Reference for a preliminary ruling – Unabhängiger Verwaltungssenat des Landes Oberösterreich – Interpretation of Article 56 TFEU and Articles 15 to 17, 47 and 50 of the Charter of Fundamental Rights of the European Union – Games of chance – Member State's rules prohibiting, with criminal penalties, the operation of gaming machines with small winnings (“kleines Glücksspiel”) without a concession issued by the competent authority – Principle of proportionality

Community trade mark – Action for annulment brought by the proprietor of the national word mark ‘AGIPA’ and the national figurative mark containing the word elements ‘aagipa’, for goods classed in Class 16, against decision R 556/2010-2, of the Second Board of Appeal of the Office for Harmonisation in the Internal Market, of 14 January 2011, partially rejecting the appeal brought by the applicant against the decision of the Opposition Division that partially rejects the opposition brought against the application for registration of the word mark ‘AGIPA’, for goods classed in Class 16.

Annulment of decision C (2008) 3043 of the Commissions of 25 June 2008 concerning proceedings pursuant to Article 81 EC and Article 53 of the EAA Agreement (Case COMP/39.180 – Aluminium fluoride) concerning a cartel on the worldwide aluminium fluoride market relating to the fixing of prices and sharing of markets worldwide or, in the alternative, for reduction of the fine imposed on the applicants

Annulment of Commission Decision C(2008) 3043 of 25 June 2008 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.180) – Aluminium fluoride), concerning an agreement in the world market for aluminium fluoride on fixing prices and dividing markets at global level, and, in the alternative, reduction of the fine imposed on the applicant

Annulment of the Commission’s decision contained in a letter of 14 October 2009 not to reimburse the amount corresponding to the financial contribution by the Community to expenditure incurred by Portugal for an action approved by Commission Decision 2002/978/EC of 10 December 2002 (OJ 2002 L 338, p. 33), consisting of the acquisition of two vessels used for surveillance of fishing activities

Community trade mark – Action brought by the proprietor of the national word mark ‘AGIPA’ and the national figurative mark containing the word elements ‘a-agipa’, for goods in Class 16, against Decision R 1454/2010-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 13 July 2011, annulling in part the Opposition Division’s decision refusing registration of the word mark ‘APLI-AGIPA’ for goods in Class 16 in the context of the opposition brought by the applicant.

Reference for a preliminary ruling – Rechtbank te Rotterdam – Netherlands – Interpretation of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ 1993 L 30, p. 1) and Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1) – Concept of ‘waste’ – Shipment of Ultra Light Sulphur Diesel (ULSD) by vessel from the Netherlands to Belgium – ULSD mixed accidentally, when the vessel was being loaded, with Methyl Tertiary Butyl Ether (MTBE) – Product no longer corresponding to the specifications agreed upon by the buyer and the vendor – Buyer who became aware of that fact at the time of delivery in Belgium – Diesel taken back by the vendor and shipped to the Netherlands – Purchase price refunded to the buyer – Vendor having the intention of placing the diesel back on the market, whether or not after mixing it with another product – Inclusion or noninclusion in the concept of waste
Advocate General : Jääskinen

Reference for a preliminary ruling – Székesfehérvári Törvényszék – Interpretation of Articles 18 TFEU, 26 TFEU, 49 TFEU, 54 TFEU, 55 TFEU, 56 TFEU, 63 TFEU, 65 TFEU and 110 TFEU – National tax legislation creating a special tax on the store retail trade sector – Progressive tax calculated on the basis of net turnover – Threshold tax rate resulting in greater impact on retail food trade undertakings owned by foreigners than on those owned by nationals

Reference for a preliminary ruling – Oberster Gerichtshof (Vienna, Austria) – Interpretation of the provisions of European Union law relating to cartels, and, in particular, of Article 101 TFEU – Fine imposed on transport undertakings participating in a pricing cartel – Error of law on the part of those undertakings with regard to the lawfulness of the cartel
Advocate General : Kokott

Action seeking damages for the harm, allegedly suffered by the applicant as a result of the Commission's failure to adopt a position on the notification, sent by Germany on 23 December 1997, concerning the measures adopted in order to prevent the placing on the market of the ‘Inhaler Bronco Air’ medical device, under Article 8 of Council Directive No 93/42/EEC of 14 June 1993 concerning medical devices.

