ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 326/19

Order of the President of the Third Chamber of the Court of 21 June 2016 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — S, T v R

(Case C-492/15) (1)

(2016/C 326/34)

Language of the case: German

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

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 279/8

Order of the Court (First Chamber) of 12 May 2016 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Security Service Srl (C-692/15), Il Camaleonte Srl (C-693/15), Vigilanza Privata Turris Srl (C-694/15) v Ministero dell’Interno (C-692/15 and C-693/15), Questura di Napoli, Questura di Roma (C-692/15)

(Joined Cases C-692/15 to C-694/15) (1)

((Reference for a preliminary ruling - Rules of Procedure of the Court of Justice - Article 53(2) - Freedom of establishment and freedom to provide services - Purely internal situation - Court’s manifest lack of jurisdiction))

(2016/C 279/13)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Security Service Srl (C-692/15), Il Camaleonte Srl (C-693/15), Vigilanza Privata Turris Srl (C-694/15)

Defendants: Ministero dell’Interno (C-692/15 and C-693/15), Questura di Napoli, Questura di Roma (C-692/15)

Operative part of the order

The Court of Justice of the European Union manifestly has no jurisdiction to answer the questions referred by the Consiglio di Stato (Council of State, Italy) by decisions of 12 November 2015.

(1) OJ C 106, 21.3.2016.
Order of the Court (Tenth Chamber) of 21 September 2016 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Oviedo — Spain) — Carlos Álvarez Santirso v Consejería de Educación, Cultura y Deporte del Principado de Asturias

(Case C-631/15) (1)

((References for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Successive fixed-term employment contracts in the public sector - Non-tertiary education - National rules - Grant of remuneration supplement - Condition - Positive result obtained in evaluation process - Professors employed as interim civil servants - Not included - Principle of non-discrimination))

(2016/C 454/26)

Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo No 1 de Oviedo

Parties to the main proceedings

Applicant: Carlos Álvarez Santirso

Defendant: Consejería de Educación, Cultura y Deporte del Principado de Asturias

Operative part of the order

Clause 4(1) of the of the Framework agreement on fixed-term work, concluded on 18 March 1999, which is set out in the Annex 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 precluding national rules, such as those at issue in the main proceedings, which reserve participation in teaching evaluation plans and, in the case of a positive result, the ensuing financial incentives, exclusively for teachers employed under permanent employment relationships as established career civil servants, thereby excluding persons employed as interim civil servants under fixed-term employment relationships.

(1) OJ C 68, 22.2.2016.
EN Official Journal of the European Union C 343/16

Order of the Court (Eighth Chamber) of 7 July 2016 — Panasonic Corp. v MT Picture Display Co. Ltd, European Commission

(Case C-608/15 P) (1)

((Appeal - Rules of Procedure of the Court - Article 181 - Agreements, decisions and concerted practices - Global market for cathode ray tubes for television sets and computer monitors - Agreements and concerted practices on pricing, market-sharing, customer-allocation and output-limitation - Rights of the defence - Statement of objections - Content))

(2016/C 343/24)

Language of the case: English

Parties

Appellant: Panasonic Corp. (represented by: R. Gerrits, advocaat, M. Hoskins QC, and M. Gray, Barrister)

Other parties to the proceedings: MT Picture Display Co. Ltd, European Commission (represented by: A. Biolan and V. Bottka, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Panasonic Corp. shall bear its own costs and pay those incurred by the European Commission.

(1) OJ C 27, 25.1.2016.
EN Official Journal of the European Union C 63/5

Order of the Court (Ninth Chamber) of 10 November 2016 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Signum Alfa Sped Kft. v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság

(Case C-446/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Taxation - Value added tax - Directive 2006/112/EC - Right of deduction - Refusal - Issuer of the invoice considered not to have been the real supplier of the invoiced services - Obligation on the taxable person to carry out checks))

(2017/C 063/07)

Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary)

Parties to the main proceedings

Applicant: Signum Alfa Sped Kft.

Defendant: Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság

Operative part of the order

The provisions of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that they preclude a national practice under which the tax authorities refuse a taxable person the right to deduct value added tax which is payable or paid in respect of services supplied to it on the ground that the invoices relating to those services lack verisimilitude since the issuer of those invoices could not be the real supplier of those services, unless it is established, in the light of objective factors and without the taxable person being required to carry out checks not required of it, that that taxable person knew or should have known that those services were involved in value added tax fraud, which it is for the referring court to ascertain.

