ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 109/4

Order of the Court (Eighth Chamber) of 29 November 2011 — Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd

(Case C-76/11 P) (1)

(Appeals - Community trade mark - Regulation (EC) No 40/94 - Articles 8(4) and 52(1)(c) - Community figurative mark Golden Elephant Brand - Application for a declaration of invalidity based on a non-registered national figurative mark GOLDEN ELEPHANT - Reference to the national law governing the earlier trade mark - Common-law action for passing-off)

2012/C 109/06

Language of the case: English

Parties

Appellant: Tresplain Investments Ltd. (represented by: B. Brandreth, Barrister)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent) Hoo Hing Holdings Ltd (represented by: M. Edenborough QC)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 9 December 2010 in Case T-303/08 Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which the Court dismissed the action brought by the proprietor of the Community figurative mark ‘Golden Elephant Brand’, for goods in class 30, against Decision R 889/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008, annulling the decision of the Cancellation Division which had rejected an application for a declaration of invalidity of that mark, brought by the proprietor of the unregistered national figurative mark ‘GOLDEN ELEPHANT’, for goods in class 30 — Interpretation and application of Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)

Operative part of the order

1. Dismisses the appeal.

2. Orders Tresplain Investments Ltd to pay the costs.

(1) OJ C 120, 16.4.2011.
EN Official Journal of the European Union C 235/3

Order of the Court (Sixth Chamber) of 21 March 2012 — Fidelio KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-87/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(c) - Word mark Hallux - Refusal to register - Absolute ground for refusal - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2012/C 235/04

Language of the case: German

Parties

Appellant: Fidelio KG (represented by: M. Gail, Rechtsanwalt)

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

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 16 December 2010 in Case T-286/08 Fidelio v OHIM, by which the General Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 21 May 2008 concerning registration of the word sign Hallux as a Community trade mark for certain goods in Classes 10 and 25 (orthopaedic articles and footwear) — Distinctive character of a word sign meaning ‘big toe’ in Latin

Operative part of the order

1. The appeal is dismissed.

2. Fidelio KG shall pay the costs.

(1) OJ C 152, 21.05.2011.
EN Official Journal of the European Union C 303/21

Order of the President of the Court of 8 May 2012 — ThyssenKrupp AG v European Commission

(Case C-506/11 P) (1)

2012/C 303/41

Language of the case: German

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

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 303/4

Order of the Court of 3 May 2012 — World Wide Tobacco España, SA v European Commission

(Case C-240/11 P) (1)

(Appeal - Competition - Agreements, decisions or concerted practices - The Spanish market for the purchase and first processing of raw tobacco - Price-fixing and market-sharing - Fines - Deterrent effect - Equal treatment - Mitigating circumstances - Maximum limit of 10 % of turnover - Cooperation)

2012/C 303/05

Language of the case: Spanish

Parties

Appellant: World Wide Tobacco España, SA (represented by: M. Odriozola and A. Vide, abogados)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and L. Malferrari, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 March 2011 in Case T-37/05 World Wide Tobacco España v Commission by which the General Court rejected in part an application for a reduction in the amount of the fine imposed on the applicant in Commission Decision C(2004) 4030 final, of 20 October 2004, relating to a proceeding under Article 81(1) (EC) (Case COMP/C.38.238/B.2 — Raw tobacco — Spain)

Operative part of the order

1. The main appeal and the additional appeal are dismissed.

2. World Wide Tobacco España, SA is ordered to pay the costs of the main appeal.

3. The European Commission is ordered to pay the costs of the additional appeal.

(1) OJ C 211, 16.7.2011.
EN Official Journal of the European Union C 303/6

Order of the Court (Eighth Chamber) of 10 July 2012 — Rügen Fisch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Schwaaner Fischwaren GmbH

(Case C-582/11 P) (1)

(Appeal - Regulation (EC) No 40/94 - Article 7(1) and (2) - Community trade mark - Word mark SCOMBER MIX - Absolute ground for invalidity - Descriptive character)

2012/C 303/11

Language of the case: German

Parties

Appellant: Rügen Fisch AG (represented by: O. Spuhler and M. Geitz, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Schwaaner Fischwaren GmbH (represented by: A. Jaeger-Lenz and T. Bösling, Rechtsanwälte)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 21 September 2011 in Case T-201/09 Rügen Fisch v OHIM, by which the General Court dismissed the appellant’s action against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 230/2007-4), relating to invalidity proceedings between Rügen Fisch AG and Schwaaner Fischwaren GmbH — Breach of Articles 7(1)(c) and 51(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Descriptive character of the word sign SCOMBER MIX

