ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 134/28

Order of the President of the Court of 10 February 2010 — Mineralbrunnen Rhöne-Sprudel Egon Schindel GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Schwarzbräu GmbH

(Joined Cases C-364/09 P and 365/09 P) (1)

2010/C 134/46

Language of the case: German

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

(1) OJ C 267, 7.11.2009.
Official Journal of the European Union

Order of the President of the Court of 25 May 2010 (reference for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — DAR Duale Abfallwirtschaft und Verwertung Ruhrgebiet GmbH v Ministerstvo životního prostředí

(Case C-299/09) (1)

()

(2010/C 288/48)

Language of the case: Czech

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

(1) OJ C 267, 7.11.2009.
Order of the Court of 10 June 2010 — Thomson Sales Europe v European Commission

(Case C-498/09 P) (1)

(Appeal - Customs Code - Remission of import duties - Waiver of post-clearance recovery - Anti-dumping duties - No obvious negligence - Complexity of the legislation - Professional experience - Operator’s diligence - Colour televisions made in Thailand - Challengeable acts)

(2010/C 288/28)

Language of the case: French

Parties

Appellant: Thomson Sales Europe (represented by: F. Foucault and F Goguel, avocats)

Other party to the proceedings: European Commission (represented by: L. Bouyon and H. van Vliet, Agents)

Re:

Appeal against the judgment of 29 September 2009 of the Court of First Instance (First Chamber) in Joined Cases T-225/07 and T-364/07 Thomson Sales Europe v Commission by which the Court dismissed the appellant’s action for annulment of Commission Decision REM No 03/05 of 7 May 2007 informing the French authorities that remission of import duties on the colour television receivers manufactured in Thailand covered by their application of 14 September 2005 was not justified, and for annulment of the Commission’s letter of 20 July 2007 not confirming entitlement to a waiver of post-clearance recovery of import duties on those items — Procedure relating to the application for remission of duties claimed on the basis of Article 239 of the Customs Code and for waiver of post-clearance recovery of those duties on the basis of Article 220(2)(b) of the Code — Failure to respect the rights of the defence — Error in the legal characterisation of the facts

Operative part of the order

1. The appeal is dismissed;

2. Thomson Sales Europe shall pay the costs.

(1) OJ C 80, of 27.03.2010.
EN Official Journal of the European Union C 80/7

Order of the Court (Sixth Chamber) of 27 October 2010 — Victor Guedes — Indústria e Comércio SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Consorci de l’Espai Rural de Gallecs, established in Gallecs

(Case C-342/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) and (5) - Figurative mark Gallecs - Opposition by the proprietor of the national figurative marks GALLO, GALLO AZEITE NOVO, Azeite Novo and the Community figurative mark GALLO - Rejection of the opposition - Appeal in part clearly inadmissible and in part clearly unfounded)

2011/C 80/11

Language of the case: English

Parties

Appellant: Victor Guedes — Indústria e Comércio SA (represented by: B. Braga da Cruz, advogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. Crespo Carrillo, Agent), Consorci de l’Espai Rural de Gallecs, established in Gallecs

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 in Case T-151/08 Victor Guedes-Indústria e Comércio, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which that Court dismissed an action brought by the proprietor of the national figurative marks ‘GALLO’, ‘GALLO AZEITE NOVO’ and ‘GALLO AZEITE’ and the Community figurative mark ‘GALLO’ for goods and services in Classes 29 and 31 against Decision R 986/2007-2 of the Second Board of Appeal of OHIM of 16 January 2008 dismissing the appeal lodged against the decision of the Opposition Division rejecting the opposition brought by the appellant against the application for registration of the figurative mark ‘Gallecs’ for goods in Classes 29, 31 and 35 — Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 40/94

Operative part of the order

1. The appeal is dismissed.

2. Victor Guedes — Indústria e Comércio SA shall pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 346/38

Order of the President of the Court of 9 June 2010 — European Commission v French Republic

(Case C-510/09) (1)

()

2010/C 346/69

Language of the case: French

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

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 73/24

Order of the President of the Court of 13 January 2012 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Attila Belkiran v Lord Mayor of Krefeld, other party to the proceedings: The representative for federal interests at the Bundesverwaltungsgericht

(Case C-436/09) (1)

2012/C 73/42

Language of the case: German

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 211/20

Order of the President of the Court of 15 April 2011 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Vitra Patente AG v High Tech srl

(Case C-219/09) (1)

2011/C 211/38

Language of the case: Italian

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

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 195/16

Order of the President of the Court of 6 April 2010 — European Commission v Kingdom of Belgium

(Case C-491/09) (1)

2010/C 195/24

Language of the case: French

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 30/31

Order of the President of the Court of 16 November 2010 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel — Belgium) — Belpolis Benelux SA v Belgian State

(Case C-114/10) (1)

()

2011/C 30/53

Language of the case: Dutch

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

(1) OJ C 134, 22.05.2010.
EN Official Journal of the European Union C 346/38

Order of the President of the Court of 19 October 2010 — European Commission v Kingdom of Spain

(Case C-192/10) (1)

()

