ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 52/22

Order of the Court of Justice (Tenth Chamber) of 5 December 2013 — Luigi Marcuccio v European Commission

(Case C-534/12 P) (1)

(Appeal - Action for review - Order of the General Court of the European Union declaring the action inadmissible - Assignment - Reassignment from the delegation in Luanda (Angola) to Brussels (Belgium) - Decision to pack and remove the applicant’s personal effects in his absence - Consequences of a later judgment of the General Court)

2014/C 52/38

Language of the case: Italian

Parties

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

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, acting as Agents)

Re:

Appeal against the order of the General Court (Third Chamber) of 11 September 2012 in Case T-241/03 REV Marcuccio v Commission by which that court dismissed an application for review of the order of the General Court of 17 May 2006 in Case T-241/03 Marcuccio v Commission — Breach of the first subparagraph of Article 64(4) and Article 127(2) of the Rules of Procedure of the General Court — Breach of the first and second subparagraphs of Article 44 of the Statute of the Court of Justice — Breach of Article 47 of the Charter of Fundamental Rights of the European Union.

Operative part of the order

1. The appeal is dismissed.

2. Mr Luigi Marcuccio is ordered to pay the costs.

(1) OJ C 71, 9.3.2013
EN Official Journal of the European Union C 315/26

Order of the Court (Sixth Chamber) of 26 June 2014 (request for a preliminary ruling from the Tribunal do Trabalho do Porto — Portugal) — Sindicato Nacional dos Profissionais de Seguros e Afins v Fidelidade Mundial — Companhia de Seguros, SA

(Case C-264/12) (1)

((Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure - Charter of Fundamental Rights of the European Union - National legislation establishing salary reductions for certain public sector workers - No implementation of EU law - Manifest lack of jurisdiction of the Court of Justice))

2014/C 315/39

Language of the case: Portuguese

Referring court

Tribunal do Trabalho do Porto

Parties to the main proceedings

Applicant: Sindicato Nacional dos Profissionais de Seguros e Afins

Defendant: Fidelidade Mundial — Companhia de Seguros, SA

Operative part of the order

The Court of Justice of the European Union manifestly lacks jurisdiction with regard to the request for a preliminary ruling from the Tribunal do Trabalho do Porto (Portugal), made by decision of 22 May 2012 (Case C-264/12).

(1) OJ C 209, 14.7.2012.
EN Official Journal of the European Union C 184/2

Order of the Court (Seventh Chamber) of 6 March 2014 — Northern Ireland Department of Agriculture and Rural Development v European Commission

(Case C-248/12 P) (1)

((Appeal - EAGGF, EAGF and EAFRD - Expenditure excluded from European Union financing - Admissibility of the action for annulment - Situation of the appellant not directly affected by the contested decision))

2014/C 184/02

Language of the case: English

Parties

Appellant: Northern Ireland Department of Agriculture and Rural Development (represented by: K. Brown, Solicitor)

Other party to the proceedings: European Commission (represented by: N. Donnelly and P. Rossi, Agents)

Re:

Appeal against the Order of 6 March 2012 in Case T-453/10 Northern Ireland Department of Agriculture and Rural Development v Commission, by which the General Court (Eighth Chamber) dismissed as inadmissible an action for partial annulment of Commission Decision 2010/399/EU (notified under No C(2010) 4894) of 15 July 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 184, p. 6), to the extent that it excludes certain expenditure incurred by the United Kingdom of Great Britain and Northern Ireland

Operative part of the order

1. Dismisses the appeal;

2. Orders the Northern Ireland Department of Agriculture and Rural Development to pay the costs of this appeal.

(1) OJ C 200, 7.7.2012.
EN Official Journal of the European Union C 102/28

Order of the President of the Court of 18 December 2013 — European Commission v Republic of Poland, interveners: Kingdom of the Netherlands, Czech Republic, Federal Republic of Germany, Republic of Finland, United Kingdom of Great Britain and Northern Ireland, Republic of Estonia

