ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 327/21

Order of the President of the Court of 13 October 2008 (reference for a preliminary ruling from the Tribunal administratif — Luxembourg) — Miloud Rimoumi, Gabrielle Suzanne Marie Prick v Ministre des Affaires étrangères et de l'Immigration

(Case C-276/08) (1)

(2008/C 327/38)

Language of the case: French

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

(1) OJ C 236, 13.9.2008.
EN Official Journal of the European Union C 209/18

Order of the Court (Eighth Chamber) of 22 May 2008 (reference for a preliminary ruling from the Hoge Raad der Nederlanden Den Haag (Netherlands)) — M. Ilhan v Staatssecretaris van Financiën

(Case C-42/08) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Freedom to provide services - Articles 49 EC to 55 EC - Motor vehicles - Use in one Member State of a motor vehicle registered and leased in another Member State - Taxation of that vehicle in the first Member State)

(2008/C 209/25)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden Den Haag

Parties to the main proceedings

Applicant: M. Ilhan

Defendant: Staatssecretaris van Financiën

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden Den Haag — Interpretation of Articles 49 EC to 55 EC — National rules providing for imposition of a registration tax on first use of a vehicle on the national road network irrespective of the duration of use of that network — Liability to tax of a person established in that Member State who has leased a vehicle which is registered in another Member State and which is intended for use essentially in the first Member State for professional and private purposes for a period of three years

Operative part of the order

Articles 49 EC to 55 EC preclude the application of national rules, such as those at issue in the main proceedings, by virtue of which a person, residing or established in a Member State, who uses — primarily in that Member State — a motor vehicle registered and leased in another Member State, must, on first use of that vehicle on the road network of the first Member State, pay a tax which is calculated without taking into account the duration of the leasing agreement for that vehicle or the length of time that vehicle will be used on that road network.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 69/32

Order of the President of the Court of 7 January 2009 (reference for a preliminary ruling from the Juzgado de lo Mercantil no 1 de Málaga — Spain) — Finn Mejnertsen v Betina Mandal Barsoe

(Case C-148/08) (1)

(2009/C 69/70)

Language of the case: Spanish

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

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 44/25

Order of the Court (Sixth Chamber) of 13 November 2008 (references for a preliminary ruling from the Diikitiko Efetio Thessalonikis, Greece) — Maria Kastrinaki v Panepistimiako Geniko Nosokomeio Thessalonikis AHEPA

(Joined Cases C-180/08 and C-186/08) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 89/48/EEC - Recognition of diplomas - Studies completed in an ‘independent study centre’ not recognised as an educational establishment by the host Member State)

(2009/C 44/41)

Language of the case: Greek

Referring court

Diikitiko Efetio Thessalonikis

Parties

Appellant: Maria Kastrinaki

Respondent: Panepistimiako Geniko Nosokomeio Thessalonikis AHEPA

Re:

Reference for a preliminary ruling — Diikitiko Efetio Thessalonikis — Interpretation of Articles 1, 2, 3 and 4 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16) — Interpretation of Article 39(1) EC, the first paragraph of Article 10 EC and Articles 43, 47(1), 49, 55, 149 and 150 EC — National of a Member State who has pursued a regulated profession in the host Member State before and after recognition of professional equivalence resulting from academic qualifications obtained in another Member State — Prior completion of part of university studies, under a franchising agreement, in an institution not recognised as an educational establishment by the host Member State — Possibility, by reason of a refusal to recognise such qualifications, of excluding a worker from professional activity

Operative part of the order

The competent authorities of a host Member State are required, under Article 3 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, to permit a national of a Member State who holds a diploma within the meaning of that directive issued by a competent authority of another Member State to pursue his profession on the same conditions as apply to holders of national diplomas even though that diploma:

— attests to education and training received, in whole or in part, at an establishment located in the host Member State which, according to the legislation of that State, is not recognised as an educational establishment, and

— has not been homologated by the competent national authorities.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 113/28

Order of the President of the Court of 20 January 2009 — Commission of the European Communities v Italian Republic

(Case C-257/08) (1)

2009/C 113/55

Language of the case: Italian

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

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 69/33

Order of the President of the Court of 26 November 2008 — Commission of the European Communities v Hellenic Republic

(Case C-220/08) (1)

(2009/C 69/77)

Language of the case: Greek

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

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 141/21

Order of the Court of 20 January 2009 — Jörn Sack v Commission of the European Communities

