ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 69/15

Order of the Court (Third Chamber) of 27 November 2008 (reference for a preliminary ruling from the Niedersächsisches Finanzgericht (Germany)) — Monika Vollkommer v Finanzamt Hannover-Land I

(Case C-156/08) (1)

(Article 104(3) of the Rules of Procedure - Sixth VAT Directive - Article 33(1) - Meaning of ‘turnover taxes’ - Real property transfer tax)

(2009/C 69/25)

Language of the case: German

Referring court

Niedersächsisches Finanzgericht (Germany)

Parties

Applicant: Monika Vollkommer

Defendant: Finanzamt Hannover-Land I

Re:

Reference for a preliminary ruling — Niedersächsisches Finanzgericht — Interpretation of Article 33(1) 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 145, p. 1) and of Article 401 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Account taken, for the purposes of determining the basis of assessment of real property transfer tax (‘Grunderwerbsteuer’), of future building work subject to turnover tax if the purchase includes both the supply of the building plot and the building work

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 not precluding a Member State, on the transfer of a plot of land not yet built on, from including future building work in the taxable amount used for the assessment of taxes on transfers and transactions — such as the ‘Grunderwerbsteuer’ provided for under German law — and thereby making a transaction that is subject to value added tax under that directive subject also to those other taxes, provided that the latter cannot be characterised as turnover taxes.

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 69/14

Order of the Court (Sixth Chamber) of 9 December 2008 — Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-20/08 P) (1)

(Appeal - Community trade mark - Three-dimensional mark made up of the shape of the product - Regulation (EC) No 40/94 - Article 7(1) - Distinctive character of the mark - Appeal in part manifestly inadmissible and in part manifestly unfounded)

(2009/C 69/23)

Language of the case: German

Parties

Appellant: Enercon GmbH (represented by: R. Böhm and U. Sander, Rechtsanwälte)

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

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 in Case T-71/06 Enercon GmbH v OHIM, by which the Court of First Instance dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 30 November 2005 rejecting the action for annulment of the examiner's decision refusing to register a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine for goods in Class 7 — Distinctive character of a three-dimensional mark made up of the shape of the product

Operative part of the order

1. The appeal is dismissed.

2. Enercon GmbH is ordered to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 113/29

Order of the President of the Court of 6 March 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-329/08) (1)

2009/C 113/57

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 113/18

Order of the Court (Fifth Chamber) of 20 January 2009 — Sebirán S.L. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), El Coto de Rioja S.A.

(Case C-210/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Figurative mark Coto D’Arcis - Opposition by the proprietor of word marks COTO DE IMAZ and EL COTO - Partial refusal to register)

2009/C 113/35

Language of the case: Spanish

Parties

Appellant: Sebirán S.L. (represented by: J.A. Calderón Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent), El Coto de Rioja S.A. (represented by: J. Grimau Muñoz and J. Villamor Muguerza, abogados)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) delivered on 12 March 2008 in Case T-332/04 Sebirán v OHIM and El Coto de Rioja in which the Court dismissed the application of Sebirán S.L. for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 June 2004 (Case R 550/2003-2)

Operative part of the order

1. The appeal is dismissed.

2. Sebirán S.L. is ordered to pay the costs.

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 167/2

Order of the Court (Sixth Chamber) of 26 March 2009 (Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia — Italy) — Maria Catena Rita Pignataro v Ufficio Centrale Circoscrizionale c/o Tribunale di Catania, Ufficio Centrale Regionale per l'elezione del Presidente dell'Assemblea Regionale Siciliana c/o Corte d'Appello di Palermo, Assemblea Regionale Siciliana, Presidenza del Consiglio dei Ministri, Ministero dell’Interno, Ministero dell’Economia, Andrea Vitale, Antonino Di Guardo, Fabio M. Mancuso

(Case C-535/08) (1)

(Eligibility requirements for regional elections - Requirement of residence in the region concerned - Articles 17 EC and 18 EC - Fundamental rights - No link with Community law - Court clearly lacking jurisdiction)