(Case C-55/13) (1)

2014/C 102/40

Language of the case: Polish

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

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 52/23

Order of the Court (Sixth Chamber Chamber) of 7 November 2013 — (reference for a preliminary ruling from the Tribunal di Cagliari (Italy)) — Criminal proceedings against Sergio Alfonso Lorrai

(Case C-224/13) (1)

(Request for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Fundamental rights - Excessive length of the criminal proceedings - Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings - Irreversible sickness of the accused - Failure to implement European Union law - Clear lack of jurisdiction of the Court of Justice)

2014/C 52/41

Language of the case: Italian

Referring court

Tribunal di Cagliari (Italy)

Criminal proceedings against

Sergio Alfonso Lorrai

Re:

Request for a preliminary ruling — Tribunal di Cagliari — Interpretation of Article 47(2) of the Charter of Fundamental Rights of the European Union and of Article 6 of the European Convention on Human Rights read together with Article 6 TEU — Excessive length of the criminal proceedings — National legislation laying down the obligation to stay criminal proceedings, for an indefinite period, in the event of sickness of the accused, making him incapable of consciously participating in the proceedings — Obligation to subject the accused to periodic checks — Irreversible sickness of the accused.

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Tribunal di Cagliari (Italy).

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 175/34

Order of the President of the Court of 16 January 2014 (request for a preliminary ruling from the Tribunalul Brașov — Romania) — Imre Solyom, Luiza Solyom v Direcţia Generală a Finanţelor Publice a Judeţului Brașov

(Case C-444/13) (1)

2014/C 175/44

Language of the case: Romanian

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

(1) OJ C 325, 9. 11. 2013.
EN Official Journal of the European Union C 112/26

Order of the President of the Court of 6 February 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Elena Recinto-Pfingsten v Swiss International Air Lines AG

(Case C-259/13) (1)

2014/C 112/33

Language of the case: German

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

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 184/7

Order of the Court (Fourth Chamber) of 3 April 2014 — Lord Inglewood and Others v European Parliament

(Case C-281/13 P) (1)

((Appeal - Additional pension scheme for Members of the European Parliament - Amendment to the additional pension scheme in 2009 - Decisions rejecting the appellants’ applications to benefit from the provisions in force before amendment of the scheme - Errors of law - Legal certainty - Legitimate expectations - Equal treatment - Principle of proportionality))

2014/C 184/09

Language of the case: French

Parties

Appellants: Lord Inglewood, Georges Berthu, Guy Bono, David Robert Bowe, Brendan Donnelly, Catherine Guy-Quint, Christine Margaret Oddy, Nicole Thomas-Mauro, Gary Titley, Maartje van Putten, Vincenzo Viola (represented by: S. Orlandi, avocat)

Other party to the proceedings: European Parliament (represented by: M. Windisch and S. Seyr, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 13 March 2013 in Joined Cases T-229/11 and T-276/11 Inglewood and Others v Parliament, by which the General Court dismissed the appellants’ action for annulment of the decisions of the European Parliament refusing to grant them their voluntary additional pension, early, at the age of 60 or in part in the form of a lump sum — Errors of law — Infringement of acquired rights — Infringement of the principles of legitimate expectations, legal certainty, equal treatment and proportionality

Operative part of the order

1. The appeal is dismissed.

2. Lord Inglewood, Mr Georges Berthu, Mr Guy Bono, Mr David Robert Bowe, Mr Brendan Donnelly, Ms Catherine Guy-Quint, Ms Christine Margaret Oddy, Ms Nicole Thomas-Mauro, Mr Gary Titley, Ms Maartje van Putten and Mr Vincenzo Viola are ordered to pay the costs.

