ddrg/super_eurlex huggingface dataset:
2.

Articles 3, 4 and 5 of Directive 93/13 must be interpreted as meaning that a term in a loan agreement, such as that at issue in the main proceedings, as a consequence of which the entire exchange rate risk is transferred to the borrower, and which is not drafted transparently, with the result that the borrower is unable to assess, on the basis of clear and intelligible criteria, the financial consequences of signing that agreement, is liable to be regarded as unfair by the national court in its assessment of that term where it is found that, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer. In that regard, it is for the referring court to assess, having regard to all of the circumstances of the case in the main proceedings, taking account in particular of the expertise and knowledge of the seller or supplier concerning possible variations in the exchange rate and the risks inherent in contracting a loan in a foreign currency, first, the possible failure to comply with the requirement of good faith and second, the existence of a significant imbalance within the meaning of Article 3(1) of Directive 93/13.
Case C-303/17: Order of the President of the Court of 23 April 2018 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Headlong Limited v Nemzeti Adó- és Vámhivatal Központi Irányítása

Order of the President of the Court of 23 April 2018 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Headlong Limited v Nemzeti Adó- és Vámhivatal Központi Irányítása

(Case C-303/17) ( 1 )

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

( 1 ) OJ C 269, 14.8.2017.
Case C-645/17: Order of the President of the Court of 23 March 2018 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — Emirates Airlines — Direktion für Deutschland v Aylin Wüst, Peter Wüst

Order of the President of the Court of 23 March 2018 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — Emirates Airlines — Direktion für Deutschland v Aylin Wüst, Peter Wüst

(Case C-645/17) ( 1 )

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

( 1 ) OJ C 129, 24.4.2017.
Order of the Court (Sixth Chamber) of 25 October 2018 (request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa — Spain) — Elena Barba Giménez v Francisca Carrión Lozano

(Case C-426/17) (1)

((Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - Charter of Fundamental Rights of the European Union - Article 47 - Beneficiary of legal aid - Remuneration of legal aid lawyers - Fee scale set by order of the Bar Council - No prior information on fees provided by the lawyer to her client - Complaint as to fees - Examination as to whether terms and practices are unfair - Main dispute - Referral to a competent body - No referral to the referring court - Answers to the questions referred for a preliminary ruling - Utility - None - Manifest inadmissibility))

(2019/C 16/32)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 2 de Terrassa

Parties to the main proceedings

Applicant: Elena Barba Giménez

Defendant: Francisca Carrión Lozano

Operative part of the order

The request for a preliminary ruling made by the Juzgado de lo Social No 2 de Terrassa (Social Court No 2, Terrassa, Spain), by decision of 27 June 2017, is manifestly inadmissible.

(1) OJ C 300, 11.9.2017.
Official Journal of the European Union

Order of the Court (First Chamber) of 6 September 2018 (Request for a preliminary ruling from the Giudice di pace di L’Aquila — Italy) — Gabriele Di Girolamo v Ministero della Giustizia

(Case C-472/17) (1)

((Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - Social policy - Fixed-term employment - Magistrates - Manifest inadmissibility))

(2018/C 399/17)

Language of the case: Italian

Referring court

Giudice di pace di L’Aquila

Parties to the main proceedings

Applicant: Gabriele Di Girolamo

Defendant: Ministero della Giustizia

Intervener: Unione Nazionale Giudici di Pace (Unagipa)

Operative part of the order

The request for a preliminary ruling from the Giudice di pace di L’Aquila (Magistrates Court, L’Aquila, Italy), by decision of 31 July 2017, is manifestly inadmissible.

(1) OJ C 347, 16.10.2017.
Order of the Court (Tenth Chamber) of 13 November 2019 (requests for a preliminary ruling from the Bundesverwaltungsgericht, Germany) — Bundesrepublik Deutschland v Adel Hamed (C-540/17), Amar Omar (C-541/17)

(Joined Cases C-540/17 and C-541/17) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Area of freedom, security and justice - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 33(2)(a) - Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of refugee status in another Member State - Article 4 of the Charter of Fundamental Rights of the European Union - Substantial risk of suffering inhuman or degrading treatment - Living conditions of those granted refugee status in that other Member State)

(2020/C 45/04)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Bundesrepublik Deutschland

Defendant: Adel Hamed (C-540/17), Amar Omar (C-541/17)

Operative part of the order

Article 33(2)(a) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as precluding a Member State from exercising the option under that provision to reject an application for international protection as being inadmissible on the ground that the applicant has already been granted refugee status by another Member State where the living conditions which the applicant could be expected to encounter as a refugee in that other Member State would expose him or her to a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.