(Case C-38/08 P) (1)

(Appeal - Civil service - Remuneration - Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 - Principle of equal treatment)

2009/C 141/36

Language of the case: German

Parties

Appellant: Jörn Sack (represented by: D. Mahlo, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities (represented by: B. Wägenbaur and J. Currall, acting as Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2007 in Case T-66/05 Sack v Commission, by which the Court of First Instance rejected the application for the annulment of the decisions relating to the setting of the applicant’s monthly salary for the period from May 2004 to February 2005, application for that salary to be recalculated and application for the annulment of the decision expressly rejecting the applicant’s complaint — Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 in the Commission’s legal service responsible for the coordination of a working group — Infringement of the principle of equal treatment.

Operative part

1. The appeal is dismissed;

2. Mr Sack shall bear his own costs and pay the costs incurred by the Commission of the European Communities.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 141/35

Order of the President of the Court of 20 March 2009 — Commission of the European Communities v Federal Republic of Germany

(Case C-326/08) (1)

2009/C 141/69

Language of the case: German

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 205/16

Order of the Court of 5 May 2009 — WWF-UK v Council of the European Union, Commission of the European Communities

(Case C-355/08 P) (1)

(Appeal - Regulation (EC) No 2371/2002 - Consultation of Regional Advisory Councils concerning measures governing access to waters and resources and the sustainable pursuit of fishing activities - Regulation (EC) No 41/2007 - Fixing for 2007 of the total allowable catches for cod - Dissenting minority view recorded by members of a Regional Advisory Council in the RAC report on those total allowable catches - Action for annulment of Regulation No 41/2007 brought by such a member - Inadmissibility - Appeal clearly unfounded)

2009/C 205/28

Language of the case: English

Parties

Appellant: WWF-UK (represented by: P. Sands and J. Simor, barristers, and by R. Stein, solicitor)

Other parties to the proceedings: Council of the European Union (represented by: M. Moore and A. De Gregorio Merino, Agents), Commission of the European Communities (represented by: P. Oliver, Agent)

Re:

Appeal brought against the order of 2 June 2008 in Case T-91/07 WWF-UK v Council by which the Court of First Instance (Eighth Chamber) declared inadmissible an application for the partial annulment of Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2007 L 15, p. 1), to the extent that it fixed the ‘total allowable catches’ (‘TACs’) for 2007 in respect of the fishing of cod in the areas covered by Council Regulation (EC) No 423/2004 (OJ 2004 L 70, p. 8) — Requirement that the contested measure must be of individual concern

Operative part of the order

1. Dismisses the appeal;

2. Orders WWF UK Ltd to pay the costs;

3. Orders the Commission of the European Communities to bear its own costs.

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 180/24

Order of the Court (Seventh Chamber) of 17 March 2009 (reference for a preliminary ruling from the Tribunale ordinario di Milano, Italy) — Rita Mariano v Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL)

(Case C-217/08) (1)

(Article 104(3) of the Rules of Procedure - Equal treatment in employment matters - Articles 12 EC and 13 EC - Grant of survivor’s benefit - National provision laying down differences in treatment between surviving spouses and surviving cohabitees)

2009/C 180/41

Language of the case: Italian

Referring court

Tribunale ordinario di Milano

Parties to the main proceedings

Applicant: Rita Mariano

Defendant: Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL)

Re:

Reference for a preliminary ruling — Tribunale Ordinario di Milano — Interpretation of Articles 12 and 13 EC — Equal treatment in employment matters — Grant of survivor’s benefit — National provision laying down differences in treatment between surviving spouses and surviving partners who were in a life partnership.

Operative part

The application, which the courts of Member States must ensure, of the prohibition under Community law of all discrimination is not mandatory where the allegedly discriminatory treatment contains no link with Community law. In circumstances such as those at issue in the main proceedings, no such link arises from Articles 12 EC and 13 EC in themselves.

Those articles do not preclude, in those circumstances, national rules under which, in the event of the death of a person as a result of an accident, a pension amounting to 50 % of the remuneration received by that person before his death is paid solely to his surviving spouse and the infant child of the deceased receives only a pension amounting to 20 % of that remuneration.

