ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 51/39

Order of the President of the Court of 5 December 2007 — Commission of the European Communities v Federal Republic of Germany

(Case C-245/07) (1)

(2008/C 51/71)

Language of the case: German

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

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 128/27

Order of the President of the Court of 15 January 2008 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (High Court of Justice of Galicia), Spain) — Doña Rosa Méndez López v Instituto Nacional de Empleo (INEM); Instituto Nacional de la Seguridad Social (INSS)

(Case C-97/07) (1)

(2008/C 128/52)

Language of the case: Spanish

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

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 79/10

Order of the Court of 29 November 2007 — Friedrich Weber v Commission of the European Communities

(Case C-107/07 P) (1)

(Appeal - Refusal of access to documents - Manifest inadmissibility)

(2008/C 79/18)

Language of the case: German

Parties

Applicant: Friedrich Weber (represented by: W. Declair, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities (represented by: P. Costa de Oliveira and C. Ladenburger, acting as Agents)

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) of 11 December 2006 in Case T-290/05 Weber v Commission by which the Court of First Instance dismissed as inadmissible an action brought against the decision of the Secretary-General of the Commission of 27 May 2005 rejecting the applicant's request for access to a letter sent by the Directorate-General for Competition to the German Federal Government concerning State aid proceedings in relation to the financing of public-law broadcasting bodies in Germany

Operative part of the order

1. The appeal is dismissed.

2. Mr Weber is ordered to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 171/30

Order of the President of the Third Chamber of the Court of 28 January 2008 (reference for a preliminary ruling from the Kammarrätten i Jönköping, Sweden) — Mattias Jalkhed v Jordbruksverket

(Case C-18/07) (1)

(2008/C 171/50)

Language of the case: Swedish

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

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 128/17

Order of the Court of 19 February 2008 — Tokai Europe GmbH v Commission of the European Communities

(Case C-262/07) (1)

(Appeal - Regulation (EC) No 384/2004 - Classification of certain goods in the Combined Nomenclature - Appeal in part manifestly inadmissible and in part manifestly unfounded)

(2008/C 128/28)

Language of the case: German

Parties

Appellant: Tokai Europe GmbH (represented by: G. Kroemer, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities (represented by: S. Schønberg and B. Schima, acting as Agents)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 19 March 2007 in Case T-183/04 Tokai Europe v Commission, by which the Court dismissed as inadmissible an action for annulment of Commission Regulation (EC) No 384/2004 of 1 March 2004 concerning the classification of certain goods in the Combined Nomenclature (OJ 2004 L 64, p. 21) — Requirement to be individually concerned by the contested regulation — Right to a fair hearing

Operative part of the order

1. The appeal is dismissed.

2. Tokai Europe GmbH is ordered to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 285/12

Order of the Court of 20 June 2008 — Ayuntamiento de Madrid, Madrid Calle 30, SA v Commission of the European Communities

(Case C-448/07 P) (1)

(Appeal - Provision of data relating to the excessive deficit procedure - Regulation (EC) No 3605/93 - European System of Accounts 1995 (ESA 1995) - Regulation (EC) No 2223/96 - Classification of the body ‘Madrid Calle 30’ in the ‘general government sector’ - Eurostat press release - Actionable act)

(2008/C 285/19)

Language of the case: Spanish

Parties

Appellant: Ayuntamiento de Madrid, Madrid Calle 30, SA (represented by: J. Buendía Sierra and R. González-Gallarza Granizo, abogados)

Other party to the proceedings: Commission of the European Communities (represented by: A. Aresu and L. Escobar Guerrero, acting as Agents)

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 12 July 2007, Ayuntamiento de Madrid and Madrid Calle 30, SA v Commission (T-177/06) dismissing as inadmissible an action for annulment of the Eurostat news release No 48/2006 of 24 April 2006 to the extent that it contains a decision of the Commission (Eurostat) on the classification of Madrid Calle 30 in the ‘public administration’ sector within the European System of Accounts (ESA 95)

Operative part of the order

1. The appeal is dismissed.

2. Ayuntamiento de Madrid and Madrid Calle 30, SA are ordered to pay the costs.

(1) OJ C 283, 24.11.2007.
EN Official Journal of the European Union C 209/16

Order of the Court (Fifth Chamber) of 11 April 2008 — Focus Magazine Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Merant GmbH

(Case C-344/07 P) (1)

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

(2008/C 209/22)