Appeal against the judgment of the Civil Service Tribunal (First Chamber) of 28 June 2011 in Case F-55/10 AS v Commission, which, first, annulled the Commission decision rejecting the application of the person concerned for a post as a library assistant and, second, ordered the Commission to pay damages to the person concerned

Appeal against the judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-121/10 Heath v ECB, by which if dismissed an action seeking, first, annulment of the applicant’s pension slips and, second, damages.

Community trade mark – Action for annulment by the proprietor of the Community figurative trade mark in black and white containing the word element ‘K9’ for products in Class 25 against Decision R 1961/2011-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 21 May 2012, annulling the decision of the Cancellation Division declaring partial invalidity of the Community figurative trade mark in black and white containing the word elements ‘K9 PRODUCTS’ for goods classed, inter alia, in Classes 18 and 25, in the context of the application for a declaration of invalidity submitted by the applicant.

Appeal against the judgment of the General Court (Sixth Chamber) of 28 February 2012, Land Burgenland and Austria v Commission (Joined Cases T-268/08 and T281/08), by which that Court dismissed the action for annulment of Commission Decision 2008/719/EC of 30 April 2008 on the State aid granted by Austria as part of the privatisation of the Bank Burgenland (OJ 2008 L 239, p. 32) – Breach of European Union law and, in particular, Article 107(1) TFEU – Incorrect assessment of the performance bond (‘Ausfallshaftung’) of the Land Burgenland in favour of Bank Burgenland

Request for a preliminary ruling – Tribunale Amministrativo Regionale del Lazio – Interpretation of Articles 26, 49, 90 TFEU, Article 3 TEU, in conjunction with Article 4(3) TEU and Articles 3, 4, 5 and 6 TFEU, Articles 101 and 102 TFEU, and Council Regulation (EEC) No 2454/92 of 23 July 1992 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ 1992 L 251, p. 1) and of Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ 1998 L 4, p. 10) – Car and driver hire – National legislation making the provision of that service subject to possession of a Commune-issued licence and requiring anyone holding such a license to be based within the territory of the Commune issuing that licence and to begin and end the hire in that territory

Reference for a preliminary ruling – Centrale Raad van Beroep – Interpretation of Articles 4 and 28(2)(b) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416) – Sickness insurance – Benefits for pensioners resident in a Member State other than that of the competent institution – Benefits to be paid by the institution of the Member State in which the person concerned has been covered for the longest period – Concept of ‘legislation [to which] the pensioner has been subject for the longest period of time’
Advocate General : Wahl

Reference for a preliminary ruling – Tribunale Amministrativo Regionale per il Lazio – Interpretation of Articles 26 TFEU, 49 TFEU, 90 TFEU, of Article 3 TEU in conjunction with Article 4(3) TEU, and of Articles 3 TFEU, 4 TFEU, 5 TFEU, 6 TFEU, 101 TFEU and 102 TFEU – Car- and driver-hire service – National legislation making the provision of that service subject to an authorisation issued by the municipalities and requiring the holders of such authorisations to have the normal stationing rank of their vehicles within the territory of the municipality which issued the authorisation and to have a registered office within that territory and to begin and end their service within that territory

The annulment of the Commission Decision of 9 October 2012 refusing to grant the applicant access to a document drawn up in connection with the concentration between Deutsche Börse and NYSE Euronext (Case COMP/M.6166 – NYSE Euronext/Deutsche Börse).

Civil Service – Application for annulment of the decision of the Committee of the Regions rejecting the applicant’s request, under Article 90(1) of the Staff Regulations, seeking compensation for material and non-material damage allegedly suffered in the context of an administrative and disciplinary procedure

Civil Service – Application to annul the decision to dismiss the applicant and for compensation for damage claimed to be suffered because of that dismissal and alleged harassment

Civil Service – Application to annul the decision to dismiss the applicant and the claim for compensation for damage claimed to be suffered because of that dismissal and alleged harassment.

