ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 252/7

Order of the Court (Fifth Chamber) of 1 March 2011 (reference for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — Claude Chartry v Etat belge

(Case C-457/09) (1)

(Reference for a preliminary ruling - Article 234 EC - Assessing whether a national rule is consistent with both European Union law and the national Constitution - National legislation laying down the priority nature of preliminary proceedings for reviewing constitutionality - Charter of Fundamental Rights of the European Union - Need for a connection with European Union law - Clear lack of jurisdiction of the Court)

2011/C 252/10

Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings

Applicant: Claude Chartry

Defendant: Etat belge

Re:

Reference for a preliminary ruling — Tribunal de première instance de Liège — Interpretation of Article 6 EU and of Article 234 EC — Mandatory reference by national courts to the Belgian Constitutional Court for a preliminary ruling in cases of presumed infringement of fundamental rights by national legislation — Validity, under Community law, of the provision requiring such reference — Infringement of the principle of effective judicial protection and of the rights of the defence if the ordinary courts may not review the national rules’ compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms — Time-barring of recovery under tax assessments raised by the tax authority in respect of ‘profits from self-employment’

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to reply to the question referred by the tribunal de première instance de Liège (Belgium).

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 80/7

Order of the Court (Fifth Chamber) of 16 September 2010 — Dominio de la Vega, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Ambrosio Velasco SA

(Case C-459/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community figurative mark DOMINIO DE LA VEGA - Earlier Community figurative mark PALACIO DE LA VEGA - Existence of a likelihood of confusion in part of the territory of the European Union - Assessment of the similarity between the marks - Dominant element)

2011/C 80/12

Language of the case: Spanish

Parties

Appellant: Dominio de la Vega, SL (represented by: E. Caballero Oliver and A. Sanz-Bermell y Martínez, abogados)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent), Ambrosio Velasco SA (represented by: E. Armijo Chávarri, abogado)

Re:

Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-458/07 Dominio de la Vega v OHIM dismissing the action brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL

Operative part of the order

1. The appeal is dismissed.

2. Dominio de la Vega SL shall pay the costs.

(1) OJ C 24, 30.1.2010.
1.

The compulsory civil liability insurance system in respect of the use of motor vehicles established by — Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and to the enforcement of the obligation to insure against such liability, — the Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, — the Third Council Directive (90/232/EEC) of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, — Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (Fourth Motor Insurance Directive); and — Directive 2005/14/EEC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/ECC, 84/5/ECC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles., does not preclude national legislation which provides that the insurer excludes from the cover of the optional insurance contract of a motor vehicle damage caused when that vehicle is driven by a person under the influence of alcohol.
EN Official Journal of the European Union C 346/22

Order of the Court of 2 September 2010 — Mehmet Salih Bayramoglu v European Parliament, Council of the European Union

(Case C-28/10 P) (1)

(Appeals - Article 119 of the Rules of Procedure - Irregular form of order sought - Clear inadmissibility)

2010/C 346/37

Language of the case: English

Parties

Appellant: Mehmet Salih Bayramoglu (represented by: A. Riza QC)

Other parties to the proceedings: European Parliament (represented by: C. Karamarcos and N. Görlitz, Agents), Council of the European Union (represented by: M. Balta and E. Finnegan, Agents)

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) of 24 September 2009 in Case T-110/09 Bayramoglu v Parliament and Council, in which the Court of First Instance dismissed as manifestly inadmissible an action for annulment of Council Decision 2004/511/EC of 10 June 2004 concerning the representation of the people of Cyprus in the European Parliament in case of a settlement of the Cyprus problem — Action brought out of time

Operative part of the order

1. The appeal is dismissed.

2. Mr Bayramoglu shall pay the costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 89/2

Order of the Court of 16 November 2010 — Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG v European Commission

(Case C-73/10 P) (1)

(Appeal - Competition - Commission Decision relating to a proceeding under Article 81 EC - Action for annulment - Time-limit - Action brought out of time - Reasons justifying derogation from the time-limit for bringing proceedings - Right of access to a court - Principles of legality and proportionality - Appeal clearly unfounded)

