ddrg/super_eurlex huggingface dataset:
1.

Consideration of the first question referred has disclosed no factor of such a kind as to affect the validity of Article 24(2) of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector, Article 27(3) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector, Article 1 of Commission Regulation (EC) No 2073/2000 of 29 September 2000 reducing, for the 2000/2001 marketing year, the guaranteed quantity under the production quotas scheme for the sugar sector and the presumed maximum supply needs of sugar refineries under the preferential import arrangements, Article 11(2) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector, Article 1 Commission Regulation (EC) No 1745/2002 of 30 September 2002 reducing, for the 2002/2003 marketing year, the guaranteed quantity under the production quotas scheme for the sugar sector and the presumed maximum supply needs of sugar refineries under the preferential import arrangements or Article 1 of Commission Regulation (EC) No 1739/2003 of 30 September 2003 reducing, for the 2003/2004 marketing year, the guaranteed quantity under the production quotas for the sugar sector and the presumed maximum supply needs of sugar refineries under preferential imports.
EN Official Journal of the European Union C 142/21

Order of the President of the Court of 1 April 2008 (reference for a preliminary ruling from the Corte Suprema Di Cassazione — Italy) — Ministero dell'Economia e delle Finanze and Agenzie delle Entrate v Porto Antico di Genova SpA

(Case C-149/06) (1)

(2008/C 142/35)

Language of the case: Italian

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

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 51/39

Order of the President of the Court of 20 November 2007 — Commission of the European Communities v Portuguese Republic

(Case C-206/07) (1)

(2008/C 51/69)

Language of the case: Portuguese

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

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 22/39

Order of the President of the Court of 8 October 2007 — Commission of the European Communities v Ireland

(Case C-20/07) (1)

(2008/C 22/69)

Language of the case: English

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

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 92/24

Order of the President of the Fifth Chamber of the Court of 13 February 2008 — Commission of the European Communities v Kingdom of Belgium

(Case C-8/07) (1)

(2008/C 92/47)

Language of the case: Dutch

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

(1) OJ C 69, 24.3.2007.
EN Official Journal of the European Union C 79/24

Order of the President of the Court of 17 January 2008 — Commission of the European Communities v Portuguese Republic

(Case C-434/07) (1)

(2008/C 79/46)

Language of the case: Portuguese

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

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 142/10

Order of the Court of 8 April 2008 — Saint-Gobain Glass Deutschland GmbH v Fels-Werke GmbH, Spenner-Zement GmbH & Co KG, Commission of the European Communities

(Case C-503/07 P) (1)

(Appeal - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Integrated pollution prevention and reduction - Federal Republic of Germany - Allocation of allowances - Period 2008-2012 - Conditions - Individual concern - Inadmissibility - Right to be heard by a court - Right to a fair hearing)

(2008/C 142/15)

Language of the case: German

Parties

Appellant: Saint-Gobain Glass Deutschland GmbH (represented by: H. Posser and S. Altenschmidt, Rechtsanwälte)

Other parties to the proceedings: Fels-Werke GmbH, Spenner-Zement GmbH & Co KG, Commission of the European Communities (represented by: U. Wölker, Agent)

Re:

Appeal brought against the Order of the Court of First Instance (Third Chamber) of 11 September 2007 in Case T-28/07 Fels-Werke and Others v Commission, by which the Court dismissed as inadmissible the action seeking partial annulment of the Commission Decision of 29 November 2006 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32) — Requirement to be individually concerned by the contested decision — Right to be heard by a court and right to a fair hearing

Operative part of the order

1. The appeal is dismissed.

2. Saint-Gobain Glass Deutschland GmbH is ordered to pay the costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 128/16

Order of the Court (Fifth Chamber) of 15 February 2008 — Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-243/07) (1)

(Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Word sign ‘terranus’ - Refusal of registration)

(2008/C 128/27)

Language of the case: German

Parties

Appellant: Carsten Brinkmann (represented by: K. van Bebber, Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Terra Networks SA