Civil Service Tribunal – Application for annulment of the decision to re-assign the applicant to a non-managerial post in the interest of the service as a result of an unfavourable evaluation report and application to pay the applicant an amount by way of compensation for the damage allegedly suffered

Civil service - Application for annulment of the applicant’s 2011 appraisal report and of the decision imposing objectives to be attained, and application for damages.

Appeal against the order of the General Court (Third Chamber) of 26 March 2012 in Case T-508/09 Cañas v Commission, by which that Court dismissed the application for annulment of Commission Decision C(2009) 7809 of 12 October 2009 in Case COMP/39471 rejecting, for lack of Community interest, a complaint concerning an infringement of Articles 81 EC and 82 EC allegedly committed by the World AntiDoping Agency, ATP Tour Inc. and the International Council of Arbitration for Sport (ICAS) – Competition – Anti-doping rules – Errors of law in the interpretation of the concept of locus standi – Loss of locus standi in the course of the proceedings
Advocate General : Mengozzi

Reference for a preliminary ruling – Augstākās tiesas Senāts – Interpretation of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40) and of Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (OJ 1996 L 145, p. 4) – Dismissal of a female employee on parental leave on her return to her previous post – Measures taken with a view to optimising the number of civil servants due to national economic difficulties – Assessment of the merits of a female employee on parental leave, which takes into account her latest annual performance appraisal before that leave, compared to the assessment of other civil servants who have continued in active employment
Advocate General : Bot

Reference for a preliminary ruling – Tribunal administratif (Luxembourg) – Interpretation of Article 7(2) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ 1968 L 257, p. 2) – Whether national legislation making the grant of financial aid for higher education dependent on a condition of residence which applies both to home students and to students from another Member State is permissible – Social advantage within the meaning of the regulation cited above – Difference in treatment between the children of national workers and the children of migrant workers – Reasons
Advocate General : Mengozzi

Reference for a preliminary ruling – Bundesverwaltungsgericht Leipzig – Interpretation of Article 6 of Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and justice Council Directives 85/337/EEC and 96/61/EC (OJ 2003 L 156, p. 17) and Article 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Directive 2003/35/EC – Construction of flood retention basins – Right to bring an action against the authorisation decision – Temporal application – Situation in which the authorisation procedure has been initiated before the date on which the period for transposition of Directive 2003/35/EC expired and the decision was adopted after that date
Advocate General : Cruz Villalón

Reference for a preliminary ruling – Tribunal Judicial de Braga – Interpretation of Article 49 TFEU – Restrictions on freedom of establishment – National rules excluding the joint and several liability of parent companies vis-à-vis the creditors of their subsidiary companies for those parent companies having their seat in another Member State
Advocate General : Wathelet

Reference for a preliminary ruling – Verwaltungsgerichtshof – Interpretation of Article 4 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) – Meaning of economic activity – Photovoltaic installation for electricity production near a private dwelling without a power storage unit – Sale of the energy produced to a company which resupplies that dwelling with the energy which it requires – Energy production, in the long term, less than consumption
Advocate General : Sharpston

Reference for a preliminary ruling – Administrativen sad Plovdiv – Interpretation of Articles 242 and 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) – Administrative penalty imposed on the ground of late declaration of the cancellation of an invoice even though the cancellation was subsequently entered in the accounts and the person concerned paid the tax resulting from the cancelled invoice not entered in the accounts payable ledger and in the tax declaration for the tax period in question – Fine equivalent to the total amount of tax not paid in time – Principle of fiscal neutrality
Advocate General : Wathelet

Request for a preliminary ruling – Consiglio di Stato – Interpretation of Articles 9 and 10 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 59, p. 63) – Sites of Community importance (SCI) – Review of SCI status in the event of pollution or degradation of the environment – No provision under national legislation for the persons concerned to request such a review – Discretion conferred on the competent authorities as regards initiation of the procedure for review of SCI status – No regular appraisal of the conditions for initiating a review of SCI status – No obligation to inform the persons concerned of such a procedure
Advocate General : Kokott