(1) OJ C 226, 03.08.2013.
EN Official Journal of the European Union C 184/23

Order of the President of the Court of 13 February 2014 (request for a preliminary ruling from the Tribunal Central Administrativo Norte — Portugal) — Marina da Conceição Pacheco Almeida v Fundo de Garantia Salarial, IP, Instituto da Segurança Social, IP

(Case C-57/13) (1)

2014/C 184/34

Language of the case: Portuguese

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

(1) OJ C 108, 13. 4. 2013.
EN Official Journal of the European Union C 261/20

Order of the President of the Court of 14 May 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Annegret Weitkämper-Krug v NRW Bank — Anstalt des öffentlichen Rechts

(Case C-571/13) (1)

2014/C 261/37

Language of the case: German

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

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 261/8

Order of the Court (Sixth Chamber) of 10 April 2014 — Franz Wilhelm Langguth Erben GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-412/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 207/2009 - Articles 34(1), 75 and 77(1) - Earlier national and international figurative marks MEDINET - Claiming seniority - Refusal))

2014/C 261/13

Language of the case: German

Parties

Appellant: Franz Wilhelm Langguth Erben GmbH & Co. KG (represented by: R. Kunze and G. Würtenberger, Rechtsanwälte)

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

Operative part of the order

1. The appeal is dismissed.

2. Franz Wilhelm Langguth Erben GmbH & Co. KG shall pay the costs.

(1) OJ C 298, 12.10.2013.
EN Official Journal of the European Union C 315/27

Order of the Court of 15 July 2014 — Hellenic Republic v European Commission

(Case C-71/13 P) (1)

((Appeal - EAGGF, EAGF and EAFRD - Expenditure excluded from European Union financing - Expenditure incurred by the Hellenic Republic))

2014/C 315/41

Language of the case: Greek

Parties

Appellant: Hellenic Republic (represented by: I. Chalkias and E.Leftheriotou)

Other party to the proceedings: European Commission (represented by: D. Triantafyllou, H. Tserepa-Lacomb and A.Markoulli, Agents)

Operative part of the order

1. The appeal is dismissed.

2. The Hellenic Republic is ordered to pay the costs.

(1) OJ C 101, 6 April 2013.
1.

Where, by application of Article 108(3) TFEU, the European Commission has opened the formal investigation procedure provided for in Article 108(2) TFEU with regard to a non-notified measure currently being implemented, a national court, hearing an application for the cessation of the implementation of that measure and the recovery of the sums already paid, is required to adopt all the measures necessary to draw the appropriate conclusions from any breach of the obligation to suspend the implementation of that measure. To that end, the national court may decide either to suspend the implementation of the measure at issue and order the recovery of the sums already paid or to order interim measures in order to safeguard, firstly, the interests of the parties concerned and, secondly, the effectiveness of the Commission’s decision to open the formal investigation procedure.
EN Official Journal of the European Union C 409/24

Order of the Court (Eighth Chamber) of 17 July 2014 — Cytochroma Development, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-490/13 P) (1)

((Appeals - Article 181 of the Rules of Procedure of the Court - Community trade mark - Opposition procedure - Article 169(1) of the Rules of Procedure - Appeal not brought against the operative part of the judgment under appeal - Appeal manifestly unfounded))

2014/C 409/34

Language of the case: English

Parties

Appellant: Cytochroma Development, Inc. (represented by: S. Malynicz, Barrister, A. Smith, Solicitor)

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

Operative part of the order

1. The appeal is dismissed.

2. Cytochroma Development Inc. is ordered to pay the costs.

(1) OJ C 352, of 30.11.2013.
EN Official Journal of the European Union C 315/30

Order of the Court (Sixth Chamber) of 17 July 2014 — Melkveebedrijf Overenk BV and Others v European Commission

(Case C-643/13 P) (1)

((Appeal - Non-contractual liability - Regulation (EC) No 1468/2006 - Levy in the milk and milk products sector - Manifest inadmissibility))

2014/C 315/48

Language of the case: Dutch

Parties

Appellants: Melkveebedrijf Overenk BV, Maatschap Veehouderij Kwakernaak, Mulders Agro vof, Melkveebedrijf Engelen vof, Melkveebedrijf De Peel, Mathijs H. H. M. Moonen (represented by: P. E. Mazel and A van Beelen, advocaten)