Language of the case: German

Parties

Applicant: Focus Magazine Verlag GmbH (represented by: M. Herrmann and B. Müller, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent), Merant GmbH (represented by: A. Schultz, Rechtsanwält)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 16 May 2007 in Case T-491/04 Merant v OHIM, by which the Court annulled decision R 542/2002-2 of the Second Board of Appeal of the Office for Harmonisation in the internal Market (Trade Marks and Designs) (OHIM) of 18 October 2004 upholding an action against the opposition decision which partially rejected the application for registration of Community word mark ‘FOCUS’ for goods and services in classes 3, 6, 7, 8, 9, 14, 15, 16, 21, 24, 25, 26, 28, 29, 32, 33, 34, 35, 36, 38, 39, 41 and 42 in opposition proceedings brought by the proprietor of the national figurative mark ‘MICRO FOCUS’ for goods and services in classes 9, 16, 41 and 42 — Likelihood of confusion between two marks

Operative part of the order

1. The appeal is dismissed.

2. Focus Magazin Verlag GmbH is ordered to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 69/30

Order of the President of the Seventh Chamber of the Court of 14 November 2008 — Commission of the European Communities v Hellenic Republic

(Case C-541/07) (1)

(2009/C 69/60)

Language of the case: Greek

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

(1) OJ C 22, 26.1.2008.
EN Official Journal of the European Union C 313/22

Order of the President of the Fourth Chamber of the Court of 3 September 2008 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Health Research Inc

(Case C-452/07) (1)

(2008/C 313/36)

Language of the case: German

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

(1) OJ C 297, 8.12.2007.
Order of the Court of 9 June 2010 — European Commission v Schneider Electric SA, Federal Republic of Germany, French Republic

(Case C-440/07 P) (1)

(Appeal - Partial annulment of the judgment under appeal - Where the state of the proceedings so permits - Non contractual liability of the Community - Evaluation of the loss)

(2010/C 288/20)

Language of the case: French

Parties

Appellant: European Commission (represented by: M. Petite, F. Arbault, T. Christoforou, R. Lyal and C-F Durand, Agents)

Other parties to the proceedings: Schneider Electric SA (represented by: M. Pittie and A. Winckler, lawyers), Federal Republic of Germany, French Republic

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) in case T-351/03 Schneider Electric v Commission, by which the Court ordered the European Commission to make good, first, the expenses incurred by Schneider Electric SA in respect of its participation in the resumed merger control procedure which followed delivery of the judgments of the Court of First Instance on 22 October 2002 in Cases T-310/01 and T-77/02 Schneider Electric v Commission and, second, two thirds of the loss sustained by Schneider Electric as a result of the reduction in the transfer price of Legrand SA which Schneider Electric had to concede to the transferee in exchange for the postponement of the effective date of sale of Legrand until 10 December 2002 — Conditions governing the establishment of non contractual liability on the part of the Community — Concepts of wrongful act, damage and direct causal link between the wrongful act and the damage suffered — ‘Sufficiently serious’ breach of Community law vitiating the procedure for examination of the compatibility of a concentration with the common market

Operative part of the order

1. The amount of the loss to be made good in point 3 of the operative part of the judgment of the Court of Justice of the European Communities of 16 July 2009 in Case C-440/07 P Commission v Schneider Electric [2009] ECR I-6413 is fixed at EUR 50 000.

2. Schneider Electric SA’s claim relating to the costs is dismissed.

(1) OJ C 22 of 26.01.2008.
EN Official Journal of the European Union C 180/36

Order of the President of the Seventh Chamber of the Court of 6 March 2009 — Commission of the European Communities v Czech Republic

(Case C-496/07) (1)

2009/C 180/62

Language of the case: Czech

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

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 6/18

Order of the President of the Court of 3 October 2008 — Commission of the European Communities v Republic of Malta

(Case C-11/08) (1)

(2009/C 6/33)

Language of the case: English

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

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 285/32

Order of the President of the Court of 8 July 2008 — Commission of the European Communities v Hellenic Republic

(Case C-121/08) (1)

(2008/C 285/57)

Language of the case: Greek

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

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 69/31

Order of the President of the Court of 27 November 2008 — Commission of the European Communities v Ireland

(Case C-48/08) (1)

(2009/C 69/64)

Language of the case: English

The President of the Court 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 69/31

Order of the President of the Court of 5 November 2008 — Commission of the European Communities v Republic of Austria

(Case C-107/08) (1)

(2009/C 69/66)

Language of the case: German

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

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 113/29

Order of the President of the Court of 19 February 2009 — Commission of the European Communities v French Republic