Reference for a preliminary ruling – Tribunal Central Administrativo do Norte – Interpretation of Arts. 4 and 10 of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23) – Limitation of the liability of guarantee institutions – National legislation limiting the obligation to pay claims to those falling due during the six-month period preceding the initiation of proceedings for a declaration of the employer’s insolvency – Application of that limitation in cases in which proceedings have been brought before the labour courts to determine the value of claims that have not been paid during the six months following the date on which they fell due.
Advocate General : Bot

Reference for a preliminary ruling – Oberster Gerichtshof – Interpretation of Articles 3(2), 5(1) and (2)(b), and 8(3) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, p. 10) – Internet site allowing illegal downloading of films – Right of the copyright holder in one of those films to require an Internet access supplier to block its customers' access to that site – Feasibility and proportionality of the blocking measures

Reference for a preliminary ruling – Naczelny Sąd Administracyjny – Interpretation of point (i) of Article 132(1), Article 133, Article 134 and Article 168 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) – National legislation providing, contrary to the directive, for exemption from VAT for educational services provided for commercial purposes by bodies governed by private law – Refusal to allow a body which has received such an exemption to deduct input VAT
Advocate General : Kokott

Reference for a preliminary ruling – Bayerischer Verwaltungsgerichtshof – Validity of point 6.4 of Annex III to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ 2006 L 403, p. 18), as amended by Commission Directive 2009/113/EC of 25 August 2009 (OJ 2009 L 223, p. 31) – Interpretation of Articles 20, 21 and 26 of the Charter of Fundamental Rights of the European Union – Minimum standards concerning physical and mental fitness to drive a motor vehicle of categories C, CE, C1, C1E, D, DE, D1 and D1E – Requirement for visual acuity of at least 0.1, with optical correction if necessary, in the worse of the two eyes

Reference for a preliminary ruling – Symboulio tis Epikrateias – Interpretation of the second subparagraph of Article 2(3) of Directive 2002/92/EC of the European Parliament and the Council of 9 December 2002 on insurance mediation – Meaning of ‘insurance mediation’ – Exclusion of activities pursued by an insurance undertaking or an employee of an insurance undertaking acting under its responsibility – Scope

Reference for a preliminary ruling – Vestre Landsret – Interpretation of Commission Regulation (EC) No 1719/2005 of 27 October 2005 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2005 L 286, p. 1) and of Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (OJ 2001 L 178, p. 63) – Tariff classification for the purposes of granting the production refund on certain sugar products used in the chemical industry – Sugar-based product manufactured by fermentation with the aid of Corynebacterium glutamicum bacteria and consisting of 65% lysine sulphate and impurities resulting from the manufacturing process – Classification under headings 2309, 2922 or 3824 of the Combined Nomenclature – Community aid unduly paid
Advocate General : Kokott

Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, the measures necessary to comply with Article 16(2)(b) of Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1) – Employee participation
Advocate General : Bot

Reference for a preliminary ruling – Upper Tribunal - Interpretation of Article 9(2)(e) and Article 13B(d)of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) – Exemption of supplies of loan broking services – Loan broking activity directed to the United Kingdom of a company established in Jersey relying on the services of a person established in the United Kingdom – Attribution of the activity to the company established in Jersey or to the person established in the United Kingdom
Advocate General : Mengozzi

Reference for a preliminary ruling – Upper Tribunal (Immigration and Asylum Chamber) London – Interpretation of Article 28(3)(a) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004, on the right of EU citizens and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 34/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p.77) – Expulsion decision on serious grounds of public security against a European citizen who had resided for the previous ten years in the host Member State and had been sentenced to a term of imprisonment – Notion of living for a period of ten years on the territory of the host Member State – Possibility of taking into account a period of imprisonment – Calculation of length of stay is required at the beginning of stay or retroactively from the expulsion decision – Impact, in the latter case, of previous period of imprisonment

Reference for a preliminary ruling – Finanzgericht Düsseldorf – Interpretation of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1031/2008 of 19 September 2008 (OJ 2008 L 291, p. 1) – Interpretation of headings 7307 and 7321 – Classification of stove pipe sets