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 in Case T 322/05 Brinkmann v OHIM — Terra Networks (Terranus) dismissing the action brought by the applicant for the Community word mark ‘TERRANUS’ (for goods in Class 36) for annulment of Decision R 1145/2004-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 June 2005, by which the appeal against the decision of the Opposition Division to refuse registration of the mark was dismissed in opposition proceedings brought by the holder of the Community trade mark and national figurative mark ‘TERRA’ for goods in Class 36 — Likelihood of confusion between the two marks

Operative part of the order

1. The appeal is dismissed.

2. Mr Brinkmann is ordered to pay the costs.

(1) OJ C 199, 25.8.2007.
EN Official Journal of the European Union C 223/39

Order of the President of the Court of 30 April 2008 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Josef Holzinger v Bundesministerium für Bildung, Wissenschaft und Kultur

(Case C-332/07) (1)

(2008/C 223/66)

Language of the case: German

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

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 209/38

Order of the President of the Sixth Chamber of the Court of 23 April 2008 — Commission of the European Communities v Czech Republic

(Case C-116/07) (1)

(2008/C 209/60)

Language of the case: Czech

The President of the Sixth Chamber 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 69/11

Order of the Court of 25 November 2008 — Territorio Energia Ambiente SpA (TEA) v Commission of the European Communities

(Case C-500/07 P) (1)

(Appeal - Action for annulment - Time limit for bringing proceedings - Starting point - Action seeking a ruling from the Court of First Instance on the personal scope of a Commission decision - Manifest lack of jurisdiction)

(2009/C 69/18)

Language of the case: Italian

Parties

Appellant: Territorio Energia Ambiente SpA (TEA) (represented by: E. Coffrini and F. Tesauro, avvocati)

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

Re:

Appeal against the order made by the Court of First Instance (Fourth Chamber) on 17 September 2007 in Case T-175/07 Territorio Energia Ambiente SpA v Commission by which the Court of First Instance dismissed an application for a ruling, primarily, that Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21) did not apply to the appellant and, in the alternative, that the appellant did not benefit from any unlawful aid, and for the consequential annulment, in so far as necessary, of that decision

Operative part of the order

1. The appeal is dismissed.

2. Territorio Energia Ambiente SpA (TEA) is ordered to pay the costs.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 285/32

Order of the President of the Court of 5 June 2008 — Commission of the European Communities v Kingdom of the Netherlands

(Case C-401/07) (1)

(2008/C 285/54)

Language of the case: Dutch

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

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 267/52

Order of the President of the Court of 29 June 2009 — Commission of the European Communities v Republic of Poland

(Case C-547/07) (1)

2009/C 267/86

Language of the case: Polish

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

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 69/12

Order of the Court (Sixth Chamber) of 17 October 2008 — AGC Flat Glass Europe SA, formerly Glaverbel SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-513/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(3) - Figurative mark representing the texture of a glass surface - Refusal of registration - Evidence of distinctive character acquired through use - Target public and territory to be considered)

(2009/C 69/20)

Language of the case: English

Parties

Applicant: AGC Flat Glass Europe SA, formerly Glaverbel SA (represented by: T. Koerl, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-141/06 Glaverbel v OHIM by which the Court dismissed an action seeking annulment of Decision R 986/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 March 2006 dismissing the action brought against the examiner's decision refusing registration of a figurative mark representing the texture of a glass surface for certain goods in Classes 19 and 21.

Operative part of the order

1. The appeal is dismissed.

2. AGC Flat Glass Europe SA is ordered to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 313/22

Order of the President of the Court of 8 September 2008 (reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg — Germany) — Michael Mario Karl Kerner v Land Baden-Württemberg

(Case C-4/08) (1)

(2008/C 313/38)

Language of the case: German

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 Sixth Chamber of the Court of 17 December 2008 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-122/08) (1)

(2009/C 69/67)

Language of the case: English

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

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 69/33

Order of the President of the Court of 18 November 2008 — Commission of the European Communities v Italian Republic

(Case C-218/08) (1)

(2009/C 69/76)