2009/C 167/03

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Sicilia

Parties

Applicant: Maria Catena Rita Pignataro

Defendants: Ufficio Centrale Circoscrizionale c/o Tribunale di Catania, Ufficio Centrale Regionale per l'elezione del Presidente dell'Assemblea Regionale Siciliana c/o Corte d'Appello di Palermo, Assemblea Regionale Siciliana, Presidenza del Consiglio dei Ministri, Ministero dell’Interno, Ministero dell’Economia, Andrea Vitale, Antonino Di Guardo, Fabio M. Mancuso

Re:

Reference for a preliminary ruling — Tribunale Amministrativo Regionale per la Sicilia — Interpretation of Article 6 EU, Article 3 of the First Additional Protocol and Article 2 of the Fourth Additional Protocol to the European Convention on Human Rights and Article 25 of the International Covenant on Civil and Political Rights — Interpretation of Articles 17 EC and 18 EC — Compatibility of regional legislation restricting the right of an Italian national to be nominated for election on the basis of a requirement of residence in the region

Operative part of the order

1. Articles 17 EC and 18 EC do not preclude national legislation which, in a situation such as that at issue in the main proceedings, includes among the requirements for eligibility for election to a regional assembly, the obligation to be residing in the region concerned at the time when nominations are put forward.

2. The Court of Justice of the European Communities clearly does not have jurisdiction to reply to the first question referred by the Tribunale Amministrativo Regionale per la Sicilia.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 141/34

Order of the President of the Court of 3 March 2009 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — proceedings brought by Hermann Fischer, Rolf Schlatter, interested party: Regierungspräsidium Freiburg

(Case C-193/08) (1)

2009/C 141/63

Language of the case: German

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 220/30

Order of the President of the Court of 14 May 2009 — Commission of the European Communities v Republic of Poland

(Case C-435/08) (1)

2009/C 220/59

Language of the case: Polish

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 205/15

Order of the Court of 25 March 2009 — Isabella Scippacercola, Ioannis Terezakis v Commission of the European Communities

(Case C-159/08 P) (1)

(Appeals - Abuse of dominant position - Allegation of excessive charges applied by the operator of Athens International Airport - Rejection of the complaint - No Community interest)

2009/C 205/26

Language of the case: English

Parties

Appellants: Isabella Scippacercola, Ioannis Terezakis (represented by: B. Lombart, avocat)

Other party to the proceedings: Commission of the European Communities (represented by: T. Christoforou, V. Di Bucci and F. Ronkes Agerbeek, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 16 January 2008 in Case T-306/05 Isabella Scippacercola and Ioannis Terezakis v Commission of the European Communities, dismissing an application seeking to annul the Commission Decision dated 2 May 2005 refusing to take action on the applicants’ complaint concerning an alleged abuse by Athens International Airport at Spata of its dominant position and its imposition of excessive charges on users

Operative part of the order

1. The appeal is dismissed.

2. Mrs Scippacercola and Mr Terezakis shall pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 11/10

Order of the Court (Eighth Chamber) of 24 September 2009 — Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), *Acri.Tec AG Gesellschaft für ophthalmologische Produkte

(Case C-481/08 P) (1)

(Appeals - Community trade mark - Word mark BioVisc - Opposition filed by the proprietor of Community and international word marks PROVISC and DUOVISC - Rejection of the opposition by the Board of Appeal of OHIM)

2010/C 11/16

Language of the case: English

Parties

Appellant: Alcon Inc. (represented by: M. Graf, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Folliard-Monguiral, acting as Agent), *Acri.Tec AG Gesellschaft für ophthalmologische Produkte (represented by: H. Förster, Rechtsanwalt)

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) in Case T-106/07 Alcon v OHIM and *Acri.Tec by which the Court of First Instance dismissed an action for annulment brought by the proprietor of the Community and international word marks ‘PROVISC’ and ‘DUOVISC’ for goods in Class 5 against Decision R 660/2006-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2005 annulling the decision of the Opposition Division which refused registration of the word mark ‘BioVisc’ for goods in Class 5 in the context of the opposition filed by the applicant

Operative part of the order

1. The appeal is dismissed.

2. Alcon Inc. is ordered to pay the costs.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 282/18

Order of the Court (Seventh Chamber) of 9 July 2009 (reference for a preliminary ruling from the Tribunal de première instance de Mons — Belgium) — Régie communale autonome du stade Luc Varenne v Belgian State — SPF Finances