(1) OJ C 402, 27.11.2017.
Order of the President of the Court of 11 January 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Bundesamt für Fremdenwesen und Asyl, parties involved in the proceedings: Clinton Osas Alake alias Klenti Solim and Others

(Case C-577/17) (1)

(2019/C 112/45)

Language of the case: German

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

(1) OJ C 22, 22.1.2018.
Case C-27/18: Order of the President of the Court of 1 June 2018 — European Commission v Republic of Bulgaria, supported by the Republic of France

Order of the President of the Court of 1 June 2018 — European Commission v Republic of Bulgaria, supported by the Republic of France

(Case C-27/18) ( 1 )

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

( 1 ) OJ C 83, 5.3.2018.
Official Journal of the European Union

Order of the President of the Court of 26 June 2018 (request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság — Hungary) — FS v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-173/18) (1)

(2018/C 341/22)

Language of the case: Hungarian

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

(1) OJ C 221, 25.6.2018.
Case C-7/18: Order of the President of the Court of 26 April 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Modesto Jardón Lama v Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social

Order of the President of the Court of 26 April 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Modesto Jardón Lama v Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social

(Case C-7/18) ( 1 )

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

( 1 ) OJ C 142, 23.4.2018.
Official Journal of the European Union

Order of the President of the Court of 15 November 2018 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona — Spain) — Magdalena Molina Rodríguez v Servicio Público de Empleo Estatal (SEPE)

(Case C-279/18) (1)

(2019/C 54/29)

Language of the case: Spanish

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

(1) OJ C 259, 23.7.2018.
Official Journal of the European Union

Order of the Court (Eighth Chamber) of 6 September 2018 — Dominique Bilde v European Parliament, Council of the European Union

(Case C-67/18 P) (1)

((Appeal - Admissibility - European Parliament - Rules governing the [payment of] expenses and allowances of Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid))

(2018/C 399/19)

Language of the case: French

Parties

Appellant: Dominique Bilde (represented by: G. Sauveur, avocat)

Other parties to the proceedings: European Parliament (represented by: S. Seyr and G. Corstens, acting as Agents), Council of the European Union (represented by: A.F. Jensen, M. Bauer and R. Meyer, acting as Agents)

Operative part of the order

1. The appeal is dismissed as being manifestly inadmissible in part and manifestly unfounded in part.

2. Ms Dominique Bilde shall pay the costs.

(1) OJ C 161, 7.5.2018.
Order of the Court (First Chamber) of 31 January 2019 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Penafiel — Portugal) — Prosa — Produtos e Serviços Agrícolas v Autoridade Tributária e Aduaneira

(Case C-373/18) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Indirect taxes on the raising of capital - Directive 69/335/EEC - Articles 4 and 7 - Incorporation of a capital company - Stamp duty in force on 1 July 1984 - Subsequent abolition of that stamp duty, followed by its reintroduction)

(2019/C 172/04)

Language of the case: Portuguese

Referring court

Tribunal Administrativo e Fiscal de Penafiel

Parties to the main proceedings

Applicant: Prosa — Produtos e Serviços Agrícolas

Defendant: Autoridade Tributária e Aduaneira

Operative part of the order

Article 4(1)(a) and Article 7(1) of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10 June 1985, must be interpreted as precluding national legislation by which a Member State has reintroduced capital duty on the incorporation of a capital company falling within the first of those provisions, which were subject to such duty on 1 July 1984, but which were subsequently exempted from it.