Operative part of the order

1. The appeal is dismissed;

2. Rügen Fisch AG is ordered to pay the costs.

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 366/21

Order of the Court of 15 June 2012 — Otis Luxembourg Sàrl, formerly General Technic-Otis Sàrl, Otis SA, Otis GmbH & Co. OHG, Otis BV, Otis Elevator Company v European Commission

(Case C-494/11 P) (1)

(Appeals - Competition - Agreements, decisions and concerted practices - Market for the installation and maintenance of elevators and escalators - Fines - Parent company and subsidiaries - Imputability of the unlawful conduct)

2012/C 366/36

Language of the case: English

Parties

Appellants: Otis Luxembourg Sàrl, formerly General Technic-Otis Sàrl, Otis SA, Otis GmbH & Co. OHG, Otis BV, Otis Elevator (represented by: A. Winckler and D. Gerard, lawyers, and by J. Temple Lang and C. Cook, Solicitors)

Other party to the proceedings: European Commission (represented by: A. Bouquet, R. Sauer and J. Bourke, Agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 July 2011 in Joined Cases T-141/07, T-142/07, T-145/07 and T-146/07 General Technic-Otis and Others v Commission, by which the General Court dismissed an action for the partial annulment of Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E 1/38.823 — Elevators and Escalators), concerning a cartel in the market for the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg and the Netherlands, concerning bid-rigging, market-sharing, price-fixing, the awarding of projects and contracts related thereto and exchange of information, and, in the alternative, for the annulment or reduction of the fine imposed on the applicant — Liability of a parent company for infringements of the competition rules committed by its subsidiaries

Operative part of the order

1. The appeal is dismissed.

2. Otis Luxembourg Sàrl, Otis SA, Otis GmbH & Co. OHG, Otis BV and Otis Elevator Company shall pay the costs.

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 9/23

Order of the Court (First Chamber) of 4 October 2012 (reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen — Belgium) — Pelckmans Turnhout NV v Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV

(Case C-559/11) (1)

(Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting the opening of an establishment seven days a week)

2013/C 9/38

Language of the case: Dutch

Referring court

Rechtbank van koophandel te Antwerpen

Parties to the main proceedings

Applicant: Pelckmans Turnhout NV

Defendants: Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV

Re:

Reference for a preliminary ruling — Rechtbank van koophandel te Antwerpen — Interpretation of Articles 34 TFEU, 35 TFEU, 49 TFEU and 56 TFEU and 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, 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’) — Concept of business-to-consumer commercial practices — Opening of an establishment seven days a week and advertising of that practice.

Operative part of the order

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as meaning that it does not apply to national legislation, such as that at issue in the main proceedings, which does not pursue objectives related to consumer protection.

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 366/27

Order of the President of the Court of 6 August 2012 (reference for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo — Spain) — Susana Natividad Martínez Álvarez v Consejería de la Presidencia, Justicia e Igualdad del Principado de Asturias

(Case C-194/11) (1)

2012/C 366/50

Language of the case: Spanish

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

(1) OJ C 226, 30.7.2011.
EN Official Journal of the European Union C 108/18

Order of the President of the Court of 21 January 2013 — European Commission v Italian Republic

(Case C-641/11) (1)

2013/C 108/40

Language of the case: Italian

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

(1) OJ C 58, 25.2.2012.
EN Official Journal of the European Union C 108/18

Order of the President of the Eighth Chamber of the Court of 16 November 2012 (reference for a preliminary ruling from the Tribunalul Comercial Cluj — Romania) — SC Volksbank România SA v Andreia Câmpan, Ioan Dan Câmpan

(Case C-571/11) (1)

2013/C 108/39

Language of the case: Romanian

The President of the Eighth Chamber 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 225/56

Order of the President of the Court of 24 April 2013 — Christoph Becker v Société Air France SA

(Case C-594/11) (1)

2013/C 225/107

Language of the case: German

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

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 108/18

Order of the President of the Court of 17 January 2013 (request for a preliminary ruling from the Rechtbank Breda — Netherlands) — Adrianus Theodorus Gerardus Martines van de Ven, Michaele Anna Harriet Tiny can de Ven-Janssen v Koninklijke Luchtvaart Maatschappij NV

(Case C-315/11) (1)

2013/C 108/37

Language of the case: Dutch

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

(1) OJ C 269, 10.9.2011.
EN Official Journal of the European Union C 379/20

Order of the President of the Court of 14 September 2012 — (reference for a preliminary ruling from the Rechtbank Roermond — Netherlands) — Criminal proceedings against Jibril Jaoo

(Case C-88/12) (1)

2012/C 379/34

Language of the case: Dutch

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

(1) OJ C 126, 28.4.2012.
EN Official Journal of the European Union C 129/12

Order of the President of the Court of 6 March 2013 — European Commission v Republic of Poland

(Case C-333/12) (1)

2013/C 129/22

Language of the case: Polish

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

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 108/19

Order of the President of the Court of 28 January 2013 — European Commission v Slovak Republic

(Case C-305/12) (1)

2013/C 108/47

Language of the case: Slovak

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

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 108/10

Order of the Court of 17 January 2013 — Verenigde Douaneagenten BVv European Commission

(Case C-173/12 P) (1)

(Appeal - Article 220(2) of the Customs Code - Post-clearance recovery of import duties - Incorrect presentation of the facts - Import of raw cane sugar)

2013/C 108/20

Language of the case: Dutch

Parties

Appellant: Verenigde Douaneagenten BV (represented by: S. Moolenaar, advocaat)

Other party to the proceedings: European Commission (represented by: B. Burggraaf and L. Keppenne, Agents)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 10 February 2012 in Case T-32/11 Verenigde Douaneagenten v Commission, by which the General Court dismissed in part the application for annulment of Commission Decision C(2010) 6754 final of 1 October 2010 finding that there should be post clearance recovery of import duties and that remission of those duties is not justified in a particular case (REC 02/09)

Operative part of the order

1. The appeal is dismissed.

2. Verenigde Douaneagenten BV are ordered to pay costs.

(1) OJ C 184, 23.6.2012.
EN Official Journal of the European Union C 108/9

Order of the Court of 15 November 2012 — Neubrandenburger Wohnungsgesellschaft mbH v European Commission, Bavaria Immobilien Beteiligungsgesellschaft mbH & Co. Objekte Neubrandenburg KG, Bavaria Immobilien Trading GmbH & Co. Immobilien Leasing Objekt Neubrandenburg KG

(Case C-145/12 P) (1)

(Appeals - State aid - Legal interest in bringing proceedings - Opening of the formal investigation procedure - No need to adjudicate)

2013/C 108/18

Language of the case: German

Parties

Appellant: Neubrandenburger Wohnungsgesellschaft mbH (represented by: M. Núñez-Müller, Rechtsanwalt, and J. Dammann de Chapto, Rechtsanwältin)

Other parties to the proceedings: European Commission (represented by: B. Martenczuk and T. Maxian Rusche, acting as Agents), Bavaria Immobilien Beteiligungsgesellschaft mbH & Co. Objekte Neubrandenburg KG, Bavaria Immobilien Trading GmbH & Co. Immobilien Leasing Objekt Neubrandenburg KG (represented by: C. von Donat, Rechtsanwalt)

Re:

Appeal brought against the order of the General Court (Fifth Chamber) of 9 January 2012 in Case T-407/09 Neubrandenburger Wohnungsgesellschaft v Commission, by which the General Court dismissed as inadmissible the applicant’s action seeking, firstly, annulment of the Commission’s alleged decision contained in the letter of 29 July 2009 declaring that certain contracts concluded by the applicant concerning the sale of dwellings as part of the privatisation of public dwellings in Neubrandenburg do not come within the scope of Article 87(1) EC and, secondly, judgment establishing the Commission’s failure to act for the purposes of Article 232 EC in that the Commission failed to state its position on those contracts on the basis of Article 4 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [88 EC] (OJ 1999 L 83, p. 1) — Infringement of Articles 263(4) and 265 TFEU and the right to an effective judicial remedy — Insufficient statement of reasons by the General Court

Operative part of the order

1. There is no need to adjudicate on the appeal.

2. Neubrandenburger Wohnungsgesellschaft mbH, la Commission européenne, Bavaria Immobilien Beteiligungsgesellschaft mbH & Co. Objekte Neubrandenburg KG et Bavaria Immobilien Trading GmbH & Co. Immobilien Leasing Objekt Neubrandenburg KG shall each bear their own costs relating to the present appeal proceedings.

(1) OJ C 138, 12.5.2012.
EN Official Journal of the European Union C 225/46

Order of the Court (Tenth Chamber) of 21 March 2013 — Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-341/12 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Community trade mark - Figurative mark including the letter ‘G’ and the two symbols of gender - Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ - Refusal of registration by the Board of Appeal)

2013/C 225/79

Language of the case: German

Parties

Appellant: Mizuno KK (represented by: T. Raab and H. Lauf, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Re:

Appeal brought against the judgment delivered by the General Court (Fourth Chamber) on 8 May 2012 in Case T-101/11 Mizuno v OHIM — GOLFINO (G), whereby the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 15 December 2010 (Case R 821/2010-1) relating to opposition proceedings between Mizuno KK and Golfino AG — Figurative sign comprising the letter ‘G’ and the two symbols of gender — Likelihood of confusion with a figurative mark comprising the letter ‘G’ and the symbol ‘+’ — Breach of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)

Operative part of the order

1. The appeal is dismissed.

2. Mizuno KK shall pay the costs.

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 225/57

Order of the President of the Court of 27 March 2013 — European Commission v Republic of Poland

(Case C-331/12) (1)

2013/C 225/118

Language of the case: Polish

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

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 225/48

Order of the Court (Ninth Chamber) of 18 April 2013 (request for a preliminary ruling from the Cour administrative d’appel de Nantes — France) — Adiamix v Ministre de l’Économie et des Finances

(Case C-368/12) (1)

(Article 53(2) of the Rules of Procedure - Reference for a preliminary ruling - State aid - Commission Decision declaring an aid scheme incompatible with the common market - Recovery of aid - Assessment of the validity of an EU act - Lack of information on the reasons justifying the need for a reply to the questions referred - Manifest inadmissibility)

2013/C 225/84

Language of the case: French

Referring court

Cour administrative d’appel de Nantes

Parties to the main proceedings

Applicant: Adiamix

Defendant: Ministre de l’Économie et des Finances

Re:

Request for a preliminary ruling — Cour administrative d’appel de Nantes — Validity of Commission Decision 2004/343/EC of 16 December 2003 on the aid scheme implemented by France for the takeover of firms in difficulty (OJ 2004 L 108, p. 38)

Operative part of the order

The request for a preliminary ruling from the Cour administrative d’appel de Nantes (France), by decision of 26 July 2012, is manifestly inadmissible.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 225/52

Order of the Court (Tenth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunale di Cosenza — Italy) — CCIAA di Cosenza v Ciesse srl

(Case C-468/12) (1)

(Request for a preliminary ruling - Rules of Procedure - Articles 53(2), 93(a), and 99 - Directive 200817/EC - Indirect taxes on the raising of capital - Article 5(1)(c) - Scope - Annual duty paid to local chambers of commerce, industry, crafts and agriculture)

2013/C 225/92

Language of the case: Italian

Referring Court

Tribunale di Cosenza

Parties to the main proceedings

Applicant: Camera di Commercio, Industria, Artigianato e Agricoltura (CCIAA) di Cosenza

Defendant: Ciesse srl, in liquidation

Re:

Request for a preliminary ruling — Tribunale Ordinario di Cosenza — Interpretation of Article 5 of Council Directive 2008/7/EC of 12 February 2008 concerning indirect taxes on the raising of capital (OJ 2008 L 46, p. 11) — Imposition of an annual fee for entry in the register of companies kept by the local chambers of commerce — Amount of the annual duty determined in a more favourable manner for individual undertakings, agricultural partnerships (‘societá semplici’) and law firms than for other economic undertakings

Operative part of the order

Article 5(1)(c) of Council Directive 2008/7/EC of 12 February 2008 concerning indirect taxes on the raising of capital must be interpreted as not precluding the charging of an annual duty, such as that at issue in the main proceedings, paid to chambers of commerce, industry, crafts and agriculture by all undertakings registered or noted in the register kept by those chambers and calculated, in general, on the basis of their turnover, but fixed on a flat-rate basis for certain categories of undertakings, and, in particular, for undertakings individually owned or managed by natural persons.

(1) OJ C 399, 22.12.2012.
EN Official Journal of the European Union C 377/9

Order of the President of the Third Chamber of the Court of 25 September 2013 — Monster Cable Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Live Nation (Music) UK Limited

(Case C-41/12 P) (1)

2013/C 377/18

Language of the case: English

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

(1) OJ C 73, 10.3.2012.
EN Official Journal of the European Union C 304/8

Order of the President of the Forth Chamber of the Court of 10 July 2013 (request for a preliminary ruling from the Tribunalul Giurgiu — Romania) — SC Volksbank România SA v Comisariatul Județean pentru Protecția Consumatorilor Giurgiu

(Case C-123/12) (1)

2013/C 304/15

Language of the case: Romanian

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

(1) OJ C 151, 26.5.2012.
EN Official Journal of the European Union C 175/33

Order of the President of the Court of 16 January 2014 (request for a preliminary ruling from the Audiencia Provincial de Salamanca — Spain) — Josune Esteban Garcia v Cachorros Plus CBF SCP

(Case C-451/12) (1)

2014/C 175/41

Language of the case: Spanish

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

(1) OJ C 399, 22. 12. 2012.