(Affaire C-483/08) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Sixth VAT Directive - Article 10(1) and (2) - Recovery of tax improperly deducted - Starting point of the limitation period)

2009/C 282/34

Language of the case: French

Referring court

Tribunal de première instance de Mons

Parties to the main proceedings

Applicant: Régie communale autonome du stade Luc Varenne

Defendant: Belgian State — SPF Finances

Re

Reference for a preliminary ruling — Tribunal de première instance de Mons — Interpretation of Article 10 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 (OL 1977 L 145, p. 1) — Concepts of ‘chargeable event’ and ‘chargeability of tax’ — Starting point of the limitation period for an action for recovery of VAT — The date on which the invoice is tendered or the date on which the VAT return is lodged in which the taxable person claims a right to deduct?

Operative part

Article 10 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 2002/38/EC of 7 May 2002, must be interpreted as meaning that it does not preclude national legislation and administrative practice which fixes the starting point of the limitation period for an action for recovery of improperly deducted value added tax as the day on which the taxable person lodged the VAT return in which he claimed for the first time a right to deduct.

(1) OJ C 19, 24.1.2009
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-528/08 P) (1)

(Appeal - Officials - Social security - Implied refusal of a request for 100 % reimbursement of certain medical costs incurred by an official - Order of declining jurisdiction from the Civil Service Tribunal - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 100/17

Language of the case: Italian

Parties

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

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

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 9 September 2008 in Case T-144/08 Marcuccio v Commission, by which the Court of First Instance dismissed as inadmissible an action for annulment of the decision to refuse the appellant’s request for 100 % reimbursement of certain medical expenses, and seeking an order that the Commission pay the appellant the amount of EUR 89.56 as a supplementary reimbursement of his medical expenses or as compensation for loss.

Operative part of the order

1. The appeal is dismissed.

2. Mr Marcuccio shall pay the costs of the appeal.

(1) OJ C 32, 07.02.2009.
Order of the Court (Seventh Chamber) of 29 September 2011 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Angelo Grisoli v Regione Lombardia

(Case C-315/08) (1)

(Article 104(3), first indent, of the Rules of Procedure - Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - Proximity - Supply of medicinal products to the population - Operating authorisation - Territorial distribution of pharmacies - Minimum distance between pharmacies)

(2012/C 25/34)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Angelo Grisoli

Defendant: Regione Lombardia

Other party to the proceedings: Commune di Roccafranca

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Articles 152 and 153 EC — Opening of new pharmacies — National legislation fixing limits on the basis of the number of inhabitants and laying down the conditions for authorising the opening of a new pharmacy

Operative part of the order

Article 49 TFEU does not preclude national legislation, such as that at issue in the main proceedings, which limits the establishment of new pharmacies by providing that

— in towns with a population of less than 4 000 inhabitants, only one pharmacy may be set up and

— in towns with more than 4 000 inhabitants, the establishment of a new pharmacy is subject to conditions, such as the exceeding by at least 50 % of the number of inhabitants needed for a pharmacy and a minimum distance from already existing pharmacies,

on condition that such legislation permits, by way of derogation from its basic rules, the establishment of a sufficient number of pharmacies to guarantee an appropriate pharmaceutical service in areas with special demographic or geographical characteristics, something which it is for the national court to ascertain.

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 148/22

Order of the President of the Second Chamber of the Court of 19 March 2010 — European Commission v Kingdom of Belgium

(Case C-307/08) (1)

2010/C 148/34

Language of the case: French

The President of the Second Chamber 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 24/18

Order of the Court (Eight Chamber) of 24 September 2009 — Compagnie des bateaux mouches SA v Office for Harmonization in the Internal Market (trade marks and designs), Jean-Noël Castanet

(Case C-78/09 P) (1)

(Appeal - Community trade mark - Word mark BATEAUX MOUCHES - Refusal of registration - Absence of any distinctive character)

2010/C 24/29

Language of the case: French

Parties

Appellant: Compagnie des bateaux mouches SA (represented by: G. Barbaut, avocat)

Other parties to the proceedings: Office for Harmonization in the Internal Market (trade marks and designs), (represented by: A. Folliard-Monguiral, acting as Agent), Jean-Noël Castanet (represented by: J.-P. Sulzer, lawyer)

Re:

Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 in Case T-365/06 Bateaux mouches v OHMI by which the Court dismissed the action brought by the applicant against the decision of the First Board of Appeal of OHIM of 7 September 2006, concerning proceedings for invalidity of the Community word mark ‘BATEAUX MOUCHES’ — Infringement of Article 7(1)(b) and (3) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Misinterpretation of the criteria laid down by the case-law of the Court of Justice — Absence of any distinctive character

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders the Compagnie des bateaux mouches SA to pay the costs.