Other party to the proceedings: European Commission (represented by: H. Kranenborg and Z. Malůšková, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Melkveebedrijf Overenk BV, Maatschap Veehouderij Kwakernaak, Mulders Agro vof, Melkveebedrijf Engelen vof, Melkveebedrijf De Peel and Mathijs Moonen shall pay the costs.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 56/10

Order of the President of the Court of 18 November 2014 (request for a preliminary ruling from the Juzgado de Primera Instancia No 34 de Barcelona — Spain) — Cajas Rurales Unidas, Sociedad Cooperativa de Crédito v Evaristo Méndez Sena, Edelmira Pérez Vicente, Daniel Méndez Sena, Victoriana Pérez Bicéntez

(Case C-645/13) (1)

(2015/C 056/14)

Language of the case: Spanish

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

(1) OJ C 71, 8.3.2014.
Official Journal of the European Union

Order of the Court of 21 October 2014 — Mundipharma GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), AFT Pharmaceuticals Ltd

(Case C-669/13 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Application for registration of word mark Maxigesic - Opposition of the proprietor of the earlier word mark OXYGESIC - Refusal of registration)

(2015/C 016/17)

Language of the case: German

Parties

Appellant: Mundipharma GmbH (represented by: F. Nielsen, Rechtsanwalt)

Other parties to the proceedings: Office for the Harminisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent), AFT Pharmaceuticals Ltd (represented by: N. Nentwig, Rechtsanwalt)

Operative part of the order

1. The appeal is dismissed.

2. Mundipharma GmbH is ordered to pay the costs.

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 320/2

Order of the Court (Sixth Chamber) of 11 June 2015 (request for a preliminary ruling from the Juzgado de Primera Instancia — Spain) — Banco Bilbao Vizcaya Argentaria, SA v Fernando Quintano Ujeta, María Isabel Sánchez García

(Case C-602/13) (1)

((Reference for a preliminary ruling - Directive 93/13/EEC - Contractual relationship between a seller or a supplier and a consumer - Mortgage contract - Default interest clause - Early repayment clause - Mortgage enforcement proceedings - Moderation of the amount of interest - Powers of the national court))

(2015/C 320/02)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia

Parties to the main proceedings

Applicant: Banco Bilbao Vizcaya Argentaria, SA

Defendant: Fernando Quintano Ujeta, María Isabel Sánchez García

Operative part of the order

1) Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that they do not preclude national provisions for moderating default interest under a mortgage contract, provided that those national provisions: — do not prejudice to the assessment by the national court hearing mortgage enforcement proceedings relating to that contract on the ‘unfairness’ of the default interest clause, and — do not prevent that court setting aside that clause should it conclude that the latter clause is ‘unfair’ within the meaning of Article 3(1) of Directive 93/13.

2) Directive 93/13 must be interpreted as meaning that, where the national court has established the ‘unfairness’ within the meaning of Article 3(1) of Directive 93/13 of a clause in a contract between a consumer and a seller or a supplier, the fact that that clause has not been executed cannot, in itself, prevent the national court drawing the appropriate conclusions from the ‘unfair’ nature of that clause.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 146/31

Order of the President of the Court of 9 December 2014 — United Kingdom of Great Britain and Northern Ireland v European Parliament, Council of the European Union, intervener: European Commission

(Case C-507/13) (1)

(2015/C 146/38)

Language of the case: English

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

(1) OJ C 359, 7.12.2013.
Official Journal of the European Union

Order of the President of the Court of 17 October 2014 (request for a preliminary ruling from the Audiencia Provincial de Navarra, Sección Tercera — Spain) — Antonia Valdivia Reche v Banco de Valencia SA

(Case C-208/14) (1)

(2015/C 016/38)

Language of the case: Spanish

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

(1) OJ C 223, 14.7.2014.
1.

