 2009 (Reference for a preliminary ruling from the Raad van State — The Netherlands) — Stichting Greenpeace Nederland (C-359/08 to C-361/08), Stichting ter Voorkoming Misbruik Genetische Manipulatie ‘VoMiGen’ (C-360/08) v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, other party: Pioneer Hi-Bred Northern Europe Sales Division GmbH

(Joined Cases C-359/08 to C-361/08) (1)

2009/C 180/64

Language of the case: Dutch

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 11/8

Order of the Court (Fifth Chamber) of 17 September 2009 (references for a preliminary ruling from the Oberlandesgericht Naumburg, Germany) — Investitionsbank Sachsen-Anhalt — Anstalt der Norddeutschen Landesbank — Girozentrale v Bezirksrevisorin beim Landgericht Magdeburg für die Landeskasse des Landes Sachsen-Anhalt

(Joined Cases C-404/08 and C-409/08) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)

2010/C 11/13

Language of the case: German

Referring court

Oberlandesgericht Naumburg, Germany

Parties to the main proceedings

Applicants: Investitionsbank Sachsen-Anhalt — Anstalt der Norddeutschen Landesbank — Girozentrale

Defendant: Bezirksrevisorin beim Landgericht Magdeburg für die Landeskasse des Landes Sachsen-Anhalt

Re:

Reference for a preliminary ruling — Oberlandesgericht Naumburg — Interpretation of Article 86 EC, in conjunction with Article 81(1)(a) and (d) and 81(2) EC — National rules granting exemption from court fees to an investment bank established by the Land

Operative part

The references for a preliminary ruling from the Oberlandesgericht Naumburg made by decisions of 1 September 2008 and 2 September 2008 are manifestly inadmissible.

(1) OJ C 327 of 20.12.2008.
EN Official Journal of the European Union C 267/23

Order of the Court of 9 July 2009 — Fornaci Laterizi Danesi SpA v Commission of the European Communities

(Case C-498/08 P) (1)

(Appeal - Action for annulment - Time-limit for bringing an action - Inadmissibility because out of time - Appeal manifestly unfounded)

2009/C 267/40

Language of the case: Italian

Parties

Appellant: Fornaci Laterizi Danesi SpA (represented by: M. Salvi, avvocato)

Other party to the proceedings: Commission of the European Communities (represented by: C. Zadra and D. Recchia, acting as Agents)

Re:

Appeal brought against the order of the Court of First Instance (First Chamber) of 9 September 2008 in Case T-224/08 Fornaci Laterizi Danesi v Commission — by which the Court of First Instance dismissed as inadmissible the application for annulment of Commission Decision 2008/25/EC of 13 November 2007 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Continental biogeographical region (OJ 2008 L 12, p. 383), in so far as a plot of land belonging to the applicant, under reference IT20A0018, was included in that list.

Operative part of the order

1. The appeal is dismissed.

2. Fornaci Laterizi Danesi SpA is ordered to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 63/43

Order of the President of the Court of 21 October 2009 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain)) — Emilia Flores Fanega v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Bolumburu S.A.

(Case C-452/08) (1)

2010/C 63/68

Language of the case: Spanish

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

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 51/13

Order of the Court of 24 November 2009 — Landtag Schleswig-Holstein v Commission of the European Communities

(Case C-281/08 P) (1)

(Appeal - Action for annulment - Access to documents - Capacity of a regional parliament to be a party to legal proceedings)

2010/C 51/20

Language of the case: German

Parties

Appellant: Landtag Schleswig-Holstein (represented by: S.R. Laskowski, Privatdozentin, and J. Caspar, Professor)

Other party to the proceedings: Commission of the European Communities (represented by: P. Costa de Oliveira and B. Mertenczuk, acting as Agents)

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) of 3 April 2008 in Case T-236/06 Landtag Schleswig-Holstein v Commission, by which the Court rejected as inadmissible an application for annulment of the Commission’s decisions of 10 March 2006 and 23 June 2006 refusing to grant the applicant access to the document SEK(2005) 420, of 22 March 2005 containing a legal analysis of a draft framework decision, under discussion in the Council, on the retention of data processed and stored in relation to the provision of publicly available electronic communications services or of data transmitted by means of the public communications networks, for purposes of the prevention, investigation, detection and prosecution of crime and criminal offences, including terrorism — Capacity of a regional parliament to be a party to legal proceedings — Right to be heard before a court — Notion of ‘legal person’ in the fourth paragraph of Article 230 EC

Operative part of the order

1. The appeal is dismissed.

2. The Landtag Schleswig-Holstein is ordered to pay the costs.

(1) OJ C 260, 11.10.2008.
Official Journal of the European Union

Order of the President of the First Chamber of the Court of 1 July 2010 — European Commission v French Republic

(Case C-200/08) (1)

()

(2010/C 288/46)

Language of the case: French

The President of the First Chamber 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 100/12

Order of the Court (Seventh Chamber) of 15 January 2010 — Messer Group GmbH v Air Products and Chemicals Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-579/08 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks Ferromix, Inomix and Alumix - Earlier word marks FERROMAXX, INOMAXX and ALUMAXX - Opposition by the proprietor of the trade mark - Relevant public - Degree of similarity - Limited distinctive character of the earlier mark - Likelihood of confusion)

2010/C 100/18

Language of the case: English

Parties

Appellant: Messer Group GmbH (represented by: W. Graf v. Schwerin and J. Schmidt, Rechtsanwälte)