(1) OJ C 102 of 01.05.2009
EN Official Journal of the European Union C 63/44

Order of the President of the Seventh Chamber of the Court of 4 December 2009 — European Commission v Republic of Estonia

(Case C-46/09) (1)

2010/C 63/72

Language of the case: Estonian

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

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 51/15

Order of the Court of 29 October 2009 — Portela — Comércio de artigos ortopédicos e hospitalares, Lda v European Commission

(Case C-85/09 P) (1)

(Appeal - Non-contractual liability - Claim for compensation for damage sustained on account of the various omissions by the Commission in the application of Directive 93/42/EEC - No causal connection between the omission alleged and the damage suffered by the applicant in the marketing of defective digital thermometers - Appeal manifestly unfounded)

2010/C 51/24

Language of the case: Portuguese

Parties

Appellant: Portela — Comércio de artigos ortopédicos e hospitalares, Lda (represented by: C. Mourato, avocat)

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

Re:

Appeal brought against the order of the Court of First Instance (Eighth Chamber) of 17 December 2008 in Case T-137/07 Portela v Commission, in which the Court rejected as, in part, manifestly inadmissible and, for the remainder, manifestly unfounded an application claiming, primarily, that the Court of First Instance should impose on the Commission the obligation to act in accordance with Article 14b of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), as amended by Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ 1998 L 331, p. 1), by ordering the certification company TÜV Rheinland Product Safety GmbH, through the Federal Republic of Germany, to activate, in favour of the appellant, the mandatory civil liability insurance provided for in point 6 of Annex XI to Directive 93/42, concluded by that company or, if the alleged damage could not be remedied by the main claim, a claim for compensation for the damage sustained by the applicant on account of the various omissions on the part of the Commission.

Operative part of the order

1. The appeal is dismissed.

2. Portela — Comércio de artigos ortopédicos e hospitalares, Lda is ordered to pay the costs.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 148/23

Order of the President of the Court of 19 March 2010 (references for preliminary rulings from the tribunal de grande instance de Nanterre — France) — Tereos, Vermandoise Industries SA, Sucreries de Toury et Usines annexes SA, Roquette Frères SA, Sucreries & Distilleries de Souppes — Ouvré Fils SA, Cruistal Union, Lesaffre Frères SA, Sucreries Bourdon, SAFBA, Sucreries du Marquenterre SA v Directeur général des douanes et droits indirects, Receveur principal des douanes et droits indirects de Gennevilliers

(Joined Cases C-411/09 to C-420/09) (1)

2010/C 148/40

Language of the case: French

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

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 134/11

Order of the Court (Fifth Chamber) of 22 January 2010 — ecoblue AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Banco Bilbao Vizcaya Argentaria SA

(Case C-23/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Earlier mark BLUE - Word sign ‘Ecoblue’ - Likelihood of confusion - Similarity of the signs)

2010/C 134/17

Language of the case: English

Parties

Appellant: ecoblue AG (represented by: C. Osterrieth, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent), Banco Bilbao Vizcaya Argentaria SA

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 12 November 2008 in Case T-281/07 ecoblue AG v OHIM by which the Court of First Instance dismissed an action brought by the applicant for the word mark ‘Ecoblue’ for services in Classes 35, 36 and 38 against Decision R 844/2006-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 April 2007 dismissing the appeal brought against the decision of the Opposition Division which refused registration of that mark in the context of the opposition brought by the proprietor of the Community word mark ‘BLUE’ for goods and services in Classes 9, 36 and 38, and of other Community word marks containing the word ‘BLUE’

Operative part of the order

1. The appeal is dismissed.

2. ecoblue AG shall pay the costs.

(1) OJ C 90, 18.04.2009.