(Case C-332/08) (1)

2009/C 113/58

Language of the case: French

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

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 113/16

Order of the Court of 5 February 2009 (reference for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas) — Mechel Nemunas UAB v Valstybinė mokesčių inspekcija prie Lietuvos respublikos finansų ministerijos

(Case C-119/08) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - First VAT Directive - Sixth VAT Directive - Article 33(1) - Concept of ‘turnover taxes’ - Tax calculated on the basis of an undertaking’s turnover to finance the maintenance and development programme for national roads)

2009/C 113/32

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties

Applicant: Mechel Nemunas UAB

Defendant: Valstybinė mokesčių inspekcija prie Lietuvos respublikos finansų ministerijos

Re:

Reference for a preliminary ruling — Lietuvos vyriausiasis administracinis teismas — Interpretation of First Council Directive 67/227/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes (OJ, English Special Edition 1967, p. 14) and of Article 33 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 45, p. 1) — Lithuanian road tax calculated on the basis of an undertaking’s turnover to finance the maintenance and development programme for national roads

Operative part of the order

Article 33 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 91/680/EEC of 16 December 1991, must be interpreted as meaning that it does not preclude a tax such as the levy on revenue laid down by the Lithuanian Law on the financing of the road maintenance and development programme (Lietuvos Respublikos kelių priežiūros ir plėtros programos finansavimo įstatymas).

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 167/8

Order of the President of the Court of 27 March 2009 — Commission of the European Communities v Ireland

(Case C-418/08) (1)

2009/C 167/17

Language of the case: English

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

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 141/36

Order of the President of the Court of 24 March 2009 (reference for a preliminary ruling from the Cour d’appel de Liège (Belgium)) — Real Madrid Football Club, Zinedine Zidane, David Beckham, Raul Gonzalez Blanco, Ronaldo Luiz Nazario de Lima, Luis Filipe Madeira Caeiro, Futebol Club Do Porto S.A.D., Victor Baia, Ricardo Costa, Diego Ribas da Cunha, P.S.V. N.V., Imari BV, Juventus Football Club SPA v Sporting Exchange Ltd, William Hill Credit Limited, Victor Chandler (International) Ltd, BWIN International Ltd (Betandwin), Ladbrokes Betting and Gaming Ltd, Ladbroke Belgium S.A., Internet Opportunity Entertainment Ltd, Global Entertainment Ltd

(Case C-584/08) (1)

2009/C 141/73

Language of the case: French

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 220/31

Order of the President of the Court of 5 June 2009 — Commission of the European Communities v Italian Republic

(Case C-500/08) (1)

2009/C 220/61

Language of the case: Italian

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

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 205/14

Order of the Court of 26 March 2009 — Efkon AG v European Parliament, Council of the European Union, Commission of the European Communities

(Case C-146/08 P) (1)

(Appeal - Directive 2004/52/EC - Interoperability of electronic road toll systems in the Community - Appeal manifestly inadmissible or manifestly unfounded)

2009/C 205/25

Language of the case: German

Parties

Appellant: Efkon AG (represented by: M. Novak, Rechtsanwalt)

Other parties to the proceedings: European Parliament (represented by: U. Rösslein and A. Neergaard, Agents), Council of the European Union (represented by: M. Bauer and E. Karlsson, Agents), Commission of the European Communities (represented by: N. Yerrell and G. Braun, Agent)

Re:

Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 22 January 2008 in Case T-298/04 Efkon v Parliament and Council, by which the Court of First Instance dismissed as inadmissible the action seeking annulment of Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (OJ 2004 L 166, p. 124) — Requirement of being individually concerned by the contested act — Right to be heard before a court — Length of the proceedings before the Court of First Instance

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders Efkon AG to pay the costs.

(1) OJ C 171, 05.07.2008.
EN Official Journal of the European Union C 11/10

Order of the Court of 24 September 2009 — Município de Gondomar v Commission of the European Communities

(Case C-501/08 P) (1)

(Appeal - Cohesion Fund - Regulation (EC) No 1164/94 - Cancellation of Community financial assistance - Action for annulment - Admissibility - Measures of direct and individual concern to the applicant)

2010/C 11/17

Language of the case: Portuguese

Parties

Appellant: Município de Gondomar (represented by: J.L. da Cruz Vilaça and L. Pinto Monteiro, advogados)

Other party to the proceedings: Commission of the European Communities (represented by: P. Guerra e Andrade and B. Conte, Agents)