Other parties to the proceedings: Air Products and Chemicals Inc. (represented by: S. Heurung, Rechtsanwältin), 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 (First Chamber) of 15 October 2008 in Joined Cases T-305/06 to 307/06 Air Products and Chemicals v OHIM, by which the Court annulled the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 12 September 2006 dismissing the appeals brought by the proprietor of the Community word marks ‘FERROMAXX’, ‘INOMAXX’ and ‘ALUMAXX’ in respect of goods in Class 1 against the Cancellation Division’s decisions which had refused, in part, the opposition filed against the applications for registration of the word marks ‘FERROMIX’, ‘INOMIX’ and ‘ALUMIX’ in respect of goods in Classes 1 and 4

Operative part of the order

1. The principal appeal and the cross-appeal are dismissed.

2. Messer Group GmbH shall bear its own costs and pay the costs incurred by Air Products and Chemicals, Inc.

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

(1) OJ C 55, 07.03.2009.
EN Official Journal of the European Union C 220/31

Order of the President of the Court of 18 June 2009 — Commission of the European Communities v Portuguese Republic

(Case C–10/09) (1)

2009/C 220/64

Language of the case: Portuguese

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 51/28

Order of the President of the Court of 30 November 2009 — Commission of the European Communities v Hellenic Republic

(Case C-183/09) (1)

2010/C 51/50

Language of the case: Greek

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 51/28

Order of the President of the Eighth Chamber of the Court of 2 December 2009 — European Commission v French Republic

(Case C-171/09) (1)

2010/C 51/49

Language of the case: French

The President of the Eighth Chamber 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 134/14

Order of the Court of 21 January 2010 — Iride SpA, Iride Energia SpA v European Commission

(Case C-150/09 P) (1)

(Appeal - State aid - Aid declared compatible with the common market on condition that its recipient repays earlier aid declared unlawful - Compatibility with Article 87(1) EC - Errors of law - Distortion of the appellants’ arguments - Failure to state grounds - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 134/21

Language of the case: Italian

Parties

Appellants: Iride SpA, Iride Energia SpA (represented by: L. Radicati di Brozolo, M. Merola and T. Ubaldi, avvocati)

Other party to the proceedings: European Commission (represented by: E. Righini and G. Conte, Agents)

Re:

APPEAL against the judgment of 11 February 2009 in Case T-25/07 Iride SpA and Iride Energia SpA, by which the Court of First Instance (Second Chamber) dismissed an application for annulment of Commission Decision 2006/941/EC of 8 November 2006 concerning State aid C 11/06 (ex N 127/05) which Italy is planning to implement for AEM Torino (OJ 2006 L 366, p. 62) in the form of subsidies intended to reimburse ‘stranded’ costs incurred in the energy sector, in so far as, first, the conclusion of that decision is that the aid constitutes State aid and/or, secondly, that decision makes payment of the aid subject to the condition that AEM Torino reimburse unlawful aid previously granted under the regime for undertakings known as ‘municipalizzate’ (local administrative bodies)

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Iride SpA and Iride Energia SpA to pay the costs.

(1) OJ C 153, 04.07.2009.
EN Official Journal of the European Union C 63/44

Order of the President of the Court of 15 December 2009 — European Commission v Grand Duchy of Luxembourg

(Case C-141/09) (1)

2010/C 63/76

Language of the case: French

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

(1) OJ C 141, 20.6.2009.
Order of the Court of 12 May 2010 — Centre de promotion de l'emploi par la micro-entreprise (CPEM) v European Commission

(Case C-350/09 P) (1)

(Appeal - European Social Fund - Financial assistance - Cancellation)

(2010/C 288/24)

Language of the case: French

Parties

Appellant: Centre de promotion de l'emploi par la micro-entreprise (CPEM) (represented by: C. Bonnefoi, avocate)

Other party to the proceedings: European Commission (represented by: L. Flynn and A. Steiblytė, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 June 2009 in Case T-444/07 CPEM v Commission dismissing the appellant’s application for annulment of Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance granted by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999 — Microprojects promoting employment and social cohesion — Infringement of the rights of the defence and the principle of equal treatment — Failure to take into account the concept of ‘co-responsibility’ — Failure to observe the principle of legal certainty as a result of the existence of several different versions of the ‘Promoter’s Guide’ — Doubts as to the applicability of Council Regulation No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) on which OLAF’s decision was based

Operative part of the order

1. The appeal is dismissed;

2. The Centre de promotion de l'emploi par la micro-entreprise (CPEM) shall pay the costs.

(1) OJ C 312, of 19.12.2009.
EN Official Journal of the European Union C 179/27

Order of the President of the Court of 25 March 2010 — European Commission v Kingdom of Belgium

(Case C-315/09) (1)

2010/C 179/44

Language of the case: French

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 30/31

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

(Case C-244/09) (1)

()

2011/C 30/49

Language of the case: German

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

(1) OJ C 233, 26.9.2009.
EN Official Journal of the European Union C 346/38

Order of the President of the Court of 24 September 2010 (reference for a preliminary ruling from the Giudice di Pace di Varese — Italy) — Mohammed Mohiuddin Siddiquee v Azienda Sanitaria Locale della Provincia di Varese

(Case C-541/09) (1)

()

2010/C 346/71

Language of the case: Italian

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

(1) OJ C 63, 13.3.2010.