ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 22/18

Order of the Court of 25 October 2007 — Bart Nijs v Court of Auditors of the European Communities

(Case C-495/06 P) (1)

(Appeal - Promotion - 2003 promotion procedure - Staff report - Decision establishing the definitive version of the report - Decision to promote another official to the grade of Translator-reviser - Claim for compensation for damage - Appeal in part manifestly inadmissible and in part manifestly unfounded)

(2008/C 22/35)

Language of the case: French

Parties

Applicant: Bart Nijs (represented by: F. Rollinger, avocat)

Other party to the proceedings: Court of Auditors of the European Communities (represented by: T. Kennedy, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 3 October 2006 in Case T-171/05 Bart Nijs v Court of Auditors, in which the Court of First Instance dismissed — in so far as it relied on grounds other than a failure to give reasons — the action seeking, first, annulment of the decision establishing the definitive version of the appellant's staff report for the 2003 reporting period, the decision allocating the appellant merit points for the 2003 reporting period and the decision not to promote him in 2004, and of the decision rejecting the complaint brought against those decisions and, secondly, an application for compensation in respect of the harm suffered

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Mr Nijs to pay the costs.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 209/37

Order of the President of the Fourth Chamber of the Court of 11 April 2008 (reference for a preliminary ruling from the Østre Landsret — Denmark) — Eivind F. Kramme v SAS Scandinavian Airlines Danmark A/S

(Case C-396/06) (1)

(2008/C 209/58)

Language of the case: Denmark

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

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 128/27

Order of the President of the Court of 13 February 2008 — Commission of the European Communities v Federal Republic of Germany

(Case C-485/06) (1)

(2008/C 128/50)

Language of the case: German

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

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 51/38

Order of the President of the Court of 16 November 2007 — Commission of the European Communities v Ireland

(Case C-31/07) (1)

(2008/C 51/66)

Language of the case: English

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

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 128/27

Order of the President of the Court of 12 February 2008 — Commission of the European Communities v Federal Republic of Germany

(Case C-218/07) (1)

(2008/C 128/55)

Language of the case: German

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

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 79/23

Order of the President of the Court of 24 January 2008 — Commission of the European Communities v Federal Republic of Germany

(Case C-192/07) (1)

(2008/C 79/43)

Language of the case: German

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

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 171/11

Order of the Court (Seventh Chamber) of 10 April 2008 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy)) — Termoraggi SpA v Comune di Monza

(Case C-323/07) (1)

(Public procurement - Public service and public supply contracts - Award without call for tenders - Award by a local authority to an undertaking whose capital it controls)

(2008/C 171/19)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties

Applicant: Termoraggi SpA

Defendant: Comune di Monza

Intervener: Acqua Gas Azienda Municipale (AGAM)

Re:

Reference for a preliminary ruling — Tribunale Amministrativo Regionale per la Lombardia — Interpretation of Article 6 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) — Scope — National provisions attributing, outside of the procedures for the award of public works contracts laid down in the directive, the management of heating installations of certain buildings in a commune to a municipal undertaking

Operative part of the order

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts do not apply to a contract concluded between a local authority and a person legally distinct from it, where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities.

Article 6 of Directive 92/50 is applicable only if there are legislative, regulatory or administrative provisions published which grant the beneficiary an exclusive right concerning the subject-matter of the contract awarded.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 128/16

Order of the Court (Sixth Chamber) of 13 February 2008 — Indorata-Serviços e Gestão, Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-212/07) (1)

(Appeal - Community trade mark - Word mark HAIRTRANSFER - Refusal of registration - Lack of distinctive character)

(2008/C 128/26)

Language of the case: German

Parties

Appellant: Indorata-Serviços e Gestão, Lda (represented by: T. Wallentin, lawyer)

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

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 February 2007 in Case T-204/04 Indorata-Serviços e Gestão, Lda v OHIM, by which the Court of First Instance dismissed the action for annulment of the decision refusing registration of the word mark HAIRTRANSFER for goods and services in Classes 8, 22, 41 and 44 — Distinctiveness of the mark

