Case C-386/07: Order of the Court (Seventh Chamber) of 5 May 2008 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Hospital Consulting Srl, ATI HC, Kodak SpA, Tecnologie Sanitarie SpA v Esaote SpA, ATI, Ital Tbs, Telematic & Biomedical Service SpA, Draeger Medica Italia SpA, Officina Biomedica Divisione Servizi SpA (Rules of procedure — Articles 92(1) and 104(3) — Community competition rules — National rules concerning lawyers' fees — Setting of professional scales of charges — Partial inadmissibility — Answers to questions which may be deduced from the case-law of the Court)
Date: 2008-05-05
Institutions: Court of Justice
Subjects: EU Member State, competition law, freedom to provide services, income in addition to normal pay, interpretation of the law, lawyer, provision of services

15.8.2008

EN

Official Journal of the European Union

C 209/17

Re:

Intervener: Azienda Sanitaria locale ULSS No 15 (Alta Padovana,
Regione Veneto, Italy)

(Trade Marks and Designs)

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 16 May 2007 in Case T-491/04 Merant v
OHIM, by which the Court annulled decision R 542/2002-2 of
the Second Board of Appeal of the Office for Harmonisation in
the internal Market
(OHIM) of
18 October 2004 upholding an action against the opposition
decision which partially rejected the application for registration
of Community word mark ‘FOCUS’ for goods and services in
classes 3, 6, 7, 8, 9, 14, 15, 16, 21, 24, 25, 26, 28, 29, 32, 33,
34, 35, 36, 38, 39, 41 and 42 in opposition proceedings
figurative mark
brought by the proprietor of
‘MICRO FOCUS’ for goods and services in classes 9, 16, 41
and 42 — Likelihood of confusion between two marks

the national

Operative part of the order

1. The appeal is dismissed.

2. Focus Magazin Verlag GmbH is ordered to pay the costs.

(1) OJ C 79, 29.3.2008.

Order of the Court (Seventh Chamber) of 5 May 2008
(reference for a preliminary ruling from the Consiglio di
Stato (Italy)) — Hospital Consulting Srl, ATI HC, Kodak
SpA, Tecnologie Sanitarie SpA v Esaote SpA, ATI, Ital Tbs,
Telematic & Biomedical Service SpA, Draeger Medica Italia
SpA, Officina Biomedica Divisione Servizi SpA

(Case C-386/07) (1)

Re:

Reference for a preliminary ruling — Consiglio di Stato — Inter-
pretation of Articles 10 and 81(1) EC and Directive 98/5/EC of
the European Parliament and of the Council of 16 February
1998 to facilitate practice of the profession of
lawyer on a
permanent basis in a Member State other than that in which the
qualification was obtained (OJ 1998 L 77, p. 36) — Fixing by a
national professional organisation of mandatory tariffs
for
lawyers' services subject
to ministerial approval — National
rules prohibiting judges in decisions on costs from derogating
from the set minimum fees

Operative part of the order

1. Articles 10 EC and 81 EC do not preclude a national law which
in principle prohibits derogation from minimum fees approved by
ministerial decree, on the basis of a draft drawn up by a profes-
sional body of members of the Bar such as the Consiglia nazionale
forense, and which also prohibits the judge, when he decides the
amount of costs that the unsuccessful party must pay to the other
party, from derogating from those minimum fees.

2. The third question referred by the Consiglio di Stato by decision of

13 January 2006 is clearly inadmissible.

(1) OJ C 283, 24.11.2007.

(Rules of procedure — Articles 92(1) and 104(3) — Com-
munity competition rules — National
concerning
lawyers' fees — Setting of professional scales of charges —
Partial inadmissibility — Answers to questions which may be
deduced from the case-law of the Court)

rules

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

(2008/C 209/23)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties

(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

Applicants: Hospital Consulting Srl, ATI HC, Kodak SpA, Tecno-
logie Sanitarie SpA

Referring court

Defendants: Esaote SpA, ATI, Ital Tbs Telematic & Biomedical
Service SpA, Draeger Medica Italia SpA, Officina Biomedica
Divisione Servizi SpA

Najvyšší súd Slovenskej republiky

(1) OJ C 315, 22.12.2007.