Clause 4 of the Framework Agreement on Fixed-Term Work, concluded on 18 March 1999 and annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding a provision of national law, such as that at issue in the main proceedings, which completely excludes periods of service completed by a fixed-term worker for a public authority from being taken into account in order to determine the length of service of that worker upon his recruitment on a permanent basis by that same authority as a career civil servant under a stabilisation procedure specific to his employment relationship, where the duties performed under fixed-term contracts are the same as those performed by a career civil servant in the same category for that authority, unless that exclusion is justified on ‘objective grounds’ for the purposes of clause 4(1) and/or (4), this being a matter for the referring court to determine. The mere fact that the fixed-term worker completed those periods of service on the basis of an employment relationship or contract for a fixed term does not constitute such an objective ground.
EN Official Journal of the European Union C 81/2

Order of the Court (Seventh Chamber) of 6 November 2014 (application brought by Philippe Adam Krikorian — France) — Grégoire Krikorian and Others

(Case C-243/14) (1)

((Article 267 TFEU - Direct application by the parties - Clear lack of jurisdiction of the Court))

(2015/C 081/02)

Language of the case: French

Application brought by Philippe Adam Krikorian

Parties to the main proceedings

Krikorian and Others

Operative part

The Court of Justice of the European Union manifestly lacks jurisdiction to deal with the application brought by Mr Krikorian and Others.

(1) OJ C 16, 19.1.2015.
EN Official Journal of the European Union C 431/16

Order of the President of the Court of 9 September 2014 (request for a preliminary ruling from the Audiencia Provincial de Navarra — Spain) — Miguel Angel Zurbano Belaza, Antonia Artieda Soria v Banco Bilbao Vizcaya Argentaria, SA

(Case C-93/14) (1)

(2014/C 431/24)

Language of the case: Spanish

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

(1) OJ C 151, 19.5.2014.
EN Official Journal of the European Union C 213/13

Order of the Court (Third Chamber) of 10 March 2015 (requet for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Madrid — Spain) — Rosa dels Vents Assessoria SL v U Hostels Albergues Juveniles SL

(Case C-491/14) (1)

((Reference for a preliminary ruling - Article 99 of the Court’s Rules of Procedure - Trade marks - Directive 2008/95/EC - Article 5(1) - Concept of ‘third party’ - Proprietor of a later trade mark))

(2015/C 213/19)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 3 de Madrid

Parties to the main proceedings

Applicant: Rosa dels Vents Assessoria SL

Defendant: U Hostels Albergues Juveniles SL

Operative part of the order

Article 5(1) of Directive 2008/95/EC of the European Parliament and the Council, of 22 October 2008, to approximate the laws of the Member States relating to trade marks, must be interpreted as meaning that the exclusive right of the proprietor of a trade mark to prevent any third party from using, in course of trade, signs identical with or similar to his mark extends to a third-party proprietor of a later trade mark, without the need for that latter mark to have been declared invalid beforehand.

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 146/12

Order of the Court (Tenth Chamber) of 12 February 2015 — Walcher Meßtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case C-374/14 P) (1)

((Appeal - Rules of Procedure of the Court - Article 181 - Community trade mark - Application for Community word mark HIPERDRIVE - Absolute grounds for refusal - Descriptive character - Regulation (EC) No 207/2009 - Article 7(1)(c) - General principle of equal treatment))

(2015/C 146/18)

Language of the case: German

Parties

Appellant: Walcher Meßtechnik GmbH (represented by S. Walter, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Operative part of the order

1) The appeal is dismissed.

2) Walcher Meßtechnik GmbH shall pay the costs.

(1) OJ C 351, 06.10.2014.
EN Official Journal of the European Union C 320/25

Order of the President of the Court of 16 April 2015 — European Commission v Republic of Finland

(Case C-329/14) (1)

(2015/C 320/36)

Language of the case: Finnish

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

(1) OJ C 292, 1.9.2014.