Operative part of the order

1. The appeal is dismissed.

2. Indorata-Serviços e Gestão, Lda is ordered to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 285/12

Order of the Court (Fifth Chamber) of 27 June 2008 — Philip Morris Products SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-497/07 P) (1)

(Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Three-dimensional mark representing the shape of a packet of cigarettes - Refusal to register)

(2008/C 285/20)

Language of the case: French

Parties

Applicant: Philip Morris Products SA (represented by: T. Van Innis, avocat)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-140/06 Philip Morris Products v OHIM by which the Court dismissed the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 24 February 2006 concerning its application for registration of the shape of a packet of cigarettes as a Community trade mark — Infringement of Articles 4 and 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Distinctive character of a three-dimensional shape — Ways of embodying that shape and time at which it is to be assessed

Operative part of the order

1. The appeal is dismissed;

2. Philip Morris SA shall pay the costs.

(1) OJ C 22 of 26.1.2008.
EN Official Journal of the European Union C 209/17

Order of the Court (Seventh Chamber) of 21 May 2008 (reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky — Slovak Republic) — Karol Mihal v Daňový úrad Košice V

(Case C-456/07) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Sixth VAT Directive - Taxable persons - Article 4(5), first subparagraph - Bodies governed by public law - Bailiffs - Natural and legal persons)

(2008/C 209/24)

Language of the case: Slovak

Referring court

Najvyšší súd Slovenskej republiky

Parties

Applicant: Karol Mihal

Defendant: Daňový úrad Košice V

Re:

Reference for a preliminary ruling — Najvyšší súd Slovenskej republiky — Interpretation of the first subparagraph of Article 4(5) of Directive 77/388/EEC: Sixth Council Directive 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) — Treatment of a body governed by public law as a non-taxable person in respect of activities or operations engaged in as a public authority — Inclusion of bailiffs in the exercise of their public duties — Direct effect

Operative part of the order

An activity exercised by a private individual, such as that of a bailiff, is not exempted from value added tax merely because it consists in engaging in acts falling within the rights and powers of a public authority. Even on the assumption that, in the exercise of his duties, a bailiff does carry out such acts, he does not, under legislation such as that at issue in the main proceedings, exercise his activity in the form of a body governed by public law, not being integrated into the organisation of the public administration, but in the form of an independent economic activity carried out in a self-employed capacity, and, consequently, he is not covered by the exemption provided for in the first subparagraph of Article (5) 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.

(1) OJ C 315, 22.12.2007.
EN Official Journal of the European Union C 69/31

Order of the President of the Seventh Chamber of the Court of 22 December 2008 — Commission of the European Communities v Hellenic Republic

(Case C-548/07) (1)

(2009/C 69/61)

Language of the case: Greek

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

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

Order of the President of the Fifth Chamber of the Court of 18 August 2008 — Commission of the European Communities v Republic of Malta

(Case C-563/07) (1)

(2008/C 313/37)

Language of the case: English

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

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 141/20

Order of the Court of 20 January 2009 — Mebrom NV v Commission of the European Communities

(Case C-374/07 P) (1)

(Appeal - Non-contractual liability of the Commission - Certain and actual loss - Distortion of the clear sense of the facts and the evidence - Burden of proof)

2009/C 141/35

Language of the case: English

Parties

Appellant: Mebrom NV (represented by: K. Van Maldegem and C. Mereu, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: X. Lewis, Agent)

Re:

Appeal brought against the judgment of the Second Chamber of the Court of First Instance of 22 May 2007 in Case T-198/05 Mebrom v Commission by which the Court dismissed as unfounded an action for compensation for the damage allegedly suffered by the appellant following the Commission’s failure to set up, for January and February 2005, a system allowing it to import methyl bromide into the European Union in accordance with Articles 6 and 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p. 1).