Reference for a preliminary ruling – Audiencia Nacional (Spain) – Interpretation of Arts 2(b) and (d), 4(1)(a) and (c), 12(b) and 14(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31) and Art. 8 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1) – Concept of establishment on the territory of a Member State – Relevant criteria – Concept of ‘use of equipment … situated on the territory of a Member State’ – Temporary storage of information indexed by internet search engines – Right to erasure and blocking of data
Advocate General : Jääskinen

Failure of a Member State to fulfil obligations – Non-implementation of the judgment of the Court of Justice of 14 January 2010 in Case C-343/08 Commission v Czech Republic – Failure to adopt, within the period prescribed,all the provisions necessary to comply with Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ 2003 L 235, p. 10) – Imposition of a lump sum payment and a penalty payment
Advocate General : Jääskinen

Reference for a preliminary ruling – Raad van State (Netherlands) – Interpretation of Articles 20 TFEU, 21 TFEU, 45 TFEU and 56 TFEU and of Articles 3(1), 6 and 7(1) and (2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77) – Right of entry and residence of third-country nationals who are members of the family of a Union citizen – Return of the Union citizen to his Member State of origin after a period of residence spent in another Member State in the capacity of a citizen of the Union within the terms of Article 21 TFEU and as a recipient of services within the terms of Article 56 TFEU – Application of the directive by analogy, as in Case C370/90 Surinder Singh and in Case C291/05 Eind

Reference for a preliminary ruling – Raad van State (Netherlands) – Interpretation of Articles 20 TFEU, 21 TFEU, 45 TFEU and 56 TFEU and of Articles 3(1), 6 and 7(1) and (2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77) – Persons benefiting from the right of free movement and freedom to reside in the territory of the Member States – Third-country national, member of the family of a Union citizen who lives in the Member State of which he is a national but who works in another Member State for an employer established in that other Member State – Third-country national, member of the family of a Union citizen who lives and works in his Member State of origin but who frequently travels, for purposes of his work, to another Member State

Community trade mark – Action for annulment brought by the proprietor of Community word mark ‘ALDI’ for goods and services in Classes 3, 4, 7, 9, 16, 24, 25, 29, 30, 31, 32, 33, 34 and 36, against Decision R 1097/2010-2 of the Second Board of Appeal of OHIM of 5 July 2011, dismissing the appeal against the decision of the Opposition Division to reject the opposition filed by the applicant against the application for registration of the figurative mark including the word element ‘dialdi’ for goods in Classes 29 and 30.

Appeal brought against the judgment of the Civil Service Tribunal (Second Chamber) of 26 May 2011 delivered in Case F-83/09 Kalmár v Europol, which, first, annulled the decision of the Director of Europol of 4 February 2009 terminating the fixed-term contract of the party concerned and, second, ordered Europol to pay damages to the applicant.

Reference for a preliminary ruling – Supreme Court of the United Kingdom – Interpretation of Articles 49 TFEU and 63 TFEU – National taxes contrary to European Union law – Recovery of sums unduly paid – Coexistence, under national law, of two alternative causes of action open to taxpayers for the purpose of seeking repayment of sums due, one of which provides for a longer period within which an action may be brought than the other – National legislation which reduces, retroactively and without prior notice, the longer of the two limitation periods – Whether compatible with the principles of effectiveness, legal certainty and legitimate expectations

Reference for a preliminary ruling – Krajský soud v Plzni – Interpretation of Articles 3 and 5 of Directive 2001/29/EC of the of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10), Articles 56, 101 and 102 TFEU, and Articles 14 and 16 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36) – Exceptions to and limitations of the rights of reproduction and communication – Works transmitted by means of television and radio equipment in rooms of patients of a spa establishment – Direct effect of the provisions of the directive – National legislation conferring on the applicant the exclusive right of collective management of copyright on national territory

The text is not available in English

Civil service – Application for annulment of the Commission’s decision not to pay contributions in respect of the applicant to a national pension scheme or to the European Union pension scheme after the end of his contract as a temporary agent during the period in which he was unemployed, and application for him to be included in the European Union pension scheme or for his pension rights to be transferred to the national scheme.