(1) OJ C 381, 16.11.2015.
Order of the Court (Seventh Chamber) of 28 September 2016 — (request for a preliminary ruling from the Tribunale di Taranto — Italy) — Criminal proceedings against Davide Durante

(Case C-438/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Cour of Justice - Identical questions referred - Articles 49 and 56 TFEU - Freedom of establishment - Freedom to provide services - Gambling - Restrictions - Overriding reasons relating to the public interest - Proportionality - Conditions taking part in a tendering procedure and evaluation of economic and financial capacity - Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions))

(2016/C 454/21)

Language of the case: Italian

Referring court

Tribunale di Taranto

Criminal proceedings against

Davide Durante

Operative part of the order

Articles 49 and 56 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, that requires operators desiring to respond to a call for tenders for the award of licences in the field of betting and gambling to produce evidence of their economic and financial capacity by means of declarations made by at least two banking establishments and does not allow that capacity to be demonstrated otherwise, provided that that provision is capable of satisfying the conditions of proportionality laid down by the Court’s case-law, which it is for the court making the reference to ascertain.

(1) OJ C 381, 16.11.2015.
EN Official Journal of the European Union C 13/9

Order of the President of the Second Chamber of the Court of 4 October 2017 (request for a preliminary ruling from the Judecătoria Câmpulung — Romania) — Dumitru Gavrilescu, Liana Gavrilescu v SC Banca Transilvania SA, formerly SC Volksbank România SA, SC Volksbank România SA — sucursala Câmpulung

(Case C-627/15) (1)

(2018/C 013/11)

Language of the case: Romanian

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

(1) OJ C 165, 10.5.2016.
EN Official Journal of the European Union C 129/12

Order of the President of the Court of 24 January 2017 (request for a preliminary ruling from the Audiencia Provincial de Cantabria — Spain) — Liberbank, SA v Rafael Piris del Campo

(Case C-431/15) (1)

(2017/C 129/14)

Language of the case: Spanish

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

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 63/11

Order of the Court (Ninth Chamber) of 15 November 2016 (request for a preliminary ruling from the Administrativen sad — Varna (Bulgaria)) — ‘MIP-TS’ OOD v Nachalnik na Mitnitsa Varna

(Case C-222/16) (1)

((Reference for a preliminary ruling - Commercial policy - Regulation (EC) No 1225/2009 - Article 13 - Circumvention - Implementing Regulation (EU) No 791/2011 - Open mesh fabrics of glass fibres originating in the People’s Republic of China - Anti-dumping duties - Implementing Regulations (EU) No 437/2012 and (EU) No 21/2013 - Consignment from Thailand - Extension of anti-dumping duties - Temporal scope - Community Customs Code - Post-clearance recovery of import duties))

(2017/C 063/16)

Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings

Applicant:‘MIP-TS’ OOD

Defendant: Nachalnik na Mitnitsa Varna

Operative part

Article 1(1) of Council Implementing Regulation (EU) No 791/2011 of 3 August 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China must be interpreted as meaning that the definitive anti-dumping duty established by that provision is applicable to imports of open mesh fabrics of glass fibres, referred to in that provision, declared as having originated in Thailand and carried out prior to the entry into force of Regulation (EU) No 437/2012 of 23 May 2012 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Implementing Regulation No 791/2011, and making those exports subject to registration, such as the imports at issue in the main proceedings, where it is established that those open mesh fabrics of glass fibres in fact originate in the People’s Republic of China.

(1) OJ C 243, 4.7.2016.
EN Official Journal of the European Union C 343/18

Order of the Court (Sixth Chamber) of 22 June 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — M. H. v M. H.

(Case C-173/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - No reasonable doubt - Jurisdiction in matrimonial matters - Regulation (EC) No 2201/2003 - Article 16(1)(a) - Determination of the time when a court is seised - Concept of ‘the time when the document instituting the proceedings or an equivalent document is lodged with the court’))

(2016/C 343/28)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Applicant: M. H.

Defendant: M. H.

Operative part of the order

Article 16(1)(a) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted to the effect that the ‘time when the document instituting the proceedings or an equivalent document is lodged with the court’, within the meaning of that provision, is the time when that document is lodged with the court concerned, even if under national law lodging that document does not of itself immediately initiate proceedings.