Operative part

Το Δικαστήριο διατάσσει:

1. The appeal is dismissed.

2. Mebrom NV shall pay the costs.

(1) OJ C 247, 20.10.2007.
EN Official Journal of the European Union C 6/18

Order of the President of the Court of 28 October 2008 — Commission of the European Communities v Republic of Hungary

(Case C-270/08) (1)

(2009/C 6/36)

Language of the case: Hungarian

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

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 285/32

Order of the President of the Court of 9 June 2008 — Commission of the European Communities v Italian Republic

(Case C-30/08) (1)

(2008/C 285/56)

Language of the case: Italian

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

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 69/15

Order of the Court (Fifth Chamber) of 3 October 2008 (reference for a preliminary ruling from the Tribunale ordinario di Milano (Italy)) — Crocefissa Savia, Monica Maria Porcu, Ignazia Randazzo, Daniela Genovese, Mariangela Campanella v Ministero dell'Istruzione, dell'Università e della Ricerca, Direzione Didattica II Circolo — Limbiate, Úfficio Scolastico Regionale per la Lombardia, Direzione Didattica III Circolo — Rozzano, Direzione Didattica IV Circolo — Rho, Istituto Comprensivo — Castano Primo, Istituto Comprensivo A. Manzoni — Rescaldina

(Case C-287/08) (1)

(Reference for a preliminary ruling - No link with Community law - Court clearly lacking jurisdiction)

(2009/C 69/26)

Language of the case: Italian

Referring court

Tribunale ordinario di Milano

Parties

Applicants: Crocefissa Savia, Monica Maria Porcu, Ignazia Randazzo, Daniela Genovese, Mariangela Campanella

Defendants: Ministero dell'Istruzione, dell'Università e della Ricerca, Direzione Didattica II Circolo — Limbiate, Úfficio Scolastico Regionale per la Lombardia, Direzione Didattica III Circolo — Rozzano, Direzione Didattica IV Circolo — Rho, Istituto Comprensivo — Castano Primo, Istituto Comprensivo A. Manzoni — Rescaldina

Re:

Reference for a preliminary ruling — Tribunale ordinario di Milano — Interpretation of Article 6(2) EU and of Article 6 of the European Convention on Human Rights — Right to a fair trial — National legislation with retroactive effect which introduces changes in salary conditions under the contract of employment

Operative part of the order

The Court of Justice of the European Communities manifestly does not have jurisdiction to answer the questions posed by the Tribunale ordinario di Milano by decision of 16 June 2008.

(1) OJ C 236, 13.9.2008.
EN Official Journal of the European Union C 69/32

Order of the President of the Court of 3 December 2008 — Commission of the European Communities v Kingdom of Belgium

(Case C-187/08) (1)

(2009/C 69/72)

Language of the case: French

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

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 113/28

Order of the President of the Fourth Chamber of the Court of 21 January 2009 (reference for a preliminary ruling from the Juzgado de lo Mercantil de Madrid — Spain) — Asociación de Gestión de Derechos Intelectuales (AGEDI), Asociación de Artistas Intérpretes o Ejecutantes — Sociedad de Gestión de España (AIE) v Sogecable, SA, Canal Satélite Digital SL

(Case C-98/08) (1)

2009/C 113/54

Language of the case: Spanish

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

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 90/6

Order of the Court (Third Chamber) of 27 November 2008 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — N.N. Renta SA v Tribunal Económico-Administrativo Regional de Cataluña (TEARC), Generalidad de Cataluña

(Case C-151/08) (1)

(Article 104(3) of the Rules of Procedure - Sixth VAT Directive - Article 33(1) - Definition of ‘turnover taxes’ - Duty on transfers of assets and documented legal transactions)

2009/C 90/09

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties

Applicant: N.N. Renta SA

Defendant: Tribunal Económico-Administrativo Regional de Cataluña (TEARC), Generalidad de Cataluña

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de Cataluña — Interpretation of Art. 33 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Definition of ‘turnover taxes’ — National duty on capital transfers and documented legal transactions

Operative part of the order

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, as amended by Council Directive 91/680/EEC of 16 December 1991, must be interpreted as meaning that it does not preclude the charging of the variable or proportional amount of the duty on transfers of assets and documented legal transactions when it is chargeable on the conclusion of a purchase by an undertaking whose business activity consists of buying and selling immovable property or purchasing immovable property for development or letting.