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 10 September 2008 in Case T-324/06 Município de Gondomar v Commission in which the Court of First Instance declared inadmissible the action for annulment of Commission Decision C(2006) 3782 of 16 August 2006 on the cancellation of the financial assistance granted by the Cohesion Fund for Project No 95/10/61/017 — Redevelopment of Greater Oporto/South — Gondomar subsystem

Operative part of the order

1. The appeal is dismissed.

2. The Município de Gondomar shall pay the costs.

(1) OJ C 19, 24.01.2009.
EN Official Journal of the European Union C 63/43

Order of the President of the Sixth Chamber of the Court of 12 November 2009 — Commission of the European Communities v Republic of Hungary

(Case C-530/08) (1)

2010/C 63/70

Language of the case: Hungarian

The President of the Sixth Chamber 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 51/28

Order of the President of the Eighth Chamber of the Court of 12 November 2009 — Commission for the European Communities v Kingdom of Sweden

(Case C-548/08) (1)

2010/C 51/46

Language of the case: Swedish

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

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 30/10

Order of the Court (Seventh Chamber) of 6 October 2010 (reference for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 2 de Granada-Spain) — Carlos Sáez Snchez, Patricia Rueda Vargas v Junta de Andalucía, Manual Jalón Morente and Others

(Case C-563/08) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - Proximity - Provision of medicinal products to the public - Operating licence - Territorial distribution of pharmacies - Establishment of limits based on population density - Minimum distance between pharmacies keywords)

2011/C 30/16

Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo No 2 de Granada-Spain

Parties to the main proceedings

Applicants: Carlos Sáez Sánchez, Patricia Rueda Vargas

Defendants: Junta de Andalucía, Manual Jalón Morente and Others

Re:

Reference for a preliminary ruling — Juzgado de lo Contencioso-Administrativo No 2 de Granada — Interpretation of Article 43 EC — Legislation laying down the conditions for the opening of new pharmacies — Limits according to the number of inhabitants and the need to maintain a minimum distance between the pharmacies

Operative part of the order

Article 49 TFEU must be interpreted as not precluding, in principle, national legislation, such as that at issue in the cases before the referring court, which imposes restrictions on the issue of licences for the opening of new pharmacies, by providing that:

— in each pharmaceutical area, a single pharmacy may be opened, as a general rule, per unit of 2800 inhabitants;

— a supplementary pharmacy may not be opened until that threshold has been exceeded, that pharmacy being established for the fraction above 2000 inhabitants; and

— each pharmacy must be a minimum distance away from existing pharmacies, that distance being, as a general rule, 250 metres.

Nevertheless, Article 49 TFEU precludes such national legislation in so far as the basic ‘2800 inhabitants’ and ‘250 metres’ rules prevent, in any geographical area which has special demographic features, the establishment of a sufficient number of pharmacies to ensure adequate pharmaceutical services, that being a matter for the national court to ascertain.

(1) OJ C 69, 21.03.2009.
EN Official Journal of the European Union C 134/28

Order of the President of the First Chamber of the Court of 23 February 2010 (reference for a preliminary ruling from the Corte Suprema di Cassazione — Italy) — Latex Srl v Agenzie delle Entrate, Amministrazione Dell’Economia e delle Finanze

(Case C-316/08) (1)

2010/C 134/44

Language of the case: Italian

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

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 282/33

Order of the President of the Court of 29 June 2009 — Commission of the European Communities v Kingdom of Spain

(Case C-114/09) (1)

2009/C 282/62

Language of the case: Spanish

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

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 63/44

Order of the President of the Court of 12 November 2009 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-126/09) (1)

2010/C 63/74

Language of the case: French

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

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 51/28

Order of the President of the Court of 2 December 2009 — European Commission v Italian Republic

(Case C-42/09) (1)

2010/C 51/48

Language of the case: Italian

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

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 148/23

Order of the President of the Court of 26 February 2010 — European Commission v Hellenic Republic

(Case C-370/09) (1)

2010/C 148/39

Language of the case: Greek

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

(1) OJ C 267, 07.11.2009.
EN Official Journal of the European Union C 100/34

Order of the President of the Court of 15 January 2010 — European Commission v Republic of Austria

(Case C-313/09) (1)

2010/C 100/50

Language of the case: German

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

(1) OJ C 256, 24.10.2009.
Official Journal of the European Union

Order of the President of the Court of 22 June 2010 — European Commission v Republic of Estonia

(Case C-527/09) (1)

()

(2010/C 288/49)

Language of the case: Estonian

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

(1) OJ C 63, 13.3.2010.