2011/C 89/03

Language of the case: English

Parties

Appellant: Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG (represented by: A. Rinne, Rechtsanwalt, S. Kon and C. Humpe, Solicitors, and C. Vajda QC)

Other party to the proceedings: European Commission (represented by: M. Kellerbauer and A. Biolan, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 30 November 2009 in Case T-2/09 Internationale Fruchtimport Gesellschaft Weichert & Co. KG v Commission of the European Communities dismissing, as manifestly inadmissible, an action for partial annulment of Commission Decision C(2008) 5955 final of 15 October 2008 relating to a proceeding under Article 81 EC (Case COMP/39.188 — Bananas) concerning a cartel on a part of the European market in bananas, or, in the alternative, annulling or reducing the fine imposed on the applicant — Time-limit for bringing an action — Lateness

Operative part of the order

1. The appeal is dismissed.

2. Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG shall pay the costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 63/18

Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — Ioan Anghel v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

(Case C-441/10) (1)

(Reference for a preliminary ruling - Failure to provide a factual description - Inadmissibility)

2011/C 63/34

Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings

Applicant: Ioan Anghel

Defendant: Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

Re:

Reference for a preliminary ruling — Curtea de Apel Secția Bacău Secția Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in another Member State — Environmental tax on vehicles on their first registration in a Member State — Compatibility of the national rules with Article 110 TFEU — Discrimination in relation to second-hand vehicles already registered in the territory of that Member State and not subject to that tax on a subsequent sale or new registration

Operative part of the order

The reference for a preliminary ruling made by the Curtea de Apel Bacău by decision of 1 September 2010 is manifestly inadmissible.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 173/9

Order of the President of the Court of 17 February 2011 — European Commission v Portuguese Republic

(Case C-470/10) (1)

2011/C 173/21

Language of the case: Portuguese

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

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 120/9

Order of the President of the Court of 18 January 2011 — European Commission v Republic of Poland

(Case C-232/10) (1)

2011/C 120/18

Language of the case: Polish

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

(1) OJ C 209, 31.07.2010.
EN Official Journal of the European Union C 211/9

Order of the Court of 14 April 2011 — Dieter C. Umbach v European Commission

(Case C-609/10 P) (1)

(Appeal - Access to the documents of the Institutions - ‘TACIS programme’ - Contract concluded by the Commission - Termination of the contract - Dispute between the contracting parties - Application for access to documents - Manifest inadmissibility)

2011/C 211/15

Language of the case: German

Parties

Appellant: Dieter C. Umbach (represented by: M. Stephani, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: P. Costa de Oliveira and T. Scharf, Agents)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 21 October 2010 in Case T-474/08 Umbach v Commission, by which the General Court dismissed an action for the annulment of the Commission Decision of 2 September 2008 refusing the appellant access to certain information included in documents relating to a contract concluded between the appellant and the Commission and concerning assistance with the drafting of an administrative code on behalf of the Russian Federation in the context of the TACIS programme — Application for access concerning the dispute between the appellant and the Commission following the termination of that contract — Infringement of Article 41(2)(b) of the Charter of Fundamental Rights of the European Union

Operative part of the order

1. The appeal is dismissed.

2. Mr Umbach shall pay the costs.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 211/21

Order of the President of the Court of 21 March 2011 — European Commission v Federal Republic of Germany

(Case C-445/10) (1)

2011/C 211/45

Language of the case: German

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

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 252/11

Order of the Court of 31 March 2011 — Volker Mauerhofer v European Commission

(Case C-433/10 P) (1)

(Appeal - Project supported by the European Union in Bosnia and Herzegovina - Contracts concluded between the Commission and a consortium and between the consortium and experts - Commission’s administrative order amending its contract with the consortium - Action for annulment of that administrative order brought by one of the experts - Admissibility - Action for damages - Non contractual liability of the Union - Causal link between the Commission’s administrative order and the damage allegedly suffered by that expert)

2011/C 252/21

Language of the case: English

Parties

Appellant: Volker Mauerhofer (represented by: J. Schartmüller, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: S. Boelaert, Agent)

