ddrg/super_eurlex huggingface dataset:
Order of the Court of 30 June 2010 — Royal Appliance International GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), BSH Bosch und Siemens Hausgeräte GmbH

(Case C-448/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Earlier mark ‘sensixx’ - Word mark ‘Centrixx’ - Relative ground for refusal - Likelihood of confusion - Application for revocation of an earlier mark - Proceedings pending before the national courts - Request for a stay of the proceedings before the General Court)

(2010/C 288/27)

Language of the case: German

Parties

Appellant: Royal Appliance International GmbH (represented by: K.-J. Michaeli and M. Schork, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent), BSH Bosch und Siemens Hausgerate GmbH (represented by: S. Biagosch, Rechtsanwalt)

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 15 September 2009 in Case T-446/09 Royal Appliance International v OHIM — BSH Bosch und Siemens Hausgeräte, by which the Court of First Instance dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 3 October 2007, rejecting the registration of the word mark ‘Centrixx’ as a Community trade mark for certain goods in Class 7, by granting the opposition by the proprietor of the national word mark ‘sensixx’ — Failure to stay the proceedings while awaiting the resolution of the dispute pending before the national courts concerning the application for revocation of the earlier mark — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion between two marks

Operative part of the order

1. The appeal is dismissed.

2. Royal Appliance International GmbH is ordered to pay the costs.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 234/19

Order of the Court of 12 May 2010 — Pigasos Alieftiki Naftiki Etairia v Council of the European Union and European Commission

(Case C-451/09 P) (1)

(Appeal - Non-contractual liability - Proof of Community origin of products fished by a vessel owned by a company registered under Greek law - Failure to adopt provisions permitting the customs authorities of the Member States to accept documents issued by a non-Member State, other than form T2M)

2010/C 234/29

Language of the case: Greek

Parties

Appellant: Pigasos Alieftiki Naftiki Etairia (represented by: N. Skandamis and E. Perakis, dikigoroi)

Other parties to the proceedings: Council of the European Union (represented by: F. Florindo Gijón and M. Balta, acting as Agents), European Commission (represented by: M. Patakia and B.-R. Killmann, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-162/07 Pigasos Alieftiki Naftiki Etairia v Council and Commission, in which that Court dismissed an action for damages to compensate for the damage alleged to have been suffered by the applicant as a result of the fact that the Council and the Commission did not adopt provisions enabling the customs authorities of a Member State, in this case the Greek customs authorities, to accept as proof of the Community nature of products fished by a Greek vessel belonging to the applicant documents issued by a third State other than the T2M form provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 (JO 1993 L 253, p. 1)

Operative part of the order

1. The appeal is dismissed.

2. Pigasos Alieftiki Naftiki Etairia is ordered to pay the costs.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 80/17

Order of the President of the Court of 22 September 2010 — European Commission v Republic of Poland

(Case C-455/09) (1)

2011/C 80/32

Language of the case: Polish

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

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 346/37

Order of the President of the Court of 1 July 2010 — European Commission v Ireland

(Case C-95/09) (1)

()

2010/C 346/65

Language of the case: English

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

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 211/6

Order of the Court (Fifth Chamber) of 7 April 2011 (reference for a preliminary ruling from the Arbeitsgericht Wuppertal — Germany) — Dieter May v AOK Rheinland/Hamburg — Die Gesundheitskasse

(Case C-519/09) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Social policy - Organisation of working time - Directive 2003/88/EC - Scope ratione personae - Annual leave coinciding with sick leave - Compensation payment in respect of sickness - Concept of worker - Employees subject to the regulations concerning annual leave of public servants (‘Dienstordnungsangestellte’))

2011/C 211/10

Language of the case: German

Referring court

Arbeitsgericht Wuppertal (Germany)

Parties to the main proceedings

Applicant: Dieter May

Defendant: AOK Rheinland/Hamburg — Die Gesundheitskasse

Re:

Reference for a preliminary ruling — Arbeitsgericht Wuppertal — Interpretation of Articles 1(3) and 7(1) and (2) 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 (OJ 2003 L 299, p. 9) — Entitlement to a compensatory payment for annual leave that has not been taken in full because of illness — Scope ratione personae of Directive 2003/88/EC — Employees of social security institutions performing tasks comparable to those of the public service and who are subject to the working-time rules of public servants (‘Dienstordnungsangestellte’).