(1) OJ C 197, 02.08.2008.
EN Official Journal of the European Union C 11/20

Order of the President of the Court of 4 September 2009 — Commission of the European Communities v Portuguese Republic

(Case C-531/08) (1)

2010/C 11/36

Language of the case: Portuguese

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

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 267/52

Order of the President of the Eighth Chamber of the Court of 1 July 2009 — Commission of the European Communities v Republic of Poland

(Case C-72/08) (1)

2009/C 267/87

Language of the case: Polish

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

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 63/18

Order of the Court (Sixth Chamber) of 4 December 2009 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Dr. Grandel GmbH

(Joined Cases C-488/08 P and C-489/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks Epican and Epican Forte - Opposition by the proprietor of the Community word mark EPIGRAN - Likelihood of confusion - Partial rejection of the application for registration - Appeals manifestly inadmissible)

2010/C 63/27

Language of the case: German

Parties

Applicant: Matthias Rath (represented by: S. Ziegler, C. Kleiner and F. Dehn, Rechtsanwälte)

Defendants: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Dr. Grandel GmbH

Re:

Appeal brought against the order of the Court of First Instance (Seventh Chamber) of 8 September 2008, Rath v OHIM and Grandel (Case T-373/06) in which the Court of First Instance dismissed as manifestly lacking any foundation in law the action for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 dismissing in part the action brought against the decision of the Opposition Division which, by upholding the opposition by the proprietor of the earlier Community word mark ‘EPIGRAN’, refused to register the word mark ‘EPICAN FORTE’ for goods and services in class 5 — Likelihood of confusion between the two marks

Operative part of the order

1. The appeals are dismissed.

2. Mr Rath is ordered to pay the costs.

(1) OJ C 82 of 4.04.2009.
EN Official Journal of the European Union C 11/9

Order of the Court of 23 September 2009 — Complejo Agrícola, SA v Commission of the European Communities, Kingdom of Spain

(Case C-415/08 P) (1)

(Appeal - Protection of habitats - List of sites of Community importance for the Mediterranean biogeographical region - Commission Decision - Action for annulment brought by natural or legal persons - Admissibility - Appeal clearly unfounded)

2010/C 11/14

Language of the case: Spanish

Parties

Appellant: Complejo Agrícola, SA (represented by: A. Menéndez Menéndez and G. Yanguas Montero, abogados)

Other parties to the proceedings: Commission of the European Communities (represented by: D. Recchia and A. Alcover San Pedro, agents), Kingdom of Spain (represented by: F. Díez Moreno, agent)

Re:

Appeal brought against the order of the Court of First Instance (First Chamber) of 14 July 2008 in Case T-345/06 Complejo Agrícola v Commission, in which the Court of First Instance dismissed as inadmissible the application for partial annulment of Article 1 of Annex 1 of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Acebuchales de la Campiña sur de Cádiz’, which includes a farm belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region

Operative part of the order

1. The appeal is dismissed.

2. Complejo Agrícola S.A. is ordered to bear its own costs.

3. The Kingdom of Spain is ordered to bear its own costs.

(1) OJ C 313 of 06.12.2008
EN Official Journal of the European Union C 234/30

Order of the President of the First Chamber of the Court of 6 May 2010 — European Commission v Italian Republic

(Case C-572/08) (1)

()

2010/C 234/50

Language of the case: Italian

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

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 100/11

Order of the Court of 9 December 2009 — Luigi Marcuccio v European Commission

(Case C-513/08 P) (1)

(Appeal - Officials - Social security - Express refusal of an application for reimbursement of 100 % of certain medical expenses incurred by the official - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 100/16

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission (represented by: J. Currall, and C. Berardis-Kayser, Agents, and A. dal Ferro, avvocato)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 9 September 2008 in Case T-143/08 Marcuccio v Commission, by which that Court dismissed as inadmissible the application for annulment of the decisions of the Settlements Office of the Joint Sickness Insurance Scheme of the European Communities refusing to give prior authorisation for 100 % of certain medical expenses incurred by the appellant and to reimburse the cost of a medical consultation in accordance with the rules applicable to consultations of medical experts, and an application that the Commission be ordered to pay certain medical expenses

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Mr Marcuccio to pay the costs of the appeal.