Re:

Appeal brought against the order of the General Court (Third Chamber) of 29 June 2010 in Case T-515/08 Volker Mauerhofer v European Commission by which the Court dismissed an action for annulment of the Commission’s decision of 9 September 2008 reducing the number of paid days’ work allocated to the applicant to perform tasks resulting from a contract for an expert’s report (Contract No MC/5043/025/001/2008 — ‘Value Chain Mapping Analysis’) concluded with the undertaking responsible for a project carried out in Bosnia and Herzegovina in performance of the framework contract ‘EuropeAid/123314/C/SER/multi — Lot No 5 — Evaluations and presentations in the field of trade, businesses and regional economic integration’ — No challengeable act

Operative part of the order

1. The appeal is dismissed.

2. Mr Mauerhofer shall pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 252/27

Order of the President of the Seventh Chamber of the Court of 17 March 2011 — European Commission v Hellenic Republic

(Case C-278/10) (1)

2011/C 252/56

Language of the case: Greek

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

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 311/14

Order of the Court of 9 June 2011 — Télévision française 1 SA (TF1) v European Commission, Métropole télévision (M6), Canal +, French Republic, France Télévisions

(Case C-451/10 P) (1)

(Appeal - State aid - Article 86(2) EC - Public service broadcasting - Decision not to raise objections - Proof - Economic efficiency of the undertaking)

2011/C 311/20

Language of the case: French

Parties

Appellant: Télévision française 1 SA (TF1) (represented by: J.-P. Hordies, avocat)

Other parties to the proceedings: European Commission (represented by: T. Maxian Rusche and B. Stromsky, Agents), Métropole télévision (M6), Canal + (represented by: E. Guillaume, avocat), French Republic (represented by: G. de Bergues and J. Gstalter, Agents), France Télévisions (represented by: J.-P. Gunther and A. Giraud, avocats)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) delivered on 1 July 2010 in Joined Cases T-568/08 and T-573/08 TF1 and M6 v Commission, by which the General Court dismissed the appellant’s action for annulment of Commission Decision C(2008) 3506 final of 16 July 2008 relating to the proposed grant, by the French Republic, of capital funding of EUR 150 million to France Télévisions SA — Infringement of the rules relating to the burden of proof and the taking of evidence — Infringement of Article 106(2) TFEU — Concept of ‘service of general economic interest’ — No serious difficulties

Operative part of the order

1. The appeal is dismissed;

2. Télévision française 1 SA (TF1) is ordered to pay the costs;

3. Canal + and the French Republic are ordered to bear their own costs.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 252/28

Order of the President of the Court of 13 May 2011 — European Commission v Federal Republic of Germany

(Case C-486/10) (1)

2011/C 252/61

Language of the case: German

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

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 49/21

Order of the President of the Third Chamber of the Court of 22 November 2011 — European Commission v Ireland

(Case C-356/10) (1)

2012/C 49/36

Language of the case: English

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

(1) OJ C 246, 11.9.2010.
Order of the Court (Sixth Chamber) of 13 September 2011 — Hans-Peter Wilfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-546/10 P) (1)

(Appeal - Community trade mark - Figurative sign representing the headstock of a guitar - Refusal to register - Absolute ground for refusal - Lack of distinctiveness - Ex officio examination of the facts - Articles 7(1)(b) and 74(1) of Regulation (EC) No 40/94 - Admissibility of evidence submitted for the first time before the General Court - Equality of treatment)

(2012/C 25/40)

Language of the case: German

Parties

Appellant: Hans-Peter Wilfer (represented by: W. Prinz, Rechtsanwalt)

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

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 September 2010 in Case T-458/08 Wilfer v OHIM, by which the General Court dismissed the action of annulment brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008, dismissing the appeal against the decision of the examiner who partially refused registration of the figurative sign representing the headstock of a guitar coloured silver, grey and brown as a Community trade mark for certain goods in Classes 9 to 15 — Distinctiveness of a figurative sign constituted by the two-dimensional representation of part of the product

Operative part of the order

1. The appeal is dismissed.

2. Mr Wilfer is ordered to pay the costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 194/6

Order of the Court (Eighth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Corte Suprema di Cassazione — Italy) — Ministero dell'Economia e delle Finanze, Agenzia delle Entrate v Safilo Spa

(Case C-529/10) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Direct taxation - Conclusion of proceedings pending before the court giving judgment at final instance in tax matters - Abuse of rights - Article 4(3) TEU - Freedoms guaranteed by the Treaty - Principle of non-discrimination - State aid - Obligation to ensure the effective application of European Union law)

2012/C 194/09

Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings

Applicants: Ministero dell’Economia e delle Finanze, Agenzia delle Entrate

Defendant: Safilo Spa

Re:

Reference for a preliminary ruling — Corte Suprema di Cassazione — Taxation of companies — National legislation under which the tax rate applied to company dividends varies according to the location of the company seat — Commercial transaction involving companies with their seat in Italy and companies resident elsewhere — Decision by the tax authorities treating as applicable the tax due in the case of the companies resident outside Italy — Notion of abuse of rights, as defined in Case C-255/02 Halifax and Others [2006] ECR I-1609 — Whether that doctrine applies in the context of non-harmonised domestic taxes such as direct taxes

Operative part of the order

European Union law, in particular the principle of the prohibition of abuse of rights, Article 4(3) TEU, the freedoms guaranteed by the FEU Treaty, the principle of non-discrimination, the rules on State aid and the obligation to ensure the effective application of European Union law, must be interpreted as not precluding the application, in a case such as that in the main proceedings relating to direct taxation, of a provision of national law which provides for proceedings pending before the court giving judgment at final instance in tax matters to be concluded in return for payment of a sum equivalent to 5 % of the value of the claim, where those proceedings originate in an application made at first instance more than 10 years before the date of entry into force of that provision and the tax authorities have been unsuccessful at first and second instance.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 269/39

Order of the President of the Court of 6 July 2011 (reference for a preliminary ruling from the Tribunale di Milano (Italy)) — Procura della Repubblica v Assane Samb

(Case C-43/11) (1)

2011/C 269/83

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 211/9

Order of the Court (Fifth Chamber) of 8 April 2011 (references for a preliminary ruling from the Tribunalul Suceava (Romania)) — Aurora Elena Sfichi v Direcția Generală a Finanțelor Publice Suceava, Administrația Finanțelor Publice Suceava, Administrația Fondului pentru Mediu (C-29/11), Adrian Ilaș v Direcția Generală a Finanțelor Publice Suceava, Administrația Finanțelor Publice Suceava, Administrația Fondului pentru Mediu (C-30/11)

(Joined Cases C-29/11 and C-30/11) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Internal taxation - Article 110 TFEU - Pollution tax levied upon first registration of motor vehicles)

2011/C 211/16

Language of the case: Romanian

Referring court

Tribunalul Suceava

Parties to the main proceedings

Applicants: Aurora Elena Sfichi (C-29/11), Adrian Ilaș (C-30/11)

Defendants: Direcția Generală a Finanțelor Publice Suceava, Administrația Finanțelor Publice Suceava, Administrația Fondului pentru Mediu (C-29/11), Direcția Generală a Finanțelor Publice Suceava, Administrația Finanțelor Publice Suceava, Administrația Fondului pentru Mediu (C-30/11)

Re:

Reference for a preliminary ruling — Tribunalul Suceava — Registration of second-hand motor vehicles previously registered in other Member States — National legislation making the first registration of such motor vehicles conditional upon payment of an environmental tax, whereas second-hand motor vehicles already present on the national market are exempt from payment of that tax on the occasion of re-registration — Whether the national legislation is compatible with the first and second paragraphs of Article 110 TFEU — Obstacle to the free movement of goods

Operative part of the order

Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax affecting motor vehicles on their first registration in that Member State, if that fiscal measure is so designed as to discourage the putting into service, in that Member State, of second-hand vehicles bought in other Member States, without, however, discouraging the purchase of second-hand vehicles of the same age and condition on the national market.

(1) OJ C 113, 9.4.2011.