ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 225/48

Order of the Court (Sixth Chamber) of 16 May 2013 — Arav Holding Srl v H.Eich Srl, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-379/12 P) (1)

(Appeal - Community trade mark - Word mark H.EICH - Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH - Refusal of registration)

2013/C 225/85

Language of the case: Italian

Parties

Appellant: Arav Holding Srl (represented by: R. Bocchini, avvocato)

Other parties to the proceedings: H.Eich Srl (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli and G. Petrocchi, avvocati), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 19 June 2012 in Case T-557/10 H.Eich v OHIM — Arav, by which the General Court annulled the decision of the First Board of Appeal of OHIM of 9 September 2010 relating to opposition proceedings between Arav Holding Srl and H.Eich Srl (Case R 1411/2009-1) — Likelihood of confusion — Incorrect appraisal of the similarity of the marks at issue — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the order

1. The appeal is dismissed.

2. Arav Holding Srl shall bear the costs.

(1) OJ C 303, 6.10.2012
EN Official Journal of the European Union C 225/57

Order of the President of the Court of 7 May 2013 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Helmut Butz, Christel Bachmann-Butz, Frederike Butz v Société Air France SA

(Case C-212/12) (1)

2013/C 225/112

Language of the case: German

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

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 225/58

Order of the President of the Court of 7 May 2013 — European Commission v Republic of Slovenia

(Case C-538/12) (1)

2013/C 225/126

Language of the case: Slovene

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

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 225/56

Order of the President of the Tenth Chamber of the Court of 7 May 2013 — European Commission v French Republic

(Case C-76/12) (1)

2013/C 225/109

Language of the case: French

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

(1) OJ C 133, 5.5.2012.
EN Official Journal of the European Union C 377/2

Order of the Court (Eighth Chamber) of 17 October 2013 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio) — Sky Italia Srl v Autorità per le Garanzie nelle Comunicazioni, Commissione di Garanzia dell' Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali

(Case C-376/12) (1)

(Electronic communications networks and services - Directive 2002/20/EC - Article 12 - Administrative charges imposed on undertakings in the sector concerned - National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities)

2013/C 377/03

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicant: Sky Italia Srl

Defendant: Autorità per le Garanzie nelle Comunicazioni, Commissione di Garanzia dell' Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali

Intervening parties: Television Broadcasting System SpA, Wind Telecomunicazioni SpA

Re:

Request for preliminary ruling — Tribunale Amministrativo Regionale per il Lazio — Interpretation of Article 12 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (‘the Authorisation Directive’) (OJ 2002 L 108, p. 21) — Administrative charges imposed on undertakings — Legislation providing that the national regularity authorities’ costs which are not financed by the State are to be imposed upon individual undertakings in the sector concerned according to the income they generate in respect of the sale of goods or the provision of relevant services

Operative part of the order

Article 12 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (‘the Authorisation Directive’) must be interpreted as meaning that it does not preclude legislation of a Member State, such as that at issue in the main proceedings, pursuant to which undertakings providing electronic communications services or networks are liable to pay a charge intended to cover all the costs incurred by the NRA which are not financed by the State, the amount of which being determined according to the income received by those undertakings, provided that that charge is exclusively intended to cover the costs relating to the activities in paragraph (1)(a) of that provision, that the totality of the income obtained in respect of that charge does not exceed the total costs relating to those activities and that that charge is imposed upon individual undertakings in an objective, transparent and proportionate manner, which is for the national court to ascertain.

(1) OJ C 311, 13.10.2012.
EN Official Journal of the European Union C 225/44

Order of the Court (Eighth Chamber) of 8 May 2013 — Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Novartis AG

(Case C-268/12 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Word mark ZYDUS - Opposition by the proprietor of the Community trade mark ZIMBUS - Partial refusal of registration by the Board of Appeal of OHIM)

2013/C 225/76

Language of the case: English

Parties

Appellant: Cadila Healthcare Ltd (represented by: S. Malynicz, Barrister)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Novartis AG (represented by: N. Hebeis, Rechtsanwalt)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 15 March 2012 in Case T-288/08 Cadila Healthcare v OHIM — Novartis (ZYDUS), by which that court dismissed an action brought by the proprietor of the word mark ‘ZYDUS’ for goods in Classes 3, 5 and 10 for annulment of Decision R 1092/2007-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008 rejecting in part the appeal against the decision of the Opposition Division refusing in part registration of that mark in opposition proceedings brought by the proprietor of the Community trade mark ‘ZIMBUS’ for goods in Class 5 — Likelihood of confusion — Similarity of the goods and signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

Operative part of the order

1. The appeal is dismissed.

2. Cadila Healthcare Ltd shall pay the costs.

(1) OJ C 258, 25.8.2012.
EN Official Journal of the European Union C 112/26

Order of the President of the Court of 17 January 2014 (request for a preliminary ruling from the Bundespatentgericht — Germany) — Hogan Lovells International LLP v Bayer CropScience K.K.