Language of the case: Italian

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

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 113/17

Order of the Court of 5 March 2009 — Commission of the European Communities v Provincia di Imperia

(Case C-183/08 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Conditions governing the admissibility of an action for annulment - Interest in bringing an action - Call for proposals regarding the financing of innovative actions under the European Social Fund - Dismissal - Benefit for the applicant arising from a possible annulment of the contested act)

2009/C 113/34

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: D. Martin and L. Flynn, acting as Agents)

Other party to the proceedings: Provincia di Imperia (represented by: K. Platteau and S. Rostagno, avocats)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 in Case T-351/05 Provincia di Imperia v Commission, by which the Court of First Instance declared admissible (but unfounded) the action brought by the applicant, seeking the annulment of the Commission’s decision of 30 June 2005 to refuse to grant a subsidy in the context of a call for proposals concerning innovative measures under the European Social Fund — Infringement of the conditions governing the admissibility of an action for annulment — The notion of an interest in bringing an action — No benefit for the applicant arising from a possible annulment of the contested act

Operative part of the order

1. The appeal is dismissed as manifestly unfounded.

2. The Commission of the European Communities shall bear its own costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 113/18

Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities

(Case C-231/08 P) (1)

(Appeal - Community civil service - Right to a fair hearing - Infringement of Articles 4, 27 and 29 of the Staff Regulations - Principle of non-discrimination - Interest of the service and duty of care - Distortion of the evidence and rules on evidence - Appeal manifestly inadmissible in part and manifestly unfounded in part)

2009/C 113/36

Language of the case: French

Parties

Appellant: Massimo Giannini (represented by: L. Levi and C. Ronzi, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and L. Lozano Palacios, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) delivered on 12 March 2008 in Case T-100/04 Giannani v Commission in which the Court dismissed the appellant’s application for annulment of the decision of the selection board in Competition COM/A/9/01 with a view to constituting a reserve list for the recruitment of administrators in the fields of economics and statistics not to include his name on the competition reserve list and for damages to be awarded — Infringement of right to a fair hearing by reason of the excessive length of the procedure — Infringement of Articles 4, 27 and 29 of the Staff Regulations and the concepts of interest of the service and duty of care — Infringement of the principle of non-discrimination and the rules on evidence

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 180/36

Order of the President of the Court of 24 April 2009 — Commission of the European Communities v Hellenic Republic

(Case C-106/08) (1)

2009/C 180/63

Language of the case: Greek

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

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 141/35

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

(Case C-283/08) (1)

2009/C 141/66

Language of the case: Dutch

The President of the Court 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 220/31

Order of the President of the Court of 26 June 2009 — Commission of the European Communities v Kingdom of Spain

(Case C–503/08) (1)

2009/C 220/62

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.
5.

In circumstances such as those in the main proceedings, Clause 5(1)(a) of the Framework Agreement on fixed-term work must be interpreted to mean that, where the domestic legal order of the Member State concerned contains, in the sector under consideration, other measures which are effective to avoid and, when appropriate, penalise the abuse of successive fixed-term employment contracts within the meaning of Clause 5(1), it is not precluded that a rule of national law may impose an absolutely prohibition, in the public sector alone, on conversion into a contract of indefinite duration of a succession of fixed-term employment contracts which, when intended to cover fixed and permanent needs of the employer, must be regarded as an abuse. It is however for the referring court to assess the extent to which the conditions for the application and actual implementation of the relevant provisions of domestic law constitute adequate measures to prevent and, when appropriate, penalise the abuse by the public authorities of successive fixed-term employment contracts.
EN Official Journal of the European Union C 11/19

Order of the President of the Fifth Chamber of the Court of 23 September 2009 — Commission of the European Communities v Portuguese Republic

(Case C-397/08) (1)

2010/C 11/35

Language of the case: Portuguese

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

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 282/32

Order of the President of the Third Chamber of the Court of 29 July 2009 — Commission of the European Communities v Federal Republic of Germany

(Case C-424/08) (1)

2009/C 282/56

Language of the case: German

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

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 100/34

Order of the President of the Third Chamber of the Court of 15 January 2010 (Reference for a preliminary ruling from the Bundesgerichtshof, Germany) — Sylvia Bienek v Condor Flugdienst GmbH

(Case C-525/08) (1)

2010/C 100/49

Language of the case: German

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

(1) OJ C 55, 7.3.2009.
1.