Operative part of the order

Article 7(1) and (2) of Directive 2003/88 of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, must be interpreted as meaning that the concept of ‘worker’ includes an employee of a public-law body in the social security sector subject to, in particular as regards their entitlement to paid annual leave, rules applicable to public servants.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 195/15

Order of the President of the Fourth Chamber of the Court of 22 April 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Prof. Dr. Claus Scholl v Stadtwerke Aachen AG

(Case C-146/09) (1)

2010/C 195/23

Language of the case: German

The President of the Fourth 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 30/31

Order of the President of the Court of 9 November 2010 — European Commission v Portuguese Republic

(Case C-103/10) (1)

()

2011/C 30/52

Language of the case: Portuguese

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

(1) OJ C 113, 01.05.2010.
Official Journal of the European Union

Order of the President of the Court of 12 July 2010 — European Commission v Grand Duchy of Luxembourg

(Case C-100/10) (1)

()

(2010/C 288/51)

Language of the case: French

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

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 89/4

Order of the Court (Fifth Chamber) of 15 December 2010 (reference for a preliminary ruling from the Audiencia Provincial de Oviedo — Spain) — Angel Lorenzo González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE

(Case C-352/10) (1)

(Reference for a preliminary ruling - Inadmissibility)

2011/C 89/07

Language of the case: Spanish

Referring court

Audiencia Provincial de Oviedo

Parties to the main proceedings

Applicant: Angel Lorenzo González Alonso

Defendant: Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE

Re:

Reference for a preliminary ruling — Audiencia Provincial de Oviedo — Interpretation of Article 3(2)(d) of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 L 372, p. 31) — Contract, concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium invested in various products of the company itself

Operative part of the order

The reference for a preliminary ruling made by the Audiencia Provincial de Oviedo by decision of 22 June 2010 is manifestly inadmissible.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 63/25

Order of the President of the Court of 23 November 2010 — European Commission v Portuguese Republic

(Case C-208/10) (1)

2011/C 63/48

Language of the case: Portuguese

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

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 120/9

Order of the President of the Court of 10 January 2011 — European Commission v Italian Republic

(Case C-291/10) (1)

2011/C 120/22

Language of the case: Italian

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

(1) OJ C 221, 14.08.2010.
EN Official Journal of the European Union C 120/10

Order of the President of the Court of 10 January 2011 — European Commission v Hellenic Republic

(Case C-410/10) (1)

2011/C 120/26

Language of the case: Greek

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

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 211/21

Order of the President of the Court of 30 March 2011 (reference for a preliminary ruling from the Raad Van State — Netherlands) — Johan van Leendert Holding BV v Minister van Sociale Zaken en Werkgelegenheid

(Case C-158/10) (1)

2011/C 211/39

Language of the case: Dutch

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

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 186/17

Order of the President of the Court of 9 March 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Canarias — Spain) — María Luisa Gómez Cueto v Administración del Estado

(Case C-517/10) (1)

2011/C 186/30

Language of the case: Spanish

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

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 252/9

Order of the Court (Sixth Chamber) of 2 March 2011 — Claro SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Telefónica SA

(Case C-349/10 P) (1)

(Appeal - Community trade mark - Refusal of registration - Admissibility of the appeal before the Board of Appeal - Failure to file a statement setting out the grounds of appeal - Article 59 of Regulation (EC) No 40/94 - Rule 49(1) of Regulation (EC) No 2868/95 - Appeal manifestly unfounded)

2011/C 252/16

Language of the case: Spanish

Parties

Appellant: Claro SA (represented by: E. Armijo Chávarri, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Telefónica SA

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 28 April 2010 in Case T-225/09 Claro v OHIM and Telefónica, by which the General Court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2) concerning opposition proceedings between Telefónica, SA and BCP S/A

Operative part of the order

1. The appeal is dismissed.

2. Claro SA shall pay the costs.

(1) OJ C 234, 28.8.2010.
EN Official Journal of the European Union C 232/11

Order of the Court of 14 April 2011 — Luigi Marcuccio v Court of Justice of the European Union

(Case C-460/10 P) (1)

(Appeal - Non-contractual liabity - Representation of the appellant - Lawyer not authorised to act - Service of an appeal - Claim for damages - Court of Justice of the European Union - Rejection - Action for annulment - Harm allegedly suffered - Action for damages - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2011/C 232/18

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: Court of Justice of the European Union (represented by: A. V. Placco, agent)

Re:

Appeal against the order of the General Court (Sixth Chamber) of 6 July 2010 in Case T-401/09 Marcuccio v Commission, in which that court dismissed, first, the action for annulment of the purported decisions of the Court of Justice dismissing the claim for compensation for the harm allegedly suffered as a result of an alleged unlawful act committed when the appeal was served on Mr Luigi Marcuccio in Case T-20/09 P and, second, a claim for damages.

Operative part of the order

1. The appeal is dismissed.

2. Mr Marcuccio is orderd to pay the costs of the appeal.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 311/13

Order of the Court (Fifth Chamber) of 13 July 2011 (reference for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului pentru Mediu v Claudia Norica Vijulan

(Case C-335/10) (1)

(Article 104(3), first subparagraph of the Rules of Procedure - Domestic taxation - Article 110 TFEU - Pollution tax levied at the time of registration of motor vehicles)

2011/C 311/18

Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings

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

Defendant: Claudia Norica Vijulan

Re:

Reference for a preliminary ruling — Curtea de Apel Craiova — Registration of second-hand cars previously registered in other Member States — Environmental tax levied on motor vehicles at the time of their first registration in a given Member State — Compatibility of the national legislation with Art. 110 TFEU — Temporary exemption for vehicles having certain characteristics

Operative part of the order

Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax levied on motor vehicles at the time of their first registration in that Member State, where that tax measure is designed to discourage putting second-hand vehicles purchased in other Member States into circulation in that Member State, without discouraging the purchase of second-hand vehicles of comparable age and use on the domestic market.

(1) OJ C 274, 09.10.2010.
EN Official Journal of the European Union C 252/27

Order of the President of the Second Chamber of the Court of 23 May 2011 (reference for a preliminary ruling from the Arbeitsgericht Siegburg (Germany)) — Hüseyin Balaban v Zelter GmbH

(Case C-86/10) (1)

2011/C 252/52

Language of the case: German

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

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 49/22

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

(Case C-568/10) (1)

2012/C 49/38

Language of the case: German

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

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 340/5

Order of the Court of 22 June 2011 — Grúas Abril Asistencia, SL v European Commission

(Case C-521/10 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Alleged infringements of the provisions of European Union law relating to competition - Application seeking to require the Commission to initiate proceedings against a Member State for failure to fulfil obligations)

2011/C 340/09

Language of the case: Spanish

Parties

Appellant: Grúas Abril Asistencia, SL (represented by: R. García García, lawyer)

Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and F. Castilla Contreras, Agents)

Re:

Appeal against the order of the General Court (Second Chamber) of 24 August 2010 in Case T-386/09 Grúas Abril Asistencia v Commission, by which the General Court dismissed an action seeking annulment of the Commission’s letter of 7 August 2009 informing the then applicant that the facts in respect of which it had lodged a complaint with the Commission did not permit the conclusion that there had been an infringement of Articles 81 EC, 82 EC and 86 EC and that no action would be taken in respect of its complaint.

Operative part of the order

1. The appeal is dismissed.

2. Grúas Abril Asistencia, SL is ordered to pay the costs.

(1) OJ C 30, 29.01.2011.
EN Official Journal of the European Union C 126/10

Order of the President of the Court of 14 February 2012 (references for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Sezione Terza (Italy)) — Enipower SpA (C-328/10), ENI SpA (C-329/10), Edison Trading SpA (C-330/10), E.On Produzione SpA (C-331/10), Edipower SpA (C-332/10), E.On Energy Trading SpA (C-333/10) v Autorità per l’energia elettrica e il gás (C-328/10 to C-333/10), Cassa Conguaglio per il Settore Elettrico (C-329/10) intervening parties: Terna Rete Elettrica Nazionale SpA (C-328/10, C-329/10, C-331/10 and C-332/10), Ministero dello Sviluppo Economico (C-328/10 and C-329/10), Gestore dei Servizi Elettrici SpA (C-331/10)

(Joined Cases C-328/10 to C-333/10) (1)

2012/C 126/20

Language of the case: Italian

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

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 73/9

Order of the Court of 13 October 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission

(Case C-560/10 P) (1)

(Appeal - Public service contracts - Management and maintenance of the ‘Your Europe’ portal - Rejection of the tender - Regulations (EC, Euratom) No 1605/2002 and No 2342/2002 - Full copy of the evaluation report - Principles of transparency and equal treatment - Rights to good administration and to a fair hearing - Errors of law - Distortion of the evidence - Clear inadmissibility - Clearly unfounded ground of appeal)

2012/C 73/14

Language of the case: English

Parties

Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis, dikigoros)

Other party to the proceedings: European Commission (represented by: S. Delaude and N. Bambara, Agents)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 9 September 2010 in Case T-300/07 Evropaïki Dynamiki v Commission annulling the Commission’s decision of 13 July 2007 rejecting the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in tendering procedure ENTR/05/78 for Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal and awarding that contract to another tenderer

Operative part of the order

1. The appeal is dismissed.

2. Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE shall pay the costs.

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 252/28

Order of the President of the Court of 21 June 2011 (reference for a preliminary ruling from the Tribunale di Ragusa (Italy)) — Criminal proceedings against Mohamed Mrad

(Case C-60/11) (1)

2011/C 252/66

Language of the case: Italian

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

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 73/25

Order of the President of the Court of 13 December 2011 (reference for a preliminary ruling from the Hessisches Landessozialgericht, Darmstadt — Germany) — Angela Strehl v Bundesagentur für Arbeit Nürnberg

(Case C-531/11) (1)

2012/C 73/48

Language of the case: German

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

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 235/4

Order of the Court (Sixth Chamber) of 1 March 2012 (reference for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — Star Coaches s. r. o. v Finanční ředitelství pro hlavní město Prahu

(Case C-220/11) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - VAT Directive - Special tax scheme for travel agents - Supply to travel agents of a coach transport service but no other services)

2012/C 235/05

Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings

Applicant: Star Coaches s. r. o.

Defendant: Finanční ředitelství pro hlavní město Prahu

Re:

Reference for a preliminary ruling — Nejvyšší správní soud — Interpretation of Article 306 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Application of the special scheme for travel agents to an economic operator which, without being a travel agent, supplies travel agents with a bus transport service but no other transport services

Operative part of the order

A transport company which merely carries out the transport of persons by providing coach transport to travel agents and does not provide any other services such as accommodation, tour guiding or advice does not effect transactions falling within the special scheme for travel agents in Article 306 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax.

(1) OJ C 219, 23.7.2011.
EN Official Journal of the European Union C 235/12

Order of the President of the Court of 19 April 2012 (reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság — Hungary) — IBIS Srl v PARTIUM ’70 Műanyagipari Zrt

(Case C-490/11) (1)

2012/C 235/27

Language of the case: Hungarian

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

(1) OJ C 370, 17.12.2011.
EN Official Journal of the European Union C 194/7

Order of the Court of 22 March 2012 — Cantiere navale De Poli SpA v European Commission

(Case C-167/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - State aid - Incompatibility with the common market - Commission Decision - Alteration to existing aid - Regulation (EC) No 794/2004 - Regulation (EC) No 1177/2002 - Temporary defensive mechanism for shipbuilding)

2012/C 194/10

Language of the case: Italian

Parties

Appellant: Cantiere navale De Poli SpA (represented by: A. Abate and A. Franchi, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and C. Urraca Caviedes, Agents)

Intervener in support of the applicant: Italian Republic (represented by: G. Palmieri, Agent, P. Gentili, avvocato dello Stato)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T-584/08 Cantieri Navale De Poli v Commission, by which the Court dismissed the action for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50)

Operative part of the order

1. The appeal is dismissed.

2. Cantiere navale De Poli SpA is ordered to pay the costs.

3. The Italian Republic is to bear its own costs.

(1) OJ C 173, 11.6.2011.