(Case C-477/12) (1)

2014/C 112/32

Language of the case: German

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

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 102/5

Order of the Court (Tenth Chamber) of 21 November 2013 — Kuwait Petroleum Corp., Kuwait Petroleum International Ltd, Kuwait Petroleum (Nederland) BV v European Commission

(Case C-581/12 P) (1)

((Appeals - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Setting of the gross price of road pavement bitumen - Setting of a rebate for road builders - 2002 Leniency Notice - Last paragraph of point 23(b) - Partial immunity - Evidence relating to facts previously unknown to the European Commission - Appeal manifestly inadmissible or manifestly unfounded))

2014/C 102/06

Language of the case: English

Parties

Appellants: Kuwait Petroleum Corp., Kuwait Petroleum International Ltd, Kuwait Petroleum (Nederland) BV (represented by: D. Hull, Solicitor, and G. Berrisch, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: F. Ronkes Agerbeek and P. Van Nuffel, Agents)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 27 September 2012 in Case T-370/06 Kuwait Petroleum and Others v Commission, by which the General Court dismissed an action seeking partial annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 EC (Case COMP/F/38.456 — Bitumen (Netherlands)) concerning agreements on the fixing of the gross price of road pavement bitumen in the Netherlands and on the fixing of a uniform minimum rebate for road-builders participating in the cartel and a smaller maximum rebate for other road builders — Reduction of the fine imposed on the appellants.

Operative part of the order

The Court

1. Dismisses the appeal;

2. Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 315/45

Order of the President of the Court of 5 June 2014 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Emilio Pucci International BV

(Case C-582/12 P) (1)

2014/C 315/72

Language of the case: Spanish

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

(1) OJ C 63, 2.3.2013.
EN Official Journal of the European Union C 184/22

Order of the President of the Court of 11 February 2014 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Andrea Lange v ERGO Lebensversicherung AG

(Case C-529/12) (1)

2014/C 184/31

Language of the case: German

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

(1) OJ C 38, 9. 2. 2013.
EN Official Journal of the European Union C 225/54

Order of the Court (Tenth Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunale di Tivoli — Italy) — Francesco Fierro, Fabiana Marmorale v Edoardo Ronchi, Cosimo Scocozza

(Case C-106/13) (1)

(Request for a preliminary ruling - Charter of Fundamental Rights of the European Union - Implementation of European Union law - None - Clear lack of jurisdiction of the Court)

2013/C 225/101

Language of the case: Italian

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Applicants: Francesco Fierro, Fabiana Marmorale

Defendants: Edoardo Ronchi, Cosimo Scocozza

Re:

Request for a preliminary ruling — Tribunale di Tivoli — Interpretation of Article 1 of Protocol No 1 to the European Convention on Human Rights, read in conjunction with Article 6 TEU and Articles 17 and 52(3) of the Charter of Fundamental Rights — Right to property — National legislation allowing local administrative authorities to prohibit an owner from selling a part of his building without prior authorisation

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to reply to the question referred for a preliminary ruling by the Tribunale di Tivoli (Italy).

(1) OJ C 141, 18.05.2013.
EN Official Journal of the European Union C 102/30

Order of the President of the Court of 21 October 2013 — European Commission v Republic of Bulgaria

(Case C-253/13) (1)

2014/C 102/46

Language of the case: Bulgarian

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

(1) OJ C 189, 29.6.2013.
EN Official Journal of the European Union C 225/54

Order of the Court (Tenth Chamber) of 8 May 2013 (request for a preliminary ruling from the Tribunale di Tivoli (Italy)) — T

(Case C-73/13) (1)

(Request for a preliminary ruling - Charter of Fundamental Rights of the European Union - Implementation of EU law - None - Clear lack of jurisdiction of the Court)

2013/C 225/100

Language of the case: Italian

Referring court

Tribunale di Tivoli

Parties to the main proceedings

Applicant: T

Re:

Request for a preliminary ruling — Tribunale di Tivoli — Interpretation of Article 47(3) of the Charter of Fundamental Rights of the European Union and Article 6 of the European Convention on Human Rights, read in conjunction with Article 6 TEU and Article 52(3) of the Charter of Fundamental Rights — Legal aid — National legislation providing that counsel’s fees may not exceed the average amounts applied in accordance with the professional rates in force where the client has been granted legal aid

Operative part of the order

The Court of Justice clearly lacks jurisdiction to answer the questions referred by the Tribunale di Tivoli (Italy).