2010/C 346/72

Language of the case: Spanish

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

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 89/4

Order of the Court (Eighth Chamber) of 25 November 2010 — Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Applus Servicios Technológicos SL

(Case C-216/10 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 8(1)(b) and (5), 73, 74 and 79 - Figurative mark A+ - Opposition by the proprietor of the Community word mark AirPlus International - Opposition rejected)

2011/C 89/06

Language of the case: English

Parties

Appellant: Lufthansa AirPlus Servicekarten GmbH (represented by: R. Kunze, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent), Applus Servicios Technológicos SL

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 3 March 2010 in Case T-321/07 Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Applus Servicios Tecnológicos by which that court dismissed an action brought by the proprietor of the Community word mark ‘AirPlus International’ for goods and services in Classes 9, 35, 36 and 42 against Decision R 310/2006-2 of the Second Board of Appeal of OHIM of 7 June 2007 dismissing the appeal against the Opposition Division’s decision rejecting the opposition brought by the appellant against the application for registration of the figurative mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42

Operative part of the order

1. The appeal is dismissed.

2. Lufthansa AirPlus Servicekarten GmbH shall pay the costs.

(1) OJ C 179, 3.7.2010.
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) — SC SEMTEX SRL v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

(Case C-440/10) (1)

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

2011/C 63/33

Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings

Applicant: SC SEMTEX SRL

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 120/9

Order of the President of the Court of 11 January 2011 — European Commission v Portuguese Republic

(Case C-286/10) (1)

2011/C 120/21

Language of the case: Portuguese

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

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 120/8

Order of the President of the Court of 24 January 2011 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg te Brussel — Belgium) Knubben Dak- en Leidekkersbedrijf BV v Belgische Staat

(Case C-13/10) (1)

2011/C 120/15

Language of the case: Dutch

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

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 211/21

Order of the President of the Eighth Chamber of the Court of 10 March 2011 — European Commission v Republic of Estonia

(Case C-227/10) (1)

2011/C 211/40

Language of the case: Estonian

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

(1) OJ C 209, 31.7.2010.
1.

Article 2(1) 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 must be interpreted as meaning that a period during which a forest ranger, whose daily working time, as stipulated in his employment contract, is eight hours, is required to carry out wardenship duties in a section of forest, making him liable to disciplinary action, the payment of compensation and civil or criminal sanctions, as the case may be, for any damage ascertained in the area under his control, regardless of the time when the damage occurs, constitutes ‘working time’ within the meaning of that provision only if the nature and extent of the wardenship obligation on that forest ranger and the system of liability applicable to him require his physical presence at the place of work and if, during that period, he must be available to his employer. It is for the national court to undertake the factual and legal checks necessary, in particular as regards the applicable national law, in order to assess whether that is the situation in the matter before it.
EN Official Journal of the European Union C 252/9

Order of the Court (First Chamber) of 30 June 2011 (reference for a preliminary ruling from the Rechtbank van Koophandel te Dendermonde — Belgium) — Wamo BVBA v JBC NV, Modemakers Fashion NV

(Case C-288/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting announcements of price reductions or announcements suggesting such reductions)

2011/C 252/15

Language of the case: Dutch

Referring court

Rechtbank van Koophandel te Dendermonde

Parties to the main proceedings

Applicant: Wamo BVBA

Defendants: JBC NV, Modemakers Fashion NV

Re:

Reference for a preliminary ruling — Rechtbank van Koophandel te Dendermonde — Interpretation of 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 and 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 (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22) — National legislation prohibiting announcements of price reductions or announcements suggesting such reductions during certain periods preceding sales in specified sectors.

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 and 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 (‘Unfair Commercial Practices Directive’) must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which provides for a general prohibition of announcements of price reductions or announcements suggesting such reductions during the period preceding sales, in so far as the provision pursues objectives relating to consumer protection. It is for the national court to determine whether that is the situation in the case in the main proceedings.

(1) OJ C 246, 11.9.2010.
EN Official Journal of the European Union C 232/10

Order of the Court (Fifth Chamber) of 23 May 2011 (reference for a preliminary ruling from the Tribunal de première instance de Namur (Belgium)) — André Rossius (C-267/10), Marc Collard (C-268/10) v Etat Belge — SPF Finances

(Joined Cases C-267/10 and C-268/10) (1)

(Article 6(1) TEU - Article 35 of the Charter of Fundamental Rights of the European Union - Possession and sale of manufactured smoking tobacco - National legislation authorising the levying of excise duty on tobacco products - Court manifestly incompetent)

2011/C 232/17

Language of the case: French

Referring court

Tribunal de première instance de Namur

Parties to the main proceedings

Applicants: André Rossius (C-267/10), Marc Collard (C-268/10)

Defendant: Etat Belge — SPF Finances

In the presence of: Etat Belge — Service public federal Défense

Re:

Reference for a preliminary ruling — Tribunal de première instance de Namur — Interpretation of the first paragraph of Article 6(1) TEU and of Article 35 of the Charter of Fundamental Rights of the European Union — Whether national legislation permitting the production, import, promotion and sale of manufactured smoking tobacco, recognised to be seriously harmful, is compatible with the object of protecting human health — Whether the provisions of national law authorising the levying of excise duty on tobacco products are valid in the light of the [EU] rules cited

Operative part of the order

The Court of Justice of the European Union is manifestly incompetent to reply to the questions asked by the Tribunal de première instance de Namur (Belgium) by decisions of 24 March 2010.

(1) OJ C 221, 14.08.2010.
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 Bacău (Romania)) — Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău v Lilia Druțu

(Case C-438/10) (1)

(Article 104(3), first indent of the Rules of Procedure - Internal impositions - Article 110 TFEU - Introduction of a pollution tax on first registration of motor vehicles)

2011/C 311/19

Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings

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

Defendant: Lilia Druțu

Re:

Reference for a preliminary ruling — Curtea de Appel Bacău Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in other Member States — Environmental tax on motor vehicles on first registration in a Member State — Compatibility of national legislation with Article 110 TFEU — Discrimination compared with second-hand vehicles already registered in that Member State and not subject to that tax on subsequent sale and new registration

Operative part of the order

Article 110 TFEU must be interpreted as meaning that it precludes a Member State from introducing a pollution tax on motor vehicles on first registration in that Member State if that fiscal measure is set up in such a way as to discourage the placing on the market in that Member State of second-hand vehicles purchased in other Member States without discouraging the purchase of second-hand vehicles of a similar age and condition on the national market.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 252/8

Order of the Court of 3 March 2011 — Centre de Coordination Carrefour SNC v European Commission

(Case C-254/10 P) (1)

(Appeal - Aid scheme in favour of coordination centres established in Belgium - Conditions of admissibility of an action for annulment - Concept of ‘interest in bringing proceedings’ - Res judicata)

2011/C 252/14

Language of the case: French

Parties

Appellant: Centre de Coordination Carrefour SNC (represented by: X. Clarebout, C. Docclo and M. Pittie, avocats)

Other party to the proceedings: European Commission (represented by: C. Urraca Caviedes and J.-P. Keppenne, Agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 18 March 2010 — Case T-94/08 Centre de Coordination Carrefour v Commission, by which the General Court dismissed as inadmissible the applicant’s action seeking annulment of Commission Decision 2008/283/EC of 13 November 2007 amending Decision 2003/757/EC on the aid scheme implemented by Belgium for coordination centres established in Belgium (OJ 2008 L 90, p. 7) — Conditions of admissibility of an action for annulment — Concept of interest in bringing proceedings — Res judicata

Operative part of the order

The Court hereby:

1. Dismisses the appeal;

2. Orders the Centre de Coordination Carrefour SNC to bear the costs.

(1) OJ C 246, 11.9.2010
EN Official Journal of the European Union C 49/21

Order of the President of the Court of 14 November 2011 — 4care AG v Office For Harmonization in the Internal Market (Trade marks and designs), Laboratorios Diafarm, SA

(Case C-535/10 P) (1)

2012/C 49/37

Language of the case: German

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

(1) OJ C 30, 29.1.2011.
Order of the Court (Fifth Chamber) of 22 September 2011 (reference for a preliminary ruling from the Court of First Instance, Liège, Belgium) — Richard Lebrun and Marcelle Howet v Belgian State

(Case C-538/10) (1)

(Articles 92(1), 103(1), 104(3), first subparagraph, of the Rules of Procedure - Reference for a preliminary ruling - Examination of the conformity of a national provision with both European Union law and the national constitution - National legislation granting priority to an interlocutory procedure for the review of constitutionality - Charter of Fundamental Rights of the European Union - Requirement of link with European Union law - Clear absence of jurisdiction of the Court)

(2012/C 25/38)

Language of the case: French

Referring court

Court of First Instance, Liège

Parties to the main proceedings

Applicants: Richard Lebrun and Marcelle Howet

Defendant: Belgian State

Re:

Reference for a preliminary ruling — Court of First Instance, Liège — Interpretation of Articles 6 TEU, 267 TFEU and 47 of the Charter of Fundamental Rights of the European Union — Prior obligation on national courts to refer matter to Constitutional Court where it supposes that national legislation may be in conflict with fundamental rights — Compliance with European Union law of the national provision requiring such a prior reference — Right of national courts to review compliance of national law with international treaties where the Constitutional Court has declared the national legislation at issue compatible with the fundamental rights guaranteed by the constitution

Operative part of the order

It is clear that the Court of Justice of the European Union has no jurisdiction to answer the question referred for a preliminary ruling by the Court of First Instance, Liège, Belgium.

(1) OJ C 38, 5.2.2011.
EN Official Journal of the European Union C 200/10

Order of the President of the First Chamber of the Court of 7 May 2012 (Reference for a preliminary ruling from the Landgericht Essen — Germany) — Dr Biner Bähr in his capacity as liquidator in respect of the assets of Hertie GmbH v HIDD Hamburg-Bramfeld B.V.1

(Case C-494/10) (1)

2012/C 200/19

Language of the case: German

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

(1) OJ C 30, 29.1.2011.