(1) OJ C 294, 20.8.2018.
Order of the President of the Court of 21 December 2018 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Minister for Justice and Equality v ND

(Case C-685/18) (1)

(2019/C 103/26)

Language of the case: English

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

(1) OJ C 16, 14.1.2019.
Official Journal of the European Union

Order of the President of the Court of 12 April 2019 — European Commission v Republic of Slovenia, supported by: Kingdom of Belgium, Federal Republic of German, French Republic

(Case C-69/18) (1)

(2019/C 280/45)

Language of the case: Slovenian

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

(1) OJ C 152, 30.4.2018.
Official Journal of the European Union

Order of the Court (Fourth Chamber) of 21 March 2019 — Mylène Troszczynski v European Parliament

(Case C-462/18 P) (1)

(Appeal - European Parliament - Rules governing the expenses and allowances of Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid)

(2019/C 220/19)

Language of the case: French

Parties

Appellant: Mylène Troszczynski (represented by: F. Wagner, avocat)

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

Operative part of the order

1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.

2. Ms Mylène Troszczynski shall pay the costs.

(1) OJ C 364, 8.10.2018
Order of the Court (Tenth Chamber) of 20 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Schiaffini Travel SpA v Comune di Latina

(Case C-322/18) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Regulation (EC) No 1370/2007 - Public passenger transport services by rail and by road - Article 5 - Award of public service contracts - Article 5(2) - Direct award - Definition of ‘internal operator’ - Article 8(2) - Transitional arrangements)

(2020/C 10/23)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicant: Schiaffini Travel SpA

Defendant: Comune di Latina

Interveners: Cilia Italia Srl, ATI costituita da Rossi Bus SpA e da Nuova Tesei Bus Srl, Régie autonome des transports parisiens (RATP)

Operative part of the order

Article 5 and Article 8(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 must be interpreted as meaning that Article 5(2) of that regulation is not applicable to procedures opened with a view to the award of public service concession contracts taking place before 3 December 2019.

(1) OJ C 285, 13.8.2018.
Official Journal of the European Union

Order of the President of the Court of 13 June 2019 (request for a preliminary ruling from the Tribunal d'instance de Sens — France) — X

(Case C-562/18) (1)

(2019/C 288/48)

Language of the case: French

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

(1) OJ C 408, 12.11.2018.
Official Journal of the European Union

Order of the Court (Seventh Chamber) of 19 December 2019 — Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) v European Commission

(Case C-747/18 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Action for annulment - Alleged decisions not to raise objections - Lack of locus standi - Person not individually concerned - Action not brought in order to safeguard procedural rights - Inadmissibility of the action at first instance - Appeal manifestly unfounded)

(2020/C 68/22)

Language of the case: Hungarian

Parties

Appellant: Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) (represented by: L. Szabó, ügyvéd)

Other party to the proceedings: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Operative part of the order

1. The appeal is dismissed as being manifestly unfounded.

2. Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) shall bear its own costs and pay those incurred by the European Commission.

(1) OJ C 112, 25.3.2019.
Official Journal of the European Union

Order of the President of the Court of 29 August 2019 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — Totalmédia — Marketing Directo e Publicidade S.A. v Autoridade Tributária e Aduaneira

(Case C-751/18) (1)

(2020/C 19/42)

Language of the case: Portuguese

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

(1) OJ C 82, 4.3.2019.
Order of the Court (Seventh Chamber) of 28 May 2020 — (request for a preliminary ruling from the Špecializovaný trestný súd — Slovakia) — Criminal proceedings against UL, VM

(Case C-709/18) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Directive (EU) 2016/343 - Articles 3 and 4 - Charter of Fundamental Rights of the European Union - Articles 47 and 48 - Public references to guilt - National court - Acceptance by order of the guilty plea of one of two co-accused for the offences stated in the indictment - Examination of the guilt of the second co-accused who pleaded not guilty - Conviction by the same court which accepted the guilty plea)

(2020/C 287/22)

Language of the case: Slovak

Referring court

Špecializovaný trestný súd

Criminal proceedings against

UL, VM

intervener: Úrad špeciálnej prokuratúry Generálnej prokuratúry Slovenskej republiky

Operative part of the order

Articles 3 and 4(1) of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, read in conjunction with recital 16 of that directive and the second paragraph of Article 47 and Article 48 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a national court, first of all, from accepting, in the context of criminal proceedings brought against two persons, by order, the guilty plea of the first person to offences stated in the indictment allegedly committed together with the second person who has not pleaded guilty and, thereafter, from deciding, after taking evidence relating to what the second person is alleged to have done, on the guilt of that person, provided that, first, the reference to the second person as co-perpetrator of the alleged offences is necessary to the characterisation of the legal liability of the person who pleaded guilty and, secondly, that order and/or the indictment to which it refers clearly state that the guilt of that second person has not been legally established and will be the subject of separate taking of evidence and a separate judgment.

(1) OJ C 44, 4.2.2019.
Official Journal of the European Union

Order of the President of the Court of 23 October 2019 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Proceedings brought by Humbert Jörg Köfler, Wolfgang Leitner, Joachim Schönbeck, Wolfgang Semper v Bezirkshauptmannschaft Murtal, interested party: Finanzpolizei

(Case C-297/18) (1)

(2020/C 77/49)

Language of the case: German

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

(1) OJ C 301, 27.8.2018.
Official Journal of the European Union

Order of the President of the Court of 12 June 2020 — Xabier Uribe-Etxebarría Jiménez v European Union Intellectual Property Office, Núcleo de comunicaciones y control SL

(Case C-534/18 P) (1)

(2020/C 320/27)

Language of the case: Spanish

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

(1) OJ C 16, 14.1.2019.
Order of the President of the Court of 14 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Via Lattea Scrl and Others v Agenzia per le Erogazioni in Agricoltura (AGEA), Regione Veneto

(Case C-337/18) (1)

(2020/C 320/24)

Language of the case: Italian

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

(1) OJ C 285, 13.8.2018.
Official Journal of the European Union

Order of the President of the Court of 26 August 2019 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — EUflight.de GmbH v Eurowings GmbH

(Case C-345/19) (1)

(2020/C 19/47)

Language of the case: Germany

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

(1) OJ C 255, 29.7.2019.
2.

Articles 4 and 6 of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, read together with recital 16 thereof, must be interpreted as meaning that the requirements deriving from the presumption of innocence do not preclude, where the competent court examines the reasonable grounds for believing that the suspect or the accused person has committed the offence with which he is charged, in order to give a ruling on the legality of a pre-trial detention decision, that court from comparing the elements of incriminating and exculpatory evidence presented to it and giving reasons for its decision, not only stating the evidence relied on, but also ruling on the objections of the defence counsel of the person concerned, provided that that decision does not present the person detained as being guilty.
Official Journal of the European Union

Order of the President of the Ninth Chamber of the Court of 25 September 2019 — Mouvement pour une Europe des nations et des libertés v European Parliament

(Case C-60/19 P) (1)

(2020/C 68/46)

Language of the case: French

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

(1) OJ C 93, 11.3.2019.
Order of the Court (Sixth Chamber) of 24 October 2019 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — PORR Építési Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-292/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Common system of value added tax (VAT) - Taxable amount - Reduction - Directive 2006/112/EEC - Article 90 - Principle of fiscal neutrality - Debt that became irrecoverable following insolvency proceedings)

(2020/C 45/08)

Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: PORR Építési Kft.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Operative part of the order

Article 90 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a Member State must allow the taxable amount for value added tax to be reduced where the taxable person can demonstrate that the debt owed to him by the debtor is definitely irrecoverable, which is a matter for the national court to ascertain, since that situation does not amount to a case of non-payment capable of coming under the derogation from the obligation to reduce the taxable amount of the value added tax provided for in Article 90(2) of the directive.

(1) OJ C 220, 1.7.2019.
Official Journal of the European Union

Order of the President of the Court of 22 November 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Raggio di Sole Società Cooperativa Onlus v Comune di Cisternino, Consorzio per L'Inclusione Sociale dell'Ats Fasano — Ostuni — Cisternino, interested party: La Scintilla Soc. Coop. Soc.

(Case C-109/19) (1)

(2020/C 137/63)

Language of the case: Italian

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

(1) OJ C 182, 27.5.2019.