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 102/30

Order of the President of the Court of 22 November 2013 — European Commission v Republic of Slovenia

(Case C-188/13) (1)

2014/C 102/45

Language of the case: Slovene

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

(1) OJ C 156, 1.6.2013.
EN Official Journal of the European Union C 184/25

Order of the President of the Court of 4 March 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Thomas Etzold, Sandra Etzold, Toni Lennard Etzold v Condor Flugdienst GmbH

(Case C-575/13) (1)

2014/C 184/43

Language of the case: German

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

(1) OJ C 15, 18.1.2014.
EN Official Journal of the European Union C 175/18

Order of the Court (Third Chamber) of 30 January 2014 (request for a preliminary ruling from the Polimeles Protodikio Athinon) — Warner — Lambert Company LLC, Pfizer Ellas AE v SiegerPharma Anonimi Farmakeftiki Etairia

(Case C-372/13) (1)

((Article 99 of the Rules of Procedure of the Court - Questions referred for a preliminary ruling which are identical to questions on which the Court has already made a ruling - Agreement on Trade-Related Aspects of International Property Rights (TRIPs) - Article 27 - Patentable Subject Matter - Article 70 - Protection of Existing Subject Matter))

2014/C 175/22

Language of the case: Greek

Referring court

Polimeles Protodikio Athinon

Parties to the main proceedings

Applicants: Warner — Lambert Company LLC, Pfizer Ellas AE

Defendant: SiegerPharma Anonimi Farmakeftiki Etairia

Re:

Request for a preliminary ruling — Polimeles Protodikio Athinon — Interpretation of Articles 27 and 70 of the Agreement on Trade-Related Aspects of International Property Rights (‘TRIPs’) annexed to the Agreement establishing the ‘World Trade Organisation’ (OJ 1994, L 336, p. 214) — Distinction drawn between fields falling within the scope of Community law and those falling within the competence of the Member States — Field of patents — Chemical and pharmaceutical products

Operative part of the order

1. Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which constitutes Annex 1C to the Agreement establishing the World Trade Organisation (WTO), signed at Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994), falls under the common trade policy.

2. Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property Rights must be interpreted as meaning that the invention of a pharmaceutical product such as the active chemical compound of a medicinal product is, in the absence of a derogation in accordance with Article 27(2) or (3), capable of being the subject-matter of a patent, under the conditions set out in Article 27(1).

3. A patent obtained following an application claiming the invention both of the process of manufacture of a pharmaceutical product and of the pharmaceutical product as such, but granted solely in relation to the process of manufacture, must not, by reason of the rules set out in Articles 27 and 70 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, be regarded, as from the date of entry into force of that agreement, as covering the invention of that pharmaceutical product.

(1) OJ C 78 of 15.3.2014.
EN Official Journal of the European Union C 261/20

Order of the President of the Court of 13 May 2014 (request for a preliminary ruling from the Landgericht Hannover — Germany) — Wilhelm Spitzner, Maria-Luise Spitzner v TUIfly GmbH

(Case C-658/13) (1)

2014/C 261/39

Language of the case: German

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

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 184/24

Order of the President of the Court of 19 February 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Peter Link v Condor Flugdienst GmbH

(Case C-471/13) (1)

2014/C 184/40

Language of the case: German

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

(1) OJ C 344, 23. 11. 2013.
EN Official Journal of the European Union C 261/19

Order of the President of the Court of 7 May 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Andreas Grund acting as administrator in the insolvency proceedings concerning the assets of SR-Tronic GmbH, Jürgen Reiser, Dirk Seidler v Nintendo Co. Ltd, Nintendo of America Inc.

(Case C-458/13) (1)

2014/C 261/33

Language of the case: German

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

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 261/19

Order of the President of the Court of 22 May 2014 — Fabryka Łożysk Tocznych-Kraśnik S.A. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Impexmetal S.A.