(1) OJ C 32, of 07.02.2009.
EN Official Journal of the European Union C 220/31

Order of the President of the Court of 18 June 2009 — Commission of the European Communities v Portuguese Republic

(Case C–11/09) (1)

2009/C 220/65

Language of the case: Portuguese

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

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 51/29

Order of the President of the Court of 19 November 2009 — Commission of the European Communities v Portuguese Republic

(Case C-252/09) (1)

2010/C 51/56

Language of the case: Portuguese

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 51/28

Order of the President of the Court of 11 November 2009 — Commission of the European Communities v Kingdom of the Netherlands

(Case C-192/09) (1)

2010/C 51/52

Language of the case: Dutch

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

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 134/13

Order of the Court of 29 January 2010 — Georgios Karatzoglou v European Agency for Reconstruction (EAR), European Commission, successor in law to the EAR

(Case C-68/09 P) (1)

(Appeals - Article 119 of the Rules of Procedure - Civil service - Temporary staff contract for an indefinite period - Termination)

2010/C 134/20

Language of the case: English

Parties

Appellant: Georgios Karatzoglou (represented by: S.A. Pappas, dikigoros)

Other parties to the proceedings: European Agency for Reconstruction (EAR), European Commission, successor in law to the EAR (represented by: D. Martin and J. Currall, Agents)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 2 December 2008 in Case T-471/04 Karatzoglou v European Agency for Reconstruction (EAR) — Referral back to the Court of First Instance after setting aside — Dismissal of an application for annulment of the decision of the EAR terminating the applicant’s contract as a member of the temporary staff — Obligation to state reasons — Misuse of powers — Principle of sound administration.

Operative part of the order

1. The appeal is dismissed.

2. Mr Karatzoglou shall pay the costs.

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 63/45

Order of the President of the Court of 15 December 2009 — European Commission v Portuguese Republic

(Case C-280/09) (1)

2010/C 63/78

Language of the case: Portuguese

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

(1) OJ C 256, 24.10.2009.
Order of the Court (Seventh Chamber) of 17 June 2010 (reference for a preliminary ruling from the Anotato Dikastirio Kyprou (Republic of Cyprus)) — Giorgos Michalias v Christina A. Ioannou-Michalia

(Case C-312/09) (1)

(Article 104(3), second paragraph of the Rules of Procedure - Regulation (EC) No 1347/2000 - Articles 2, 42 and 46 - Judicial cooperation in civil matters - Jurisdiction in matrimonial matters - Accession of a State to the European Union - Divorce proceedings commenced before accession - Temporal scope of Regulation (EC) No 1347/2000))

(2010/C 288/23)

Language of the case: Greek

Referring court

Anotato Dikastirio Kyprou

Parties to the main proceedings

Applicant: Giorgos Michalias

Defendant: Christina A. Ioannou-Michalia

Re:

Reference for a preliminary ruling — Anotato Diastirio Kyprou — Jurisdiction of the courts of a Member State (Cyprus) to interpret and apply Articles 2(1), 42 and 46 of Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ 2000 L 160, p. 19) — Divorce proceedings commenced by the husband before the courts of Cyprus after the entry into force of the regulation but before Cyprus became a Member State — Divorce proceedings begun by the wife after 1 May 2004 before the courts of another Member State (United Kingdom) which was a Member State throughout the relevant period — Both spouses being Cypriot nationals but having their permanent residence in the United Kingdom.

Operative part

Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses is not applicable to divorce proceedings brought before the courts of a State before the latter became a Member State of the European Union.

(1) OJ C 244 of 10.10.2009.
EN Official Journal of the European Union C 179/14

Order of the Court (Seventh Chamber) of 18 March 2010 (reference for a preliminary ruling from the Arios Pagos — Greece) — Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v Divani Acropolis Hotel and Tourism AE

(Case C-136/09) (1)

(Article 104(3) of the Rules of Procedure - Copyright and related rights in the information society - Directive 2001/29/EC - Article 3 - Concept of ‘communication to the public’ - Works communicated by means of television sets installed in hotel rooms)

2010/C 179/23

Language of the case: Greek

Referring court

Arios Pagos

Parties to the main proceedings

Applicant: Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon

Defendant: Divani Acropolis Hotel and Tourism AE

Intervener in support of the defendant: Hellenic Chamber of Hotels

Re:

Reference for a preliminary ruling — Arios Pagos — Interpretation of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10) — Concept of ‘communication to the public’ — Works transmitted by means of television sets installed in hotel rooms and connected to the central antenna of the hotel with no other action by the hotel to ensure reception of a signal by hotel customers

Operative part of the order

The hotelier, by installing televisions in his hotel rooms and by connecting them to the central antenna of the hotel, thereby, and without more, carries out an act of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.

(1) OJ C 141, of 20.06.2009.