do-me/EUR-LEX huggingface dataset:
Case C-165/06: Order of the President of the Court of 29 November 2006 (reference for a preliminary ruling from the Commissione tributaria provinciale di Roma — Italie) — Leasys SpA v Agenzia Entrate Ufficio Roma 7
Date: 2006-12-30
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, intra-EU trade, production, provision of services

C 331/26

EN

Official Journal of the European Union

30.12.2006

Order of the President of the Court of 29 November 2006
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Roma — Italie) — Leasys SpA v
Agenzia Entrate Ufficio Roma 7

(Case C-165/06) (1)

(2006/C 331/54)

Language of the case: Italian

Order of the President of the Court of 21 November 2006
— Commission of the European Communities v Republic
of Austria

(Case C-235/06) (1)

(2006/C 331/57)

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 154, 1.7.2006.

(1) OJ C 165,15.7.2006.

Order of the President of the Court of 22 November 2006
— Commission of the European Communities v Kingdom
of Spain

Order of the President of the Court of 22 November 2006
— Commission of the European Communities v Kingdom
of Spain

(Case C-216/06) (1)

(2006/C 331/55)

Language of the case: Spanish

The President of
removed from the register.

the Court has ordered that

the case be

(Case C-258/06) (1)

(2006/C 331/58)

Language of the case: Spanish

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 165, 15.7.2006.

(1) OJ C 178, 29.7.2006.

Order of the President of the Court of 23 November 2006
— Commission of the European Communities v Kingdom
of Spain

(Case C-224/06) (1)

(2006/C 331/56)

Language of the case: Spanish

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 165, 15.7.2006.

Order of the President of the Court of 13 November 2006
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-318/06) (1)

(2006/C 331/59)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 212, 2.9.2006.
Case T -530/93, T-531/93, T-533/93, T-1/94, T-3/94, T-4/94, T-11/94, T-53/94, T-71/94, T-73/94, T-87/94, T-91/94, T-102/94, T-103/94, T-106/94, T-120/94, T-121/94, T-123/94, T-124/94, T-253/94 and T-372/94: Order of the Court of First Instance of 16 October 2006 — Kat and Others v Council and Commission
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, farmer, indemnification, milk, non-marketing premium

C 326/82

EN

Official Journal of the European Union

30.12.2006

Pleas in law and main arguments

Community trade mark concerned:
the word mark ‘VASCULAR
WRAP’ for goods and services in classes 5 and 10 (dressings,
bandages, coatings, compositions and medical devices
for
surgical application) — application number 4220811.

Order of the Court of First Instance of 16 October 2006 —
Kat and Others v Council and Commission

(Case T -530/93, T-531/93, T-533/93, T-1/94, T-3/94, T-4/94,
T-11/94, T-53/94, T-71/94, T-73/94, T-87/94, T-91/94, T-102/
94, T-103/94, T-106/94, T-120/94, T-121/94, T-123/94, T-
124/94, T-253/94 and T-372/94) (1)

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

(2006/C 326/166)

Language of the case: Dutch

in law:

Pleas
Council Regulation 40/94.

Infringement of Article 7(1)(b) and 7(1)(c) of

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

(1) OJ C 334, 9.12.2003.
Case C-425/05: Order of the President of the Court of 8 August 2006 — Commission of the European Communities v Ireland
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, chemical product, dangerous substance, disclosure of information, prevention of pollution, stratospheric pollutant, surveillance concerning imports

30.12.2006

EN

Official Journal of the European Union

C 326/53

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

(Case C-425/05) (1)

(2006/C 326/109)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 18 September 2006
— Commission of the European Communities v Hellenic
Republic

(Case C-86/06) (1)

(2006/C 326/112)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 48, 25.02.2006.

(1) OJ C 74, 25.03.2006.

Order of the President of the Court of 28 September 2006
— Commission of the European Communities v Czech
Republic

Order of the President of the Court of 2 October 2006 —
the European Communities v French
Commission of

(Case C-46/06) (1)

(2006/C 326/110)

Language of the case: Czech

The President of
removed from the register.

the Court has ordered that

the case be

Republic

(Case C-101/06) (1)

(2006/C 326/113)

Language of the case: French

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 9 October 2006 —
Commission of European Communities v Hellenic Republic

(Case C-85/06) (1)

(2006/C 326/111)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 74, 25.03.2006.

Order of the President of the Court of 4 October 2006 —
the European Communities v Hellenic
Commission of

Republic

(Case C-298/06) (1)

(2006/C 326/114)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 237, 30.09.2006.
Case C-86/06: Order of the President of the Court of 18 September 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, combustion gases, consumer information, energy consumption, motor car, motor fuel, motor vehicle pollution, national implementing measure

30.12.2006

EN

Official Journal of the European Union

C 326/53

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

(Case C-425/05) (1)

(2006/C 326/109)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 18 September 2006
— Commission of the European Communities v Hellenic
Republic

(Case C-86/06) (1)

(2006/C 326/112)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 48, 25.02.2006.

(1) OJ C 74, 25.03.2006.

Order of the President of the Court of 28 September 2006
— Commission of the European Communities v Czech
Republic

Order of the President of the Court of 2 October 2006 —
the European Communities v French
Commission of

(Case C-46/06) (1)

(2006/C 326/110)

Language of the case: Czech

The President of
removed from the register.

the Court has ordered that

the case be

Republic

(Case C-101/06) (1)

(2006/C 326/113)

Language of the case: French

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 9 October 2006 —
Commission of European Communities v Hellenic Republic

(Case C-85/06) (1)

(2006/C 326/111)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 74, 25.03.2006.

Order of the President of the Court of 4 October 2006 —
the European Communities v Hellenic
Commission of

Republic

(Case C-298/06) (1)

(2006/C 326/114)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 237, 30.09.2006.
Case F-120/06 R: Order of the President of the Civil Service Tribunal of 14 December 2006 — Dálnoky v Commission (Application for interim measures — Notice of competition — Admissibility of main action — Urgency — None)
Date: 2006-12-30
Institutions: Civil Service Tribunal
Subjects: European Commission, Hungary, Romania, action for annulment (EU), competition (EU), equal treatment, official language, recruitment, summary procedure

C 331/50

EN

Official Journal of the European Union

30.12.2006

Order of the President of the Civil Service Tribunal of
14 December 2006 — Dálnoky v Commission

(Case F-120/06 R)

(Application for interim measures — Notice of competition —
Admissibility of main action — Urgency — None)

Operative part of the order

1. The application for interim measures is dismissed.

2. The costs are reserved.

(2006/C 331/111)

Language of the case: English

Parties

Applicant: Noémi Dálnoky (Brussels, Belgium) (represented by: P.
Horváth, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer, Agents)

Re:

Suspension of the operation of the tests in Open Competition
EPSO/AD/47/06 pending judgment on the application for
annulment of the notice of that competition published in the
Official Journal of the European Union of 21 June 2006 (OJ 2006
C 145 A, p. 1).

Order of the Civil Service Tribunal of 21 December 2006
— Pantalis v Commission

(Case F-88/06) (1)

(2006/C 331/112)

Language of the case: Greek

The President of the First Chamber has ordered that the case be
removed from the register further to an amicable settlement.

(1) OJ C 281, 18.11.2006, p. 44.
Case T-162/04: Judgment of the Court of First Instance of 14 December 2006 — Branco v Commission (European Social Fund (ESF) — Reduction of financial assistance — Subcontracting — Reasonable time)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: European Commission, European Social Fund, action for annulment (EU), vocational training

C 331/34

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court of First Instance of 12 December
2006 — SELEX Sistemi Integrati v Commission

Judgment of the Court of First Instance of 14 December
2006 — Branco v Commission

(Case T-155/04) (1)

(Competition — Abuse of a dominant position — Concept of
an ‘undertaking’ — Complaint — Rejection)

(Case T-162/04) (1)

(European Social Fund (ESF) — Reduction of financial assis-
tance — Subcontracting — Reasonable time)

(2006/C 331/75)

Language of the case: Portuguese

(2006/C 331/74)

Language of the case: Italian

Parties

Parties

Applicant: Eugénio Branco, Lda (Lisbon, Portugal) (represented by:
B. Belchior, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and A. Weimar, Agents)

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi
Systems SpA, Rome (Italy) (represented by F. Sciaudone, lawyer)

Re:

Defendant: Commission of the European Communities (repre-
sented initially by P. Oliver and L. Visaggio, and subsequently by
A. Bouquet, L. Visaggio and F. Amato, agents)

Intervener in support of the defendant: Organisation européenne
pour la sécurité de la navigation aérienne (Eurocontrol) (Euro-
pean Organisation for the Safety of Air Navigation) (represented
by F. Montag and T. Wessely, lawyers)

Re:

Application for annulment or amendment of the Commission
applicant's
decision of 12 February 2004 rejecting the
complaint relating to alleged breach by Eurocontrol of
the
provisions of the EC Treaty in the field of competition)

Action for annulment of the decision of the Commission of 8
August 2003 reducing the assistance of the European Social
Fund (ESF) and, therefore, rejecting the application for payment
of the balance of the assistance from the ESF, initially approved
for operational program 87 03 01 P1.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 217, 28.8.2004.

Operative part of the judgment

The Court:

1. Dismisses the action;

Judgment of the Court of First Instance of 22 November
2006 — Italy v Commission

(Case T-282/04) (1)

(EAGGF — Expenditure excluded from Community financing
— Financial corrections — Rural development — Aid to the
least well-off)

2. Orders SELEX Sistemi Integrati SpA to bear its own costs and pay

those incurred by the Commission;

3. Orders the European Organisation for the Safety of Air Navigation

to bear its own costs.

Parties

(2006/C 331/76)

Language of the case: Italian

(1) OJ C 179, 10.7.2004.

Applicant: Italian Republic (represented by: G. De Bellis, avvocato
dello Stato)

Defendant: Commission (represented by: C. Cattabriga and L.
Visaggio, Agents)
Case F-122/05: Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2006 — Ioannis Economidis v Commission. (Officials — Appointment — Post of Head of Unit — Rejection of applicant's candidature — Manifest error of assessment)
Date: 2006-12-30
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, staff assessment

30.12.2006

EN

Official Journal of the European Union

C 331/47

Judgment of the Civil Service Tribunal (Second Chamber)
of 14 December 2006 — Kubanksi v Commission of the
European Communities

Judgment of the Civil Service Tribunal (Second Chamber)
of 14 December 2006 — Ioannis Economidis v Commis-
sion.

(Case F-88/05) (1)

(Case F-122/05) (1)

(Temporary staff — Article 5(3)(a) of the Staff Regulations
— Article 82(2) of the Conditions of employment of other
servants of the European Communities — Withdrawal of the
decision to employ the applicant as a member of the temporary
staff in grade B*4 — Level of qualifications required to be
employed in grade B* — New contract staff contract)

(2006/C 331/104)

Language of the case: Italian

(Officials — Appointment — Post of Head of Unit — Rejec-
tion of applicant's candidature — Manifest error of assess-
ment)

(2006/C 331/105)

Language of the case: French

Parties

Parties

Applicant: Gabrielle Kubanksi (Leggiuno, Italy) (represented by:
M. Condinanzi and D. Bono, lawyers)

Applicant:
Ioannis Economidis
(represented by: S. Orlandi, A. Coolen,
Marchal, lawyers)

(Woluwé-St-Étienne, Belgium)
J.-N. Louis and E.

Defendant: Commission of the European Communities (repre-
sented by: J.Currall and M. Velardo, Agents)

Defendant: Commission of the European Communities (repre-
sented by: J. Curral and G. Berscheid, Agents)

Re:

Re:

Annulment of the Commission's decision revoking the decision
to employ the applicant as a member of the temporary staff in
grade B*4

Annulment of the decisions of the Commission rejecting the
applicant's candidature for the post of Head of Unit RTD.F.5 —
Biotechnology and applied genomics and appointing Mr H. to
that post.

Operative part of the judgment

The Tribunal:

Operative part of the judgment

1. annuls the decision of the Commission of the European Commu-
nities of 16 December 2004 terminating the temporary staff
contract signed on 4 October 2004 by Ms Kubanski;

The Tribunal:

2. dismisses the action as to the remainder;

3. orders the Commission of the European Communities to pay the

costs.

1. annuls of the decision of the Commission of the European Commu-
nities of 23 December 2004 appointing Mr H. to the post of
Head of Unit of Biotechnology and applied genomics unit and,
consequently, rejecting the applicant's candidature for that post;

2. orders the Commission of the European Communities to pay the

costs.

(1) OJ C 280, 12.11.2005, p. 20 (case initially registered before the
Court of First Instance of the European Communities under number
T-353/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

(1) OJ C 60, 11.3.2006.
Case T-329/06: Action brought on 27 November 2006 — Enercon GmbH v OHIM
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 326/76

EN

Official Journal of the European Union

30.12.2006

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 8 September 2006 (Case R 0394/2006-1);

— order the defendant to pay the costs.

Community trade mark concerned: The word mark ‘PNEUMO
UPDATE’ for goods and services in Classes 5, 9, 16, 35, 38 and
41 (Application No 2 462 049).

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings:
Avensa AG.

Community trade mark concerned: The word mark ‘E’ for goods in
Classes 7, 9 and 19 (application No 3 817 566)

Mark or sign cited in opposition: German word mark ‘Pneumo’ for
goods in Class 5, the opposition being brought only against the
registration in Class 5.

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Opposition Division: Opposition granted.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: The contested decision is not reasoned in a compre-
hensible manner and it infringes Article 8(1)(b) of Regulation
(EC) No 40/94 (1), since there is no likelihood of confusion
between the opposing marks. In addition, the applicant claims
that the opposing mark is not in use.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1) as it was held that the mark for which registration
was sought lacked distinctive character and that its availability
had to be preserved.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 27 November 2006 — Novartis v
OHIM (BLUE SOFT)

Action brought on 27 November 2006 — Enercon GmbH
v OHIM

(Case T-329/06)

(2006/C 326/155)

Language of the case: German

Parties

(Case T-330/06)

(2006/C 326/156)

Language of the case: German

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by R.
Böhm, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

Applicant: Novartis AG (Basel, Switzerland) (represented by N.
Hebeis, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should

— annul

the decision of

the First Board of Appeal of 14

September 2006 in Case R 270/2006-1;

— order the Office for Harmonisation in the Internal Market to

The applicant claims that the Court should:

pay the costs.
Case C-298/06: Order of the President of the Court of 4 October 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, animal breeding, cattle, health control, import, intra-EU trade, national implementing measure

30.12.2006

EN

Official Journal of the European Union

C 326/53

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

(Case C-425/05) (1)

(2006/C 326/109)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 18 September 2006
— Commission of the European Communities v Hellenic
Republic

(Case C-86/06) (1)

(2006/C 326/112)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 48, 25.02.2006.

(1) OJ C 74, 25.03.2006.

Order of the President of the Court of 28 September 2006
— Commission of the European Communities v Czech
Republic

Order of the President of the Court of 2 October 2006 —
the European Communities v French
Commission of

(Case C-46/06) (1)

(2006/C 326/110)

Language of the case: Czech

The President of
removed from the register.

the Court has ordered that

the case be

Republic

(Case C-101/06) (1)

(2006/C 326/113)

Language of the case: French

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 9 October 2006 —
Commission of European Communities v Hellenic Republic

(Case C-85/06) (1)

(2006/C 326/111)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 74, 25.03.2006.

Order of the President of the Court of 4 October 2006 —
the European Communities v Hellenic
Commission of

Republic

(Case C-298/06) (1)

(2006/C 326/114)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 237, 30.09.2006.
Case C-364/05: Order of the President of the Fifth Chamber of the Court of 26 September 2006 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, code of conduct, experiment on humans, medicinal product, pharmaceutical industry, pharmaceutical legislation

C 326/52

EN

Official Journal of the European Union

30.12.2006

Action brought on 4 December 2006 — Commission of
the European Communities v Federal Republic of Germany

Order of the President of the Fifth Chamber of the Court
of 26 September 2006 — Commission of the European
Communities v Kingdom of the Netherlands

(Case C-364/05) (1)

(2006/C 326/107)

Language of the case: Dutch

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

(1) OJ C 296, 26.11.2005.

(Case C-496/06)

(2006/C 326/105)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and W. Bogensberger, acting as
Agents)

Defendant: Federal Republic of Germany

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/9/EC of 27 January 2003 laying down
minimum standards for the reception of asylum seekers (1)
or,
in any event, by failing to communicate them to the
Commission, the Federal Republic of Germany has failed to
fulfil its obligations under that directive;

— order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period for transposition of
February 2005.

the directive expired on 6

(1) OJ 2003 L 31, p. 18.

Order of the President of the Court of 18 July 2006 —
the European Communities v Hellenic
Commission of

Republic

Order of the President of the Court of 26 September 2006
— Commission of the European Communities v Federal
Republic of Germany

(Case C-181/05) (1)

(2006/C 326/106)

Language of the case: German

(Case C-369/05) (1)

(2006/C 326/108)

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 296, 26.11.2005.

(1) OJ C 171, 09.07.2005.