(Case C-415/13 P) (1)

2014/C 261/32

Language of the case: Polish

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

(1) OJ C 274, 21.9.2013.
EN Official Journal of the European Union C 315/27

Order of the Court of 3 July 2014 — Federal Republic of Germany v European Commission

(Case C-102/13 P) (1)

((Appeal - Action for annulment - Period for bringing proceedings - Validity of the notification of a Commission decision to the Permanent Representation of a Member State - Determination of the date of that notification - Rules of Procedure of the Court of Justice - Article 181 - Appeal manifestly unfounded))

2014/C 315/42

Language of the case: German

Parties

Appellant: Federal Republic of Germany (represented by: T.Henze and J. Möller, Agents)

Other party to the proceedings: European Commission (represented by: R. Sauer and T. Maxian Rusche, Agents)

Operative part of the order

1. The appeal is dismissed.

2. The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 164, 8 June 2013.
EN Official Journal of the European Union C 315/30

Order of the Court (Sixth Chamber) of 17 July 2014 — MOL Magyar Olaj- és Gázipari Nyrt. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Banco Bilbao Vizcaya Argentaria SA

(Case C-468/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Word mark MOL Blue Card - Opposition - Refusal to register))

2014/C 315/47

Language of the case: English

Parties

Appellant: MOL Magyar Olaj- és Gázipari Nyrt. (represented by: K. Szamosi, avocat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Banco Bilbao Vizcaya Argentaria SA (represented by: J. de Oliveira Vaz Miranda de Sousa and N. González-Alberto Rodríguez, abogados)

Operative part of the order

1. The appeal is dismissed.

2. MOL Magyar Olaj- és Gázipari Nyrt. is ordered to pay the costs.

(1) OJ C 344, 23.11.2013.
Order of the Court of 21 October 2014 (reference for a preliminary ruling from the Bundesgerichtshof) — BestWater International GmbH v Michael Mebes, Stefan Potsch

(Case C-348/13) (1)

(Reference for a preliminary ruling - Approximation of laws - Copyright and related rights - Directive 2001/29/EC - Information society - Harmonisation of certain aspects of copyright and related rights - Article 3(1) - Communication to the public - Definition - Internet links giving access to protected works - Use of the ‘framing’ technique)

(2015/C 016/14)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: BestWater International GmbH

Defendant: Michael Mebes, Stefan Potsch

Operative part of the order

The mere fact that a protected work, freely available on an internet site, is inserted into another internet site by means of a link using the ‘framing’ technique, such as that used in the case in the main proceedings, cannot classified as ‘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 since the work at issue is not transmitted to a new public or communicated a specific technical method different from that of the original communication.

(1) OJ C 325, 9.11.2013.
EN Official Journal of the European Union C 409/22

Order of the Court (Eighth Chamber) of 4 September 2014 — Rütgers Germany GmbH, Rütgers Belgium NV, Deza a.s., Koppers Denmark A/S, Koppers UK Ltd v European Chemicals Agency (ECHA)

(Case C-290/13 P) (1)

((Appeals - Article 181 of the Rules of Procedure of the Court - Regulation (EC) No 1907/2006 (REACH Regulation) - Article 59 and Annex XIII - Identification of anthracene oil (anthracene paste) as a substance of very high concern, to be made subject to the authorisation procedure - Equal treatment))

2014/C 409/31

Language of the case: English

Parties

Appellants: Rütgers Germany GmbH, Rütgers Belgium NV, Deza a.s., Koppers Denmark A/S, Koppers UK Ltd (represented by: K. Van Maldegem, avocat)

Other party to the proceedings: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents, and by J. Stuyck and A.-M. Vandromme, advocaten)

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 146/6

Order of the Court (Ninth Chamber) of 10 February 2015 (request for a preliminary ruling from the Riigikohus — Estonia) — Liivimaa Lihaveis MTÜ v Eesti-Läti programmi 2007-2013 Seirekomitee

(Case C-175/13) (1)

((Reference for a preliminary ruling - Article 267 TFEU - Action against a decision ordering a reference for a preliminary ruling - No case pending before the court hearing that action - Manifest inadmissibility))

(2015/C 146/07)

Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings

Applicant: Liivimaa Lihaveis MTÜ

Defendant: Eesti-Läti programmi 2007-2013 Seirekomitee

Third party: Eesti Vabariigi Siseministeerium

Operative part of the order

The request for a preliminary ruling made by the Riigikohus (Estonia), by decision of 21 March 2013, is manifestly inadmissible.

(1) OJ C 156, 1.6.2013.