Case C-104/08: Order of the Court (Seventh Chamber) of 19 June 2008 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (Austria)) — Marc André Kurt v Bürgermeister der Stadt Wels (Articles 92(1) and 104(3) of the Rules of Procedure — Fundamental freedoms — Charter of Fundamental Rights of the European Union — Condition of diploma provided for by the national legislation for the issue of a permit to operate a driving school — Discrimination against own nationals as compared to nationals of other Member States)
Date: 2008-06-19
Institutions: Court of Justice
Subjects: access to a profession, diploma, driving instruction, interpretation of the law, professional experience, vocational training

8.11.2008

EN

Official Journal of the European Union

C 285/13

Re:

Re:

the Court of First Instance
Appeal against the judgment of
(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

Appeal against the order of the Court of First Instance (Third
Chamber) of 1 October 2007 in Case T-27/07 US Steel Košice s
r.o. v Commission of the European Communities dismissing as
inadmissible an application for annulment of the Commission's
decision of 29 November 2006 concerning the national alloca-
tion plan for greenhouse gas emission allowances notified by
Slovakia for the period from 2008 to 2012 in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council (OJ 2003 L 275, p. 32) — Natural or legal persons —
Acts of direct and individual concern to them — Direct concern
— Criteria

Operative part of the order

Operative part of the order

1. The appeal is dismissed.

1. The appeal is dismissed;

2. US Steel Košice s.r.o. shall pay the costs.

2. Philip Morris SA shall pay the costs.

(1) OJ C 64, 8.3.2008.

(1) OJ C 22 of 26.1.2008.

Order of the Court of 19 June 2008 — US Steel Košice
s.r.o. v Commission

(Case C-6/08 P) (1)

(Appeal — Directive 2003/87/EC — Scheme for greenhouse
gas emission allowance trading — Integrated pollution preven-
tion and control — Slovak Republic — Act of Accession —
Allocation of allowances — Period 2008-2012 — Conditions
— Whether directly affected — Inadmissibility)

(2008/C 285/21)

Language of the case: English

Order of the Court (Seventh Chamber) of 19 June 2008
(reference for a preliminary ruling from the Unabhängiger
Verwaltungssenat des Landes Oberösterreich (Austria)) —
Marc André Kurt v Bürgermeister der Stadt Wels

(Case C-104/08) (1)

(Articles 92(1) and 104(3) of the Rules of Procedure —
Fundamental freedoms — Charter of Fundamental Rights of
the European Union — Condition of diploma provided for by
the national legislation for the issue of a permit to operate a
driving school — Discrimination against own nationals as
compared to nationals of other Member States)

(2008/C 285/22)

Language of the case: German

Referring court

Parties

Unabhängiger Verwaltungssenat des Landes Oberösterreich

Appellant: US Steel Košice s.r.o. (represented by: C. Thomas, Soli-
citor, and E. Vermulst, advocaat)

Parties

Other party to the proceedings: Commission of
the European
Communities (represented by: U. Wölker and D. Lawunmi,
Agents)

Applicant: Marc André Kurt

Defendant: Bürgermeister der Stadt Wels

C 285/14

EN

Official Journal of the European Union

8.11.2008

Re:

Parties

Reference for a preliminary ruling — Unabhängiger Verwal-
tungssenat des Landes Oberösterreich — Interpretation of the
fundamental principles of the EC and EU Treaties and the funda-
mental freedoms thereunder, as well as Articles 16 and 20 of
the Charter of Fundamental Rights of the European Union —
National legislation establishing a permit system for establishing,
operating and managing a driving school and providing for a
diploma requirement — Discrimination against own nationals
as compared to nationals of other Member States who avail
themselves of their rights under Community law and who do
not necessarily have to satisfy the diploma requirement

Applicants: Real Sociedad de Fútbol SAD, Nihat Kahveci

Defendants: Consejo Superior de Deportes, Real Federación Espa-
ñola de Fútbol

Operative part of the order

Re:

1. Articles 23 EC, 43 EC and 49 EC do not preclude legislation of a
Member State which, in a situation such as that at issue in the
main proceedings, refuses to recognise professional qualifications
acquired by a national of that Member State as equivalent to the
possession of
the
purposes of operating a driving school as an independent operator
in that Member State.

the diploma required by that

legislation for

2. The Court of Justice of the European Communities clearly has no
jurisdiction to answer the second and third questions referred by the
Unabhängiger Verwaltungssenat des Landes Oberösterreich.

(1) OJ C 142, 7.6.2008.

Order of
the Court (Fifth Chamber) of 25 July 2008
(reference for a preliminary ruling from the Tribunal
Superior de Justicia de Madrid (Spain)) — Real Sociedad de
Fútbol SAD, Nihat Kahveci v Consejo Superior de
Deportes, Real Federación Española de Fútbol

(Case C-152/08) (1)

(Article 104(3) of the Rules of Procedure — EEC-Turkey
Association Agreement — Article 37 of
the Additional
Protocol — Direct effect — Working conditions — Principle
of non-discrimination — Football — Limit on the number of
professional players from non-member States nationals who
may be fielded per team in national competitions)

(2008/C 285/23)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Reference for a preliminary ruling — Tribunal Superior de
Justicia de Madrid — Interpretation of Art. 37 of the Additional
Protocol to the EEC-Turkey Association Agreement signed on
23 November 1970 in Brussels and concluded, approved and
confirmed on behalf of the Community by Council Regulation
(EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 133,
p. 17) — Working conditions — Rules laid down by sporting
associations limiting the participation in certain competitions of
professional players who are nationals of non-Member countries
who are not parties to the EEA Agreement — Turkish profes-
sional sportsman with a work permit for access to the profes-
sion and a residence permit as required by national law.

Operative part of the order

by Council Regulation

The prohibition on all discrimination against Turkish workers duly
registered as belonging to the labour market of the Member States as
regards remuneration and other conditions of work, as laid down by
Article 37 of the Additional Protocol, signed on 23 November 1970
in Brussels and concluded, approved and confirmed on behalf of the
Community
(EEC) No 2760/72 of
19 December 1972, annexed to the Agreement establishing an Asso-
ciation between the European Economic Community and Turkey signed
at Ankara on 12 September 1963 by the Republic of Turkey, on the
one part, and by the Member States of the EEC and the Community,
on the other part, and concluded, approved and confirmed on behalf of
the Community by Council Decision 64/732/EEC of 23 December
1963 and Article 10(1) of Decision No 1/80 of the Association
Council of 19 September 1980 on the development of the Association,
must be interpreted as precluding the application to a professional
sportsman of Turkish nationality legally employed by a club established
in a Member State, of a rule laid down by a sports association in that
State, according to which clubs are authorised to field in competitions
organised at national level only a limited number of players from non-
member States which are not parties
to the Agreement on the
European Economic Area.

(1) OJ C 171, 5.7.2008.