(1) OJ C 211, 13.6.2016.
EN Official Journal of the European Union C 112/32

Order of the President of the Court of 26 January 2017 (request for a preliminary ruling from the Audiencia Provincial de Navarra — Spain) — Instituto de Religiosas Oblatas del Santísimo Redentor v Joaquín Taberna Carvajal

(Case C-352/16) (1)

(2017/C 112/44)

Language of the case: Spanish

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

(1) OJ C 326, 5.9.2016.
EN Official Journal of the European Union C 86/21

Order of the President of the Court of 6 December 2016 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Riksåklagaren v Zenon Robert Akarsar

(Case C-148/16) (1)

(2017/C 086/26)

Language of the case: Swedish

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

(1) OJ C 175, 17.5.2016.
EN Official Journal of the European Union C 168/18

Order of the Court (Eighth Chamber) of 2 March 2017 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — Criminal proceedings against Juraj Sokáč

(Case C-497/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Drug precursors - Regulation (EC) No 273/2004 - Article 2(a) - Definition of ‘scheduled substance’ - Exclusion of medicinal products - Directive 2001/83/EC - Article 1(2) - Definition of ‘medicinal product’ - Medicinal product containing ephedrine or pseudoephedrine - Regulation (EC) No 111/2005 - Article 2(a) - Definition of ‘scheduled substance’ - Annex - Inclusion of medicinal products containing ephedrine or pseudoephedrine - No effect on the scope of Regulation (EC) No 273/2004))

(2017/C 168/23)

Language of the case: Czech

Referring court

Nejvyšší soud

Party to the criminal proceedings in the main proceedings

Juraj Sokáč

Operative part of the order

‘Medicinal products’, within the meaning of Article 1(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, which contain ‘scheduled substances’, within the meaning of Article 2(a) of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors, as amended by Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013, such as ephedrine and pseudoephedrine, remain excluded from the scope of Regulation No 273/2004 following the entry into force of Regulation No 1258/2013 and Regulation (EU) No 1259/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors.

(1) OJ C 22, 23.1.2017.
EN Official Journal of the European Union C 129/14

Order of the President of the Court of 15 December 2016 (request for a preliminary ruling from the Amtsgericht Hannover — Germany) — Andrea Witzel, Jannis Witzel, Jazz Witzel v Germanwings GmbH

(Case C-520/16) (1)

(2017/C 129/22)

Language of the case: German

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

(1) OJ C 30, 30.1.2017.
EN Official Journal of the European Union C 300/8

Order of the Court (Eighth Chamber) of 6 July 2017 — Olga Stanislavivna Yanukovych, as heir of Viktor Viktorovych Yanukovych v Council of the European Union, European Commission

(Case C-505/16 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court - Restrictive measures taken having regard to the situation in Ukraine - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name - Modification of the form of order sought - Statement submitted in the name and on behalf of the deceased applicant))

(2017/C 300/10)

Language of the case: English

Parties

Appellant: Olga Stanislavivna Yanukovych, as heir of Viktor Viktorovych Yanukovych (represented by: T. Beazley QC)

Other parties to the proceedings: Council of the European Union (represented by: P. Mahnič Bruni and J.-P. Hix, acting as Agents), European Commission (represented initially by S. Bartelt and J. Norris-Usher, and then by E. Paasivirta and J. Norris-Usher, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Mrs Olga Stanislavivna Yanukovych shall bear her own costs and pay those incurred by the Council of the European Union.

3. The European Commission shall bear its own costs.

(1) OJ C 441, 28.11.2016.
EN Official Journal of the European Union C 202/14

Order of the President of the Court of 23 March 2017 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Viseu — Portugal) — João Ventura Ramos v Fundo de Garantia Salarial

(Case C-627/16) (1)

(2017/C 202/24)

Language of the case: Portuguese

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

(1) OJ C 70, 6.3.2017.
EN Official Journal of the European Union C 63/3

Order of the Court (Seventh Chamber) of 7 December 2017 — Aughinish Alumina Ltd v Ireland, European Commission

(Case C-373/16 P) (1)

((Appeal - State aid - Article 181 of the Rules of Procedure of the Court of Justice - Exemption from excise duty on mineral oils used as fuel for alumina production - Existing or new aid - Regulation (EC) No 659/1999 - Article 1(b)(i) - Principle of the protection of legitimate expectations - Duty to state reasons))

(2018/C 063/04)

Language of the case: English

Parties

Appellant: Aughinish Alumina Ltd (represented by: C. Little and C. Waterson, Solicitors)

Intervener in support of the appellant: French Republic (represented by: R. Coesme and D. Colas, acting as Agents)

Other parties to the proceedings: Ireland, European Commission (represented by: V. Bottka and N. Khan, acting as Agents)

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders Aughinish Alumina Ltd to pay the costs.

3. Orders the French Republic to bear its own costs.

(1) OJ C 305, 22.8.2016.
EN Official Journal of the European Union C 5/14

Order of the Court (Third Chamber) of 26 October 2017 — (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Criminal proceedings against Wamo BVBA, Luc Cecile Jozef Van Mol

(Case C-356/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting the advertising of procedures relating to plastic surgery or non-surgical plastic medicine))

(2018/C 005/19)

Language of the case: Dutch

Referring court

Nederlandstalige rechtbank van eerste aanleg Brussel

Parties in the criminal proceedings in the main proceedings

Wamo BVBA, Luc Cecile Jozef Van Mol

Operative part of the order

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) must be interpreted as not precluding a provision of national law, such as that at issue in the main proceedings, which protects public health and the dignity and integrity of the professions of plastic surgeon and plastic doctor by prohibiting any natural or legal person from disseminating advertising for procedures relating to plastic surgery or non-surgical plastic medicine.

(1) OJ C 335, 12.9.2016.
Order of the Court (First Chamber) of 3 July 2019 (request for a preliminary ruling from the Juzgado de Primera Instancia No 1 de Fuenlabrada — Spain) — Bankia SA v Henry-Rodolfo Rengifo Jiménez, Sheyla-Jeanneth Felix Caiza

(Case C-92/16) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Articles 6 and 7 - Unfair terms in consumer contracts - Accelerated repayment term in a mortgage loan agreement - Article 99 of the Rules of Procedure of the Court of Justice - Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law - Declaration that the term is unfair in part - Powers of the national court when dealing with a term regarded as ‘unfair’ - Replacement of the unfair term with a provision of national law - Article 53(2) of the Rules of Procedure of the Court - Question manifestly inadmissible)

(2020/C 19/02)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 1 de Fuenlabrada

Parties to the main proceedings

Applicant: Bankia SA

Defendants: Henry-Rodolfo Rengifo Jiménez, Sheyla-Jeanneth Felix Caiza

Operative part of the order

Articles 6 and 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted, on the one hand, as precluding an accelerated repayment term found to be unfair in a mortgage loan contract from being maintained in part through the removal by the national court of the elements which render it unfair. On the other hand, those articles do not preclude the national court from remedying the invalidity of such an unfair term — the wording of which is based on a legislative provision which is applicable where the parties to the contract so agree — by replacing that term with the new wording of that legislative provision introduced after the conclusion of the contract, where the contract at issue is not capable of continuing in existence following the removal of that unfair term and where the cancellation of the contract in its entirety exposes the consumer to particularly unfavourable consequences.

(1) OJ C 156, 2.5.2016.
EN Official Journal of the European Union C 190/18

Order of the President of the Court of 16 February 2018 — Council of the European Union v PT Pelita Agung Agrindustri, European Commission, European Biodiesel Board (EBB)

(Case C-604/16 P) (1)

(2018/C 190/25)

Language of the case: English

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

(1) OJ C 30, 30.1.2017.
EN Official Journal of the European Union C 202/14

Order of the President of the Court of 30 March 2017 (request for a preliminary ruling from the Amtsgericht Aue, Zweigstelle Stollberg — Germany) — Thomas Hübner v LVM Lebensversicherungs AG

(Case C-11/17) (1)

(2017/C 202/25)

Language of the case: German

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

(1) OJ C 112, 10.4.2017.
EN Official Journal of the European Union C 13/11

Order of the President of the Court of 25 October 2017 (request for a preliminary ruling from the Amtsgericht Nürnberg — Germany) — Andreas Fabri, Elisabeth Mathes v Sun Express Deutschland GmbH

(Case C-418/17) (1)

(2018/C 013/19)

Language of the case: German

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

(1) OJ C 347, 16.10.2017.
EN Official Journal of the European Union C 374/11

Order of the Court (Tenth Chamber) of 5 July 2017 — CBA Spielapparate- und Restaurantbetriebs GmbH v Court of Justice of European Union

(Case C-87/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Action for damages - Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions - Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling - Manifest lack of jurisdiction of the EU judicature))

(2017/C 374/15)

Language of the case: German

Parties

Appellant: CBA Spielapparate- und Restaurantbetriebs GmbH (represented by: A. Schuster, Rechtsanwalt)

Other party to the proceedings: Court of Justice of European Union

Operative part of the order

1. The appeal is dismissed.

2. CBA Spielapparate- und Restaurantbetriebs GmbH shall bear its own costs.

(1) OJ C 277, 21.8.2017.