Clause 5(1) of the Framework Agreement on fixed-term work concluded on 18 March 1999, which is annexed 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 not precluding the adoption by a Member State of national legislation, such as Presidential Decree No 164/2004 laying down provisions concerning workers employed under fixed-term contracts in the public sector, which, for the purposes specifically of transposing Directive 1999/70 so as to implement the provisions of that directive in the public sector, provides for the implementation of the measures to prevent the misuse of successive fixed-term employment contracts or relationships which are listed in clause 5(1)(a) to (c) where — which it is for the national court to ascertain — an ‘equivalent legal measure’ within the meaning of that clause already exists under national law, such as Article 8(3) of Law No 2112/1920 on compulsory notice of termination of contracts of employment of employees in the private sector, provided, however, that that legislation (i) does not affect the effectiveness of the prevention of the misuse of fixed-term employment contracts or relationships resulting from that equivalent legal measure, and (ii) complies with Community law and, in particular, with clause 8(3) of the Framework Agreement.
EN Official Journal of the European Union C 109/8

Order of the President of the Court of 27 January 2012 (reference for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Yasar Erdil v Land Berlin

(Case C-420/08) (1)

2012/C 109/14

Language of the case: German

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

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 234/30

Order of the President of the Court of 25 February 2010 — European Parliament v Council of the European Union

(Case C-566/08) (1)

()

2010/C 234/49

Language of the case: French

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 24/18

Order of the Court of 20 November 2009 (reference for a preliminary ruling from the Tribunal de grande instance de Paris — France) — Olivier Martinez, Robert Martinez v Société MGN LIMITED

(Case C-278/09) (1)

(Regulation (EC) No 44/2001 - Jurisdiction in civil and commercial matters - National Court not eligible to refer questions to the Court of Justice for preliminary ruling for the purposes of Article 68(1) EC - Court’s lack of jurisdiction)

2010/C 24/30

Language of the case: French

Referring court

Tribunal de grande instance de Paris

Parties to the main proceedings

Applicant: Olivier Martinez, Robert Martinez

Defendant: Société MGN LIMITED

Re:

Reference for a preliminary ruling — Tribunal de grande instance de Paris — Interpretation of Articles 2 and 5(3) 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 L 12 of 16.1.2001, p. 1) — Competent jurisdiction for the resolution of an action for infringement of privacy and the right of personal portrayal, following the placing online of information and photographs on an internet site disseminated from a server housed in the territory of a Member State other than that in which the plaintiff is domiciled — Determination of the place where the event which gave rise to the damage occurred — Relevance, in order to determine the place, of the number of connections to the internet page at issue effected from the Member State in which the plaintiff is domiciled, the nationality of the plaintiff and, where appropriate, the language in which the information was disseminated

Operative part

The Court of Justice of the European Communities has no jurisdiction to answer the question referred by the Tribunal de grande instance de Paris in Case C 278/09.

(1) JO C 220 of 12.09.2009
EN Official Journal of the European Union C 63/44

Order of the President of the Eighth Chamber of the Court of 12 November 2009 — Commission of the European Communities v Hellenic Republic

(Case C-44/09) (1)

2010/C 63/71

Language of the case: Greek

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

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 51/28

Order of the President of the Court of 20 November 2009 — Commission of the European Communities v Kingdom of Spain

(Case C-184/09) (1)

2010/C 51/51

Language of the case: Spanish

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 148/23

Order of the President of the Court of 11 March 2010 — European Commission v Republic of Poland

(Case C-223/09) (1)

2010/C 148/38

Language of the case: Polish

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

(1) OJ C 233, 26.09.2009.