do-me/EUR-LEX huggingface dataset:
Case C-520/16: Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 5 October 2016 — Andrea Witzel, Jannis Witzel, Jazz Witzel v Germanwings GmbH
Date: 2016-10-05
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, indemnification, transport regulations, traveller








C_2017030EN.01001502.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/15





Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 5 October 2016 — Andrea Witzel, Jannis Witzel, Jazz Witzel v Germanwings GmbH
(Case C-520/16)
(2017/C 030/17)
Language of the case: German

Referring court

Amtsgericht Hannover

Parties to the main proceedings


Applicants: Andrea Witzel, Jannis Witzel, Jazz Witzel

Defendant: Germanwings GmbH

Questions referred







1.


Is Article 5(3) of Regulation (EC) No 261/2004 (1) of the European Parliament and of the Council to be interpreted as meaning that avoidability relates only to the occurrence of the extraordinary circumstances or also to the consequences of the extraordinary circumstances, namely cancellation or major delay?










2.


If the Court answers question 1 to the effect that avoidability relates to the delay: if the aircraft on the preceding flight is affected by the extraordinary circumstances, must the operating air carrier attempt to find a replacement aircraft already upon the occurrence of the extraordinary circumstances in the preceding flight, or can it wait until it is certain that the extraordinary circumstances lead to a considerable delay to the following flight?










3.


If the Court answers question 1 to the effect that avoidability relates to the delay: is booking a sub-charter flight unreasonable if the cost is approximately three times higher than the original flight?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) — Commission Statement (OJ L 46, 17.2.2004, p. 1).
European Parliament legislative resolution of 5 October 2016 on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2016)0372 — C8-0233/2016 — 2016/0173(NLE))
Date: 2016-10-05
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: EU Member State, South Korea, accession to an agreement, child, child protection, custody, illegal restraint, international convention, parental responsibility, rights of access








C_2018215EN.01026501.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/265





P8_TA(2016)0374
Accession of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 5 October 2016 on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2016)0372 — C8-0233/2016 — 2016/0173(NLE))
(Consultation)
(2018/C 215/48)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2016)0372),










—


having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0233/2016),










—


having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Rules 59 and 108(7) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0266/2016),












1.


Approves the authorisation for certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;












2.


Instructs its President to forward its position to the Council, the Commission, the governments and parliaments of the Member States, and of the Republic of Korea, as well as to the Permanent Bureau of the Hague Conference on Private International Law.






(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
European Parliament legislative resolution of 5 October 2016 on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2016)0368 — C8-0232/2016 — 2016/0169(NLE))
Date: 2016-10-05
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: EU Member State, Kazakhstan, accession to an agreement, child, child protection, custody, illegal restraint, international convention, parental responsibility, rights of access








C_2018215EN.01026401.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/264





P8_TA(2016)0373
Accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 5 October 2016 on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2016)0368 — C8-0232/2016 — 2016/0169(NLE))
(Consultation)
(2018/C 215/47)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2016)0368),










—


having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0232/2016),










—


having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Rules 59 and 108(7) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0268/2016),












1.


Approves the authorisation for certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;












2.


Instructs its President to forward its position to the Council, the Commission, the governments and parliaments of the Member States and of Kazakhstan, as well as to the Permanent Bureau of the Hague Conference on Private International Law.






(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Case T-456/15: Judgment of the General Court of 5 October 2016 — Foodcare v EUIPO — Michalczewski (T.G.R. ENERGY DRINK) (EU trade mark — Invalidity proceedings — EU word mark T.G.R. ENERGY DRINK — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009)
Date: 2016-10-05
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, trade-mark law








C_2016419EN.01004202.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/42





Judgment of the General Court of 5 October 2016 — Foodcare v EUIPO — Michalczewski (T.G.R. ENERGY DRINK)
(Case T-456/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark T.G.R. ENERGY DRINK - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009))
(2016/C 419/55)
Language of the case: English

Parties


Applicant: Foodcare sp. z o.o. (Zabierzów, Poland) (represented by: A. Matusik, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dariusz Michalczewski (Gdańsk, Poland) (represented by: B. Matusiewicz-Kulig, M. Czerwińska and M. Marek, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 12 May 2015 (Case R 265/2014-2), relating to invalidity proceedings between Mr Michalczewski and Foodcare.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Foodcare sp. z o.o. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Mr Dariusz Michalczewski.






(1)  OJ C 328, 5.10.2015.
Case T-370/15: Judgment of the General Court of 5 October 2016 — CJ v ECDC (Appeal — Civil service — Member of the contract staff — Fixed-term contract — Termination — Breakdown in the relationship of trust — Right to be heard)
Date: 2016-10-05
Institutions: General Court
Subjects: appeal, contract staff, servant (EU), temporary employment, termination of employment








C_2016419EN.01004002.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/40





Judgment of the General Court of 5 October 2016 — CJ v ECDC
(Case T-370/15) (1)

((Appeal - Civil service - Member of the contract staff - Fixed-term contract - Termination - Breakdown in the relationship of trust - Right to be heard))
(2016/C 419/52)
Language of the case: English

Parties


Appellant: CJ (Agios Stefanos, Greece) (represented by: V. Kolias, lawyer)

Other party to the proceedings: European Centre for Disease Prevention and Control (ECDC) (represented by: J. Mannheim and A. Daume, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 April 2015, CJ v ECDC (F-159/12 and F-161/12, EU:F:2015:38), seeking to have that judgment set aside in part

Operative part of the judgment

The Court:






1.


Dismisses the appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 April 2015 in CJ v ECDC (F-159/12 and F-161/12, EU:F:2015:38) so far as that appeal concerns Case F-159/12;










2.


Declares that CJ shall bear his own costs and orders him to pay those incurred by the European Centre for Disease Prevention and Control (ECDC) in the present proceedings, in so far as those costs relate to Case F-159/12;










3.


Sets aside points 3 and 5 of the operative part of the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 April 2015 in CJ v ECDC (F-159/12 and F-161/12, EU:F:2015:38);










4.


Refers the present case, in so far as it concerns Case F-161/12, to a chamber other than that which has ruled on the present appeal;










5.


Reserves the costs relating to the present proceedings in so far as they relate to Case F-161/12.






(1)  OJ C 311, 21.9.2015.
Case C-583/15: Judgment of the Court (Tenth Chamber) of 5 October 2016 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road Transport — Administrative simplification and cooperation — Article 16(1) and (5) — National electronic register of road transport undertakings — Interconnection of national electronic registers)
Date: 2016-10-05
Institutions: Court of Justice
Subjects: administrative cooperation, administrative formalities, directory, road transport, transport policy








C_2016441EN.01000601.xml










28.11.2016   


EN


Official Journal of the European Union


C 441/6






Judgment of the Court (Tenth Chamber) of 5 October 2016 — European Commission v Portuguese Republic
(Case C-583/15) (1)

((Failure of a Member State to fulfil obligations - Transport policy - Regulation (EC) No 1071/2009 - Road Transport - Administrative simplification and cooperation - Article 16(1) and (5) - National electronic register of road transport undertakings - Interconnection of national electronic registers))
(2016/C 441/08)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: J. Hottiaux, M. M. Farrajota and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese republic (represented by: L. Inez Fernandes, M. Figueiredo and C. Guerra Santos, acting as Agents)

Operative part of the judgment

The Court






1)


Declares that, by failing to create a national electronic register of road transport undertakings and by failing therefore to establish the interconnection with the electronic registers of other Member States, the Portuguese Republic has failed in its obligations under Article 16(1) and (5) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC.










2)


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 38, 1.2.2016, p. 29.
Case C-32/16: Order of the Court (Eighth Chamber) of 5 October 2016 (request for a preliminary ruling from the Amtsgericht Dresden — Germany) — Ute Wunderlich v Bulgarian Air Charter Limited (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Absence of reasonable doubt — Air transport — Regulation (EC) No 261/2004 — Article 2(l) — Definition of ‘cancellation’ — Flight making an unscheduled stopover)
Date: 2016-10-05
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, destination of transport, indemnification








C_2016475EN.01000901.xml










19.12.2016   


EN


Official Journal of the European Union


C 475/9





Order of the Court (Eighth Chamber) of 5 October 2016 (request for a preliminary ruling from the Amtsgericht Dresden — Germany) — Ute Wunderlich v Bulgarian Air Charter Limited
(Case C-32/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Absence of reasonable doubt - Air transport - Regulation (EC) No 261/2004 - Article 2(l) - Definition of ‘cancellation’ - Flight making an unscheduled stopover))
(2016/C 475/12)
Language of the case: German

Referring court

Amtsgericht Dresden

Parties to the main proceedings


Applicant: Ute Wunderlich

Defendant: Bulgarian Air Charter Limited

Operative part of the order

Article 2(l) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that a flight in respect of which the places of departure and arrival accorded with the planned schedule but during which an unscheduled stopover took place cannot be regarded as cancelled.


(1)  OJ C 165, 10.5.2016.