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 141/34

Order of the President of the Seventh Chamber of the Court of 5 February 2009 — Commission of the European Communities v Republic of Malta

(Case C-269/08) (1)

2009/C 141/65

Language of the case: Maltese

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

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 141/35

Order of the President of the Court of 2 March 2009 — Commission of the European Communities v Czech Republic

(Case C-294/08) (1)

2009/C 141/68

Language of the case: Czech

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

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 220/30

Order of the President of the Court of 26 March 2009 — Commission of the European Communities v Kingdom of Spain

(Case C–213/08) (1)

2009/C 220/58

Language of the case: Spanish

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

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 205/17

Order of the Court of 3 April 2009 — VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH v Commission of the European Communities

(Case C-387/08 P) (1)

(Appeal - Action for declaration of failure to act - Directive 89/665/EEC - Commission not implementing the corrective mechanism under Article 3(2) of Directive 89/665/EEC - Natural and legal persons - Direct concern - Inadmissibility)

2009/C 205/30

Language of the case: German

Parties

Appellants: VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH (represented by: C. Antweiler, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) in Case T-185/08 VDH Projektenwicklung and Edeka Rhein-Ruhr v Commission by which the Court of First Instance dismissed as manifestly inadmissible the action for a declaration that the Commission had unlawfully failed to act, on the ground that it failed, in relation to the conclusion of a public works contract and in relation to the award of a general commercial contract, to implement without delay the corrective mechanism provided for under Article 3 of Directive 89/665/EEC and to send the Federal Republic of Germany a notification under Article 3(2) of that directive — Action brought by natural and legal persons for a declaration of failure to act — Need for the measure regarding which the institution is alleged to have unlawfully failed to act to be of direct concern to the applicant

Operative part of the order

1. The appeal is dismissed.

2. VDH Projektentwicklung GmbH and Edeka Handelsgesellschaft Rhein-Ruhr mbH are to bear their own costs.

(1) OJ C 141, 20.06.2009.
EN Official Journal of the European Union C 11/11

Order of the Court (Fifth Chamber) of 24 September 2009 — HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Manpower Inc.

(Case C-520/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b), (c), (d) and (g) - Application for a declaration of invalidity - Community word mark I.T.@MANPOWER)

2010/C 11/18

Language of the case: English

Parties

Appellant: HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) (represented by: represented by M. Ciresa, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent), Manpower Inc. (represented by: V. Marsland, Solicitor, and A. Bryson, Barrister)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 in Case T-248/05 HUP Uslugi Polska v OHIM — Manpower (I.T.@MANPOWER), by which the Court of First Instance dismissed an action for annulment brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 April 2005 (Case R 124/2004–4), which in turn dismissed the action brought against the decision of the Cancellation Division which had dismissed an application for a declaration of invalidity of Community word mark ‘I.T.@MANPOWER’ for goods and services in Classes 9, 16, 35, 38, 41 and 42 — Trade mark with no descriptive character

Operative part of the order

1. The appeal is dismissed.

2. HUP Uslugi Polska sp. z o.o. shall pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 282/33

Order of the President of the Fifth Chamber of the Court of 21 July 2009 — Commission of the European Communities v Kingdom of Sweden

(Case C-547/08) (1)

2009/C 282/60

Language of the case: Swedish

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

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 63/43

Order of the President of the Fourth Chamber of the Court of 10 December 2009 — European Commission v Republic of Austria

(Case C-110/08) (1)

2010/C 63/67

Language of the case: German

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

(1) OJ C 158, 21.6.2008.