do-me/EUR-LEX huggingface dataset:
Case C-414/05: Order of the President of the Court of 10 October 2006 — Commission of the European Communities v French Republic
Date: 2006-12-02
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, marketing standard, pharmaceutical industry, pharmaceutical legislation, pharmaceutical product, product quality

C 294/36

EN

Official Journal of the European Union

2.12.2006

Order of the President of the Court of 24 July 2006
(reference for a preliminary ruling from the Hoge Raad
der Nederlanden — Netherlands) — Staatssecretaris van
Financiën v P. Jurriëns Beheer BV

(Case C-406/05) (1)

(2006/C 294/64)

Language of the case: Dutch

Order of the President of the Court of 8 August 2006 —
the European Communities v French
Commission of

Republic

(Case C-18/06) (1)

(2006/C 294/67)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.

(1) OJ C 60, 11.03.2006.

Order of the President of the Court of 10 October 2006
— Commission of the European Communities v French
Republic

Order of the President of the Court of 15 September 2006
— Commission of the European Communities v French
Republic

(Case C-414/05) (1)

(2006/C 294/65)

Language of the case: French

(Case C-19/06) (1)

(2006/C 294/68)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 10, 14.01.2006.

(1) OJ C 60, 11.03.2006.

Order of the President of the Court of 11 September 2006
— Commission of the European Communities v Italian
Republic

Order of the President of the Court of 21 September 2006
— Commission of the European Communities v Kingdom
of Belgium

(Case C-449/05) (1)

(2006/C 294/66)

(Case C-42/06) (1)

(2006/C 294/69)

Language of the case: Italian

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 36, 11.02.2006.

(1) OJ C 74, 25.03.2006.
Case C-18/06: Order of the President of the Court of 8 August 2006 — Commission of the European Communities v French Republic
Date: 2006-12-02
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, plant health control, plant health legislation

C 294/36

EN

Official Journal of the European Union

2.12.2006

Order of the President of the Court of 24 July 2006
(reference for a preliminary ruling from the Hoge Raad
der Nederlanden — Netherlands) — Staatssecretaris van
Financiën v P. Jurriëns Beheer BV

(Case C-406/05) (1)

(2006/C 294/64)

Language of the case: Dutch

Order of the President of the Court of 8 August 2006 —
the European Communities v French
Commission of

Republic

(Case C-18/06) (1)

(2006/C 294/67)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.

(1) OJ C 60, 11.03.2006.

Order of the President of the Court of 10 October 2006
— Commission of the European Communities v French
Republic

Order of the President of the Court of 15 September 2006
— Commission of the European Communities v French
Republic

(Case C-414/05) (1)

(2006/C 294/65)

Language of the case: French

(Case C-19/06) (1)

(2006/C 294/68)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 10, 14.01.2006.

(1) OJ C 60, 11.03.2006.

Order of the President of the Court of 11 September 2006
— Commission of the European Communities v Italian
Republic

Order of the President of the Court of 21 September 2006
— Commission of the European Communities v Kingdom
of Belgium

(Case C-449/05) (1)

(2006/C 294/66)

(Case C-42/06) (1)

(2006/C 294/69)

Language of the case: Italian

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 36, 11.02.2006.

(1) OJ C 74, 25.03.2006.
Case C-107/06: Order of the President of the Court of 31 August 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-02
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, corporation tax, national implementing measure, parent company, subsidiary, tax on profits of self-employment, tax system

2.12.2006

EN

Official Journal of the European Union

C 294/37

Order of the President of the Court of 17 August 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

(Case C-47/06) (1)

(2006/C 294/70)

Order of the President of the Court of 31 August 2006 —
the European Communities v Italian
Commission of

Republic

(Case C-81/06) (1)

(2006/C 294/73)

Language of the case: French

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 60, 11.03.2006.

(1) OJ C 86, 08.04.2006.

Order of the President of the Court of 25 July 2006 —
Commission of the European Communities v Kingdom of
Spain

Order of the President of the Court of 31 August 2006 —
Commission of the European Communities v Hellenic
Republic

(Case C-52/06) (1)

(2006/C 294/71)

(Case C-107/06) (1)

(2006/C 294/74)

Language of the case: Spanish

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 74, 25.03.2006.

(1) OJ C 86, 08.04.2006.

Order of the President of the Court of 11 September 2006
— Commission of the European Communities v Hellenic
Republic

Order of the President of the Court of 19 September 2006
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-67/06) (1)

(2006/C 294/72)

(Case C-113/06) (1)

(2006/C 294/75)

Language of the case: Greek

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 96, 22.04.2006.

(1) OJ C 86, 08.04.2006.
Case C-4/06 P: Order of the Court of 20 September 2006 — Jamal Ouariachi v Commission of the European Communities (Appeal — Action for damages — Non-contractual liability of the Community — Appeal manifestly inadmissible)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: General Court (EU), Morocco, Spain, appeal, divorced person, duties of civil servants, illegal restraint

2.12.2006

EN

Official Journal of the European Union

C 294/21

Order of the Court of 20 September 2006 — Jamal Ouar-
iachi v Commission of the European Communities

Order of the Court (Fourth Chamber) of 13 July 2006 —
Soffass SpA v Office for Harmonisation in the Internal
Market (Trade Marks and Designs), Sodipan SCA

(Case C-4/06 P) (1)

(Case C-92/06 P) (1)

(Appeal — Action for damages — Non-contractual liability
of the Community — Appeal manifestly inadmissible)

(Appeal — Community trade mark — Figurative mark
‘NICKY’ — Opposition by the proprietor of the national
figurative marks ‘NOKY’ and ‘noky’ — Purely factual assess-
ment — Appeal manifestly inadmissible)

(2006/C 294/35)

Language of the case: French

(2006/C 294/36)

Language of the case: Italian

Parties

Appellant:
lawyer)

Jamal Ouariachi

(represented by: F. Blanmailland,

Appellant: Soffass SpA (represented by: V. Biliardo, C. Bacchini
and M. Mazzitelli, lawyers)

Parties

Other party to the proceedings: Commission of the European
Communities (represented by: F. Dintilhac and G. Boudot,
Agents)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs), (represented by: M.
Capostagno, Agent), Sodipan SCA (represented by: N. Bœsp-
flug, lawyer)

Re:

Re:

Appeal brought against the order of the Court of First Instance
(Fifth Chamber) of 26 October 2005 in Case T-124/04 Ouar-
iachi v Commission by which it dismissed, as being manifestly
unfounded, the application brought by the present appellant
for damages to compensate for the loss which he allegedly
suffered as result of the alleged illegal conduct of a member of
staff of the Commission delegation in Khartoum (Sudan)

Appeal against the judgment of the Court of First Instance
(First Chamber) of 23 November 2005 in Case T-396/04
Soffass v OHMI whereby the Court dismissed as unfounded an
action by the applicant for the figurative mark ‘NICKY’ for
goods in Class 15 for annulment of Decision R 699/2003-1 of
the First Board of Appeal of the Office for Harmonisation in
the Internal Market (OHIM) of 16 July 2004 annulling the deci-
the Opposition Division dismissing the opposition
sion of
brought by the proprietor of the national
figurative marks
‘NOKY’ and ‘noky’ for goods in Class 16.

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

1. The appeal is dismissed.

2. Mr Ouariachi is ordered to pay the costs.

2. Soffass SpA is ordered to pay the costs.

(1) OJ C 48, 25.02.2006.

(1) OJ C 121, 20.05.2006
Case C-360/05: Judgment of the Court (Fifth Chamber) of 5 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the period prescribed)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, electrical energy, energy-generating product, tax system

C 294/18

EN

Official Journal of the European Union

2.12.2006

Judgment of the Court (Fifth Chamber) of 5 October 2006
— Commission of the European Communities v Italian
Republic

Judgment of the Court (Fifth Chamber) of 28 September
2006 — Commission of the European Communities v
Grand Duchy of Luxembourg

(Case C-360/05) (1)

(Case C-49/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/96/EC — Taxation of energy products and electricity
— Failure to transpose within the period prescribed)

(Failure of member State to fulfil obligations — Directive
for vehicles —
1999/37/EC — Registration documents

Failure to transpose within the period prescribed)

(2006/C 294/29)

Language of the case: Italian

(2006/C 294/30)

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Gross and M. Velardo, Agents)

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell, Agent)

Defendant: Italian Republic (represented by: G. De Bellis and I.
Braguglia, Agents)

Defendant: Grand Duchy of Luxembourg (represented by: S.
Schreiner, Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose, within the period prescribed, Council Directive
2003/96/EC of 27 October 2003 restructuring the Community
framework for the taxation of energy products and electricity
(OJ 2003 L 283, p. 51)

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Council Directive 1999/37/EC of 29 April 1999
on the registration documents for vehicles (OJ 1999 L 138, p.
57)

Operative part of the judgment

The Court (Fifth Chamber):

Operative part of the judgment

The Court:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the period prescribed, the
laws,
to
comply with Council Directive 2003/96/EC of 27 October 2003
restructuring the Community framework for the taxation of energy
products and electricity, the Italian Republic has failed to fulfil its
obligations under that directive;

1. Declares that, by failing to adopt, within the period prescribed, all
of the laws, regulations and administrative provisions necessary to
comply with Council Directive 1999/37/EC of 29 April 1999
on the registration documents for vehicles, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 281, 12. 11. 2005.

(1) OJ C 60, 11. 03. 2006.
Case C-115/06: Order of the President of the Court of 19 September 2006 (Reference for a preliminary ruling from the Arbeitsgericht Berlin — Germany) — Annette Radke v Achterberg Service GmbH & Co. KG
Date: 2006-12-02
Institutions: Court of Justice
Subjects: approximation of laws, collective dismissal, interpretation of the law, worker consultation

C 294/38

EN

Official Journal of the European Union

2.12.2006

Order of the President of the Court of 19 September 2006
(Reference for a preliminary ruling from the Arbeitsger-
icht Berlin — Germany) — Annette Radke v Achterberg
Service GmbH & Co. KG

(Case C-115/06) (1)

(2006/C 294/76)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 23 August 2006 —
Commission of the European Communities v Ireland

(Case C-137/06) (1)

(2006/C 294/79)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 131, 03.06.2006.

(1) OJ C 131, 03.06.2006.

Order of the President of the Court of 21 August 2006 —
Commission of the European Communities v Hellenic
Republic

Order of the President of the Court of 16 May 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

(Case C-123/06) (1)

(2006/C 294/77)

Language of the case: Greek

(Case C-151/06) (1)

(2006/C 294/80)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 96, 22.04.2006.

(1) OJ C 108, 06.05.2006.

Order of the President of the Court of 8 August 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

(Case C-128/06) (1)

(2006/C 294/78)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 108, 06.05.2005.

Order of the President of the Court of 8 August 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

(Case C-236/06) (1)

(2006/C 294/81)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 165, 15.07.2006.
Case C-42/06: Order of the President of the Court of 21 September 2006 — Commission of the European Communities v Kingdom of Belgium
Date: 2006-12-02
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, approval, distributive trades, domestic waste, free movement of goods, packaging product, principle of proportionality

C 294/36

EN

Official Journal of the European Union

2.12.2006

Order of the President of the Court of 24 July 2006
(reference for a preliminary ruling from the Hoge Raad
der Nederlanden — Netherlands) — Staatssecretaris van
Financiën v P. Jurriëns Beheer BV

(Case C-406/05) (1)

(2006/C 294/64)

Language of the case: Dutch

Order of the President of the Court of 8 August 2006 —
the European Communities v French
Commission of

Republic

(Case C-18/06) (1)

(2006/C 294/67)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.

(1) OJ C 60, 11.03.2006.

Order of the President of the Court of 10 October 2006
— Commission of the European Communities v French
Republic

Order of the President of the Court of 15 September 2006
— Commission of the European Communities v French
Republic

(Case C-414/05) (1)

(2006/C 294/65)

Language of the case: French

(Case C-19/06) (1)

(2006/C 294/68)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 10, 14.01.2006.

(1) OJ C 60, 11.03.2006.

Order of the President of the Court of 11 September 2006
— Commission of the European Communities v Italian
Republic

Order of the President of the Court of 21 September 2006
— Commission of the European Communities v Kingdom
of Belgium

(Case C-449/05) (1)

(2006/C 294/66)

(Case C-42/06) (1)

(2006/C 294/69)

Language of the case: Italian

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 36, 11.02.2006.

(1) OJ C 74, 25.03.2006.
Case F-36/06: Order of the Civil Service Tribunal of 24 October 2006 — Martin Magone v Commission
Date: 2006-12-02
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, damages, personnel administration, psychological harassment, regulations for civil servants, staff assessment

2.12.2006

EN

Official Journal of the European Union

C 294/69

Pleas in law and main arguments

The applicant, formerly head of the ‘Resources’ Unit of the
PMO, challenges the contested decision of 8 December 2005,
which has the effect of reassigning him to a research position.
He claims infringement of Article 7 of the Staff Regulations in
that the reassignment decision in question is contrary to the
interests of the service and does not respect the principle of
assignment to an equivalent post. The applicant invokes in the
second place
statutory provisions
concerning disciplinary sanctions. Third, he alleges misuse of
powers.

infringement of

the

Order of the Civil Service Tribunal of 24 October 2006 —
Martin Magone v Commission

(Case F-36/06) (1)

(2006/C 294/135)

Language of the case: French

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

(1) OJ C 96, 22.04.2005.
Case C-92/06 P: Order of the Court (Fourth Chamber) of 13 July 2006 — Soffass SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Sodipan SCA (Appeal — Community trade mark — Figurative mark NICKY — Opposition by the proprietor of the national figurative marks NOKY and noky — Purely factual assessment — Appeal manifestly inadmissible)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, polishing and scouring preparations, toiletries, trade-mark law

2.12.2006

EN

Official Journal of the European Union

C 294/21

Order of the Court of 20 September 2006 — Jamal Ouar-
iachi v Commission of the European Communities

Order of the Court (Fourth Chamber) of 13 July 2006 —
Soffass SpA v Office for Harmonisation in the Internal
Market (Trade Marks and Designs), Sodipan SCA

(Case C-4/06 P) (1)

(Case C-92/06 P) (1)

(Appeal — Action for damages — Non-contractual liability
of the Community — Appeal manifestly inadmissible)

(Appeal — Community trade mark — Figurative mark
‘NICKY’ — Opposition by the proprietor of the national
figurative marks ‘NOKY’ and ‘noky’ — Purely factual assess-
ment — Appeal manifestly inadmissible)

(2006/C 294/35)

Language of the case: French

(2006/C 294/36)

Language of the case: Italian

Parties

Appellant:
lawyer)

Jamal Ouariachi

(represented by: F. Blanmailland,

Appellant: Soffass SpA (represented by: V. Biliardo, C. Bacchini
and M. Mazzitelli, lawyers)

Parties

Other party to the proceedings: Commission of the European
Communities (represented by: F. Dintilhac and G. Boudot,
Agents)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs), (represented by: M.
Capostagno, Agent), Sodipan SCA (represented by: N. Bœsp-
flug, lawyer)

Re:

Re:

Appeal brought against the order of the Court of First Instance
(Fifth Chamber) of 26 October 2005 in Case T-124/04 Ouar-
iachi v Commission by which it dismissed, as being manifestly
unfounded, the application brought by the present appellant
for damages to compensate for the loss which he allegedly
suffered as result of the alleged illegal conduct of a member of
staff of the Commission delegation in Khartoum (Sudan)

Appeal against the judgment of the Court of First Instance
(First Chamber) of 23 November 2005 in Case T-396/04
Soffass v OHMI whereby the Court dismissed as unfounded an
action by the applicant for the figurative mark ‘NICKY’ for
goods in Class 15 for annulment of Decision R 699/2003-1 of
the First Board of Appeal of the Office for Harmonisation in
the Internal Market (OHIM) of 16 July 2004 annulling the deci-
the Opposition Division dismissing the opposition
sion of
brought by the proprietor of the national
figurative marks
‘NOKY’ and ‘noky’ for goods in Class 16.

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

1. The appeal is dismissed.

2. Mr Ouariachi is ordered to pay the costs.

2. Soffass SpA is ordered to pay the costs.

(1) OJ C 48, 25.02.2006.

(1) OJ C 121, 20.05.2006