ddrg/super_eurlex huggingface dataset:
Order of the Court of 9 July 2010 (reference for a preliminary ruling from the Corte d'appello di Roma (Italy)) — Luigi Ricci (C-286/09), Aduo Pisaneschi (C-287/09) v Istituto nazionale della previdenza sociale (INPS)

(Joined Cases C-286/09 and C-287/09) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Officials - Retirement pension - Cumulation of periods of insurance - Article 11 of Annex VIII to the Staff Regulations - Taking account of periods of activity within the European Communities - Article 10 EC)

(2010/C 288/21)

Language of the case: Italian

Referring court

Corte d'appello di Roma (Italy)

Parties to the main proceedings

Applicants: Luigi Ricci (C-286/09), Aduo Pisaneschi (C-287/09)

Defendant: Istituto nazionale della previdenza sociale (INPS)

Re:

Reference for a preliminary ruling — Corte d’appello di Roma — Interpretation of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community — Interpretation of Articles 17, 39 and 42 EC — Old-age pension — Aggregation of insurance periods — Failure to take into account the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities

Operative part of the order

Article 10 EC, together with the Staff Regulations of Officials of the European Communities, must be interpreted as precluding national legislation which does not permit account to be taken of years worked by a European Union citizen in a European Union institution, such as the Commission of the European Communities, or in a European Union body, such as the Economic and Social Committee, with regard to the establishment of a right to a retirement pension under the national scheme, regardless of whether the person involved takes early retirement or retires at the usual age.

(1) OJ C 233, 26.9.2009.
EN Official Journal of the European Union C 234/19

Order of the Court of 23 April 2010 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Frosch Touristik GmbH, DSR touristik GmbH

(Case C-332/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Community word mark FLUGBÖRSE - Invalidity proceedings - Material date for the examination of an absolute ground for invalidity)

2010/C 234/28

Language of the case: German

Parties

Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)

Other parties to the proceedings: Frosch Touristik GmbH (represented by: H. Lauf, Rechtsanwalt), DSR touristik GmbH

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009 in Case T-189/07 Frosch Touristik v OHIM — DSR touristik (FLUGBÖRSE), by which the Court annulled the decision of the Fourth Board of Appeal of OHIM of 22 March 2007 dismissing the appeal by the proprietor of the Community word mark ‘FLUGBÖRSE’ against the decision of the Cancellation Division declaring that mark partially invalid — Determination of the material date for the examination of an absolute ground for invalidity in invalidity proceedings

Operative part of the order

1. The appeal is dismissed.

2. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is ordered to pay the costs.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 80/8

Order of the Court (Eighth Chamber) of 6 October 2010 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Inmogolf SA v Dirección General de Tributos de la Consejería de Economia y Hacienda de la Comunidad Autónoma de Murcia

(Case C-487/09) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Directive 69/335/EEC - Indirect taxes - Raising of capital - Transfer of securities - Capital of a company mostly made up of immovable property)

2011/C 80/13

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Inmogolf SA

Defendant: Dirección General de Tributos de la Consejería de Economía y Hacienda de la Comunidad Autónoma de Murcia

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Articles 11(a) and 12(1)(a) of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ English Special Edition 1969 (II), p. 412) — Prohibition on the taxation of the creation, issue, admission to quotation on a stock exchange, making available on the market or dealing in securities — Derogation — Tax on the transfer of securities — National tax on the transfer of shares in a company in which at least 50 % of the assets comprise immovable property and, where as a result of the transfer, the person acquiring the securities obtains control of the company

Operative part of the order

Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, and, more particularly, Articles 11(a) and 12(1)(a) thereof, does not preclude legislation of a Member State, such as provided in Article 108(2) of Law 24/1988 of 28 July 1988 on stock markets, as amended by Law 18/91 of 6 June 1991, which, in order to prevent tax avoidance in the context of the transfer of immovable assets by companies, subjects transfers of securities to tax on capital transfers where those transfers of shares represent shares in the share capital of companies the assets of which are at least 50 % comprised of immovable property and where the purchaser has following such a transfer a position which allows it to exercise control over the entity at issue, even in cases where, firstly, there was no intention to evade tax and where, secondly, those companies are fully operational and the immovable properties cannot be dissociated from the economic activity carried out by those companies.

(1) OJ C 63, 13.3.2010.
EN Official Journal of the European Union C 346/38

Order of the President of the Fifth Chamber of the Court of 22 June 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-394/09) (1)

()

2010/C 346/68

Language of the case: English

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

(1) OJ C 282, 21.11.2009.
Official Journal of the European Union

Order of the President of the Second Chamber of the Court of 17 October 2011 — European Commission v Republic of Austria

(Case C-551/09) (1)

(2012/C 25/84)

Language of the case: German

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

(1) OJ C 63, 13.3.2010.
EN Official Journal of the European Union C 120/2

Order of the Court of 15 December 2010 (reference for a preliminary ruling from the Commissione tributaria provinciale di Taranto — Italy) — Soc Agricola Esposito srl v Agenzia delle Entrate — Ufficio di Taranto 2

(Case C-492/09) (1)

(Articles 92(1), 103(1) and 104(3), second subparagraph, of the Rules of Procedure - Electronic networks and communication services - Directives 2002/20/EC, 2002/21/EC and 2002/77/EC - Government authorisation tax - Partial inadmissiblity - Questions the answer to which leaves no room for reasonable doubt)

2011/C 120/03

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Taranto

Parties to the main proceedings

Applicant: Soc Agricola Esposito srl

Defendant: Agenzia delle Entrate — Ufficio di Taranto 2

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Taranto — Interpretation of Article 9(1) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (OJ 2002 L 108, p. 33) and Articles 12 and 13 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 (OJ 2002 L 108, p. 21) — Imposition of a government authorisation tax in the case of a telephone subscription contract — Tax not applied in the case of a prepaid telephone card — Admissibility

Operative part of the order

1. The part of the fourth question concerning Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services, and the sixth question are inadmissible.

2. 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 (Authorisation directive) and Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework directive) do not preclude a tax such as the government concession tax.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 179/27

Order of the President of the Third Chamber of the Court of 3 April 2010 (reference for a preliminary ruling from the Korkein oikeus (Finland)) — Virallinen syyttäjä v Malik Gataev, Khadizhat Gataeva

(Case C-105/10 PPU) (1)

2010/C 179/45

Language of the case: Finnish

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

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 30/13

Order of the Court (Seventh Chamber) of 29 September 2010 (reference for a preliminary ruling from the Rechtbank Breda (Netherlands)) — VAV-Autovermietung GmbH v Inspecteur van de Belastingsdienst/Douane Zuid/kantoor Roosendaal

(Case C-91/10) (1)

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

2011/C 30/19

Language of the case: Dutch

Referring court

Rechtbank Breda (Netherlands)

Parties to the main proceedings

Applicant: VAV-Autovermietung GmbH

Defendant: Inspecteur van de Belastingsdienst/Douane Zuid/kantoor Roosendaal

Re:

Reference for a preliminary ruling — Rechtbank Breda — Interpretation of Articles 56 TFEU to 62 TFEU — National legislation providing for the levy of a registration tax upon the first use of a vehicle on the national road network

Operative part of the order

Articles 49 EC to 55 EC must be interpreted as meaning that they preclude national legislation, such as that at issue in the main proceedings, pursuant to which a person residing or established in one Member State who uses, in that Member State, a motor vehicle registered and hired in another Member State must, upon the first use of that vehicle on the road network of the first Member State, pay in full a tax the balance of which, calculated according to the duration of use of the vehicle on the network, is reimbursed, without interest, after that use has ended.

(1) OJ C 113, 1.5.2010.
Official Journal of the European Union

Order of the President of the Court of 19 July 2010 (reference for a preliminary ruling from the Tribunale di Palermo — Italy) — Assessorato del Lavoro e della Previdenza Sociale v Seasoft SpA

(Case C-88/10) (1)

()

(2010/C 288/50)

Language of the case: Italian

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

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 89/3

Order of the Court of 23 November 2010 — Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hasbro, Inc.

(Case C-204/10 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark ENERCON - Opposition of the proprietor of the word mark TRANSFORMERS ENERGON - Refusal to register - Likelihood of confusion)

2011/C 89/05

Language of the case: English

Parties

Appellant: Enercon GmbH (represented by: J. Mellor, Barrister, and R. Böhm, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (represented by: D. Botis, Agent), Hasbro, Inc.

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 3 February 2010 in Case T-472/07 Enercon v OHIM by which the General Court dismissed an action for annulment brought by the applicant for the word mark ‘ENERCON’, for goods in Classes 16, 18, 24, 25, 28 and 32, against Decision R 959/2006-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 25 October 2007, dismissing the appeal brought by the applicant against the Opposition Division’s decision which refused registration of that mark in the context of the opposition brought by the proprietor of the Community word mark ‘TRANSFORMERS ENERGON’, for goods in Classes 16, 18, 24, 25, 28, 30 and 32, and the unregistered marks ‘TRANSFORMERS ENERGON’ and ‘ENERGON’ used in the United Kingdom for similar goods — Infringement of Article 8(1)(c) of Regulation (EC) No 40/94

Operative part of the order

1. The appeal is dismissed.

2. Enercon GmbH shall pay the costs.

(1) OJ C 179, 3.7.2010.
1.

Clause 8(3) of the framework agreement on fixed-term work concluded on 18 March 1999, which is 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 not precluding national legislation, such as that provided for by Article 2(1)(a) of Legislative Decree No 368 implementing Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP of 6 September 2001 (decreto legislativo n. 368, attuazione della direttiva 1999/70/CE relativa all’accordo quadro sul lavoro a tempo determinato concluso dall’UNICE, dal CEEP e dal CES), which, unlike the national rules applicable before the entry into force of that decree, allows a company such as Poste Italiane SpA, to conclude, subject to certain conditions, a first or single use of a fixed-term contracts with a worker, such as Mr Vino, without having to state the objective reasons which justify the use of a contract concluded for such a duration, since that legislation is not connected to the implementation of the Framework Agreement. It is in that regard, in principle, irrelevant whether the objective pursued by that legislation provides protection at least equivalent to the protection of fixed-term workers referred to in the Framework Agreement.
EN Official Journal of the European Union C 120/3

Order of the Court (Fifth Chamber) of 12 January 2011 — Heinz Helmuth Eriksen (C-205/10 P), Bent Hansen (C-217/10 P), Brigit Lind (C-222/10 P) v European Commission

(Joined Cases C-205/10 P, C-217/10 P and C-222/10 P) (1)

(Appeal - Actions for damages - Public health implications of the nuclear accident that occurred near Thule (Greenland, Denmark) - Directive 96/29/Euratom - Commission’s failure to adopt measures against a Member State)

2011/C 120/04

Language of the case: English

Parties

Appellants: Heinz Helmuth Eriksen (C-205/10 P), Bent Hansen (C-217/10 P), Brigit Lind (C-222/10 P) (represented by: I. Anderson, Advocate)

Other party to the proceedings: European Commission (represented by: M. Patakia and E. White, Agents)

Re:

Appeals brought against the orders of the General Court (Fourth Chamber) of 24 March 2010 in Case T-516/08 Erikson v Commission, Case T-6/09 Hansen v Commission and Case T-5/09 Lind v Commission whereby the General Court dismissed as manifestly lacking any foundation in law actions for damages seeking compensation for harm allegedly suffered by the applicants following a failure by the Commission to take the measures necessary to oblige Denmark to comply with Directive 96/29 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (OJ 1996 L 159, p. 1) and to apply those provisions to workers involved in the nuclear accident at Thule (Greenland), disregarding the resolution of the European Parliament of 10 May 2007 on the consequences of that accident on public health (Petition 720/2002, 2006/2012 (INI))

Operative part of the order

1. The appeals are dismissed.

2. Mr Eriksen, Mr Hansen and Ms Lind shall pay the costs.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 120/9

Order of the President of the Court of 13 December 2010 — European Commission v Hellenic Republic

(Case C-248/10) (1)

2011/C 120/20

Language of the case: Greek

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

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 211/21

Order of the President of the Fifth Chamber of the Court of 12 April 2011 — European Commission v Kingdom of Sweden

(Case C-374/10) (1)

2011/C 211/43

Language of the case: Swedish

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

(1) OJ C 246, 11.9.2010.
EN Official Journal of the European Union C 186/17

Order of the President of the Court of 1 March 2011 — European Commission v Republic of Estonia

(Case C-408/10) (1)

2011/C 186/29

Language of the case: Estonian

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

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 252/9

Order of the Court of 31 March 2011 — EMC Development AB v European Commission

(Case C-367/10 P) (1)

(Appeal - Agreements, decisions and concerted practices - European cement market - Action for annulment of a decision rejecting a complaint against the adoption of a harmonised standard for cement - Procedure for the adoption of the standard - Binding nature of the standard - Appeal clearly inadmissible in part and clearly unfounded in part)

2011/C 252/17

Language of the case: English

Parties

Appellant: EMC Development AB (represented by: W.-N. Schelp, avocat)

Other party to the proceedings: European Commission (represented by: J. Bourke, Agent)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 12 May 2010 in Case T-432/05 EMC Development v Commission, by which the General Court dismissed an action seeking the annulment of the Commission's decision of 28 November 2005 rejecting the applicant's complaint based on Article 2(2) of Regulation No 17 and concerning alleged concerted practices on the part of European Portland cement producers consisting of the adoption of a European standard for cement (EN 197-1) aimed at excluding from the market products and technologies of competitors

Operative part of the order

1. The appeal is dismissed.

2. EMC Development AB shall pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 232/23

Order of the President of the Court of 7 June 2011 (references for a preliminary ruling from the Tribunal de première instance, Namur — Belgium) — Rémi Paquot (C-622/10), Adrien Daxhelet (Case C-623/10) v État Belge — SPF Finances

(Joined Cases C-622/10 and 623/10) (1)

2011/C 232/39

Language of the case: French

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

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 298/18

Order of the President of the Sixth Chamber of the Court of 12 July 2011 — Deltafina SpA v European Commission

(Case C-537/10 P) (1)

2011/C 298/32

Language of the case: Italian

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

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 252/10

Order of the Court (Eighth Chamber) of 24 March 2011 — Félix Muñoz Arraiza v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Consejo Regulador de la Denominación de Origen Calificada Rioja

(Case C-388/10 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 8(1)(b), 43(2) and 44(1) - Application for Community word mark RIOJAVINA - Opposition by the proprietor of the earlier Community collective figurative mark RIOJA - Refusal to register - Likelihood of confusion)

2011/C 252/19

Language of the case: Spanish

Parties

Appellant: Félix Muñoz Arraiza (represented by: J. Grimau Muñoz and J. Villamor Muguerza, abogados)

Other party parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent), Consejo Regulador de la Denominación de Origen Calificada Rioja (represented by: J. Martinez De Torre, abogado)

Re:

Appeal against the judgement of the General Court (Fifth Chamber) of 9 June 2010 in Case T-138/09 Muñoz Arraiza v OHIM — Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA), by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 29 January 2009 (Case R 721/2008-2) relating to opposition proceedings between the Consejo Regulador de la Denominación de Origen Calificada Rioja and Mr. Félix Muñoz Arraiza

Operative part of the order

1. The appeal is dismissed.

2. Mr Muñoz Arraiza is ordered to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 32/12

Order of the Court of 6 October 2011 — ThyssenKrupp Acciai Speciali Terni SpA (C-448/10 P), Cementir Italia Srl (C-449/10 P), Nuova Terni Industrie Chimiche SpA (C-450/10 P) v European Commission

(Joined Cases C-448/10 P to C-450/10 P) (1)

(Appeal - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of advantage - Principle of the protection of legitimate expectations - Interpretation of national law - Distortion - Concept - Appeal manifestly inadmissible and manifestly unfounded)

2012/C 32/21

Language of the case: Italian

Parties

Appellants: ThyssenKrupp Acciai Speciali Terni SpA (C-448/10 P), Cementir Italia Srl (C-449/10 P), Nuova Terni Industrie Chimiche SpA (C-450/10 P) (represented by: T. Salonico. G. Barone and A. Marega, avvocati)

Other party to the proceedings: European Commission (represented by: D. Grespan and G. Conte, acting as Agents.)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 1 July 2010 in Case T-62/08 ThyssenKrupp Acciai Speciali Terni v Commission, by which that Court dismissed an application for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37)

Operative part of the order

1. The appeals are dismissed.

2. ThyssenKrupp Acciai Speciali Terni SpA, Cementir Italia Srl and Nuova Terni Industrie Chimiche SpA are ordered to pay the costs.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 340/14

Order of the President of the Court of 4 August 2011 — European Commission v Republic of Greece

(Case C-346/10) (1)

2011/C 340/24

Language of the case: Greek

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

(1) OJ C 246, 11.9.2010.