Staff case – Application for annulment of the decision of the ECB to terminate the applicant’s contract during the probationary period by reason of a disciplinary offence punished by a reprimand

Civil service – Action for annulment of the decision of the Deputy Director General of the Directorate General Human Resources, Budget and Organisation imposing a reprimand on the applicant.

Reference for a preliminary ruling – Tribunal Superior de Justicia de Cataluña – Interpretation of Article 3(2) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (OJ 1992 L 76, p. 1) – Fuel oil – Special levy on retail sales of certain types of fuel – Indirect levy other than excise duty pursuing a specific purpose – Levy pursing an aim capable of being achieved by another harmonised levy – Levy established simultaneously with the transfer of certain competencies to the Autonomous Communities and seeking, in part, to off-set the expenses incurred in the Autonomous Communities in relation to the new competencies transferred to them – Purely budgetary purposes

Civil service – Application for annulment of the decision withdrawing the award of expatriation allowance to the applicant and seeking retroactively to recover that allowance.

Staff case – Application for the annulment of the jury’s decision not to add the applicant’s name to the reserve list in open competition EPSO/AD/177/10

The text is not available in English
Advocate General : Bot

Reference for a preliminary ruling – Qorti Kostituzzjonali – Interpretation of Articles 12 and 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (OJ 2002 L 108, p. 21) – National legislation subjecting mobile telephone operators to a charge – Charge to be paid solely by mobile telephone operators and not by other undertakings offering electronic communications services
Advocate General : Jääskinen

Reference for a preliminary ruling – Administrativen sad Sofia-grad – Interpretation of the principles of effectiveness and effective judicial protection enshrined in Article 47 of the Charter of Fundamental Rights of the European Union and the principle of equivalence – Aid scheme of the common agricultural policy – National procedural rules providing that jurisdiction over administrative disputes concerning the implementation of the common agricultural policy depends solely on the seat of the administrative authority which adopted the contested administrative act, but that similar disputes of a domestic nature fall within the jurisdiction of the court where the agricultural land in question is situated.
Advocate General : Bot

Action for annulment – Council decision 2011/853/EU of 29 November 2011 on the signing, on behalf of the Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access (OJ 2011 L 336, p. 1) – Choice of legal basis – Replacement of the legal basis proposed in the field of common commercial policy by another, a basis linked to the establishment and functioning of the internal market – Objective of promotion of services based on conditional access between the European Union and other European countries – Infringement of the European Union’s external competence
Advocate General : Kokott

Reference for a preliminary ruling – Naczelny Sąd Administracyjny (Poland) – Interpretation of Articles 44 and 47 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), as amended – Determination of the relevant place for tax purposes – Concept of the supply of services connected with immovable property – Complex cross-border service involving the storage of goods provided to contractual customers established in other Member States or in non-member countries and comprising the admission of goods to warehouses situated in Poland, their shelving, storage, loading and unloading, repackaging and return to the customer
Advocate General : Kokott

Reference for a preliminary ruling – Krajský soud v Praze – Interpretation of Article 4(3) of the EU Treaty and Article 11(2) of Annex VIII to Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ, English Special Edition 1968(I), p. 30), as amended by Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (OJ 2004 L 124, p. 1) – Transfer of pension rights acquired before the official enters the service of the European Union – Concept of ‘capital value of pension rights’ – National legislation laying down a method of calculation of the pension rights offered for transfer resulting in a value much lower than the sum of the contributions paid to the national pension scheme
Advocate General : Cruz Villalón

Reference for a preliminary ruling – Administrativen sad Sofia-grad – Interpretation of Commission Regulation (EC) No 1031/2008 of 19 September 2008, amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2008 L 291, p. 1) and Council Regulation No (EEC) No 2913/92 of 12 October 1992, establishing the Community Customs Code (OJ 1992 L 302, p. 1) as well as Articles 41(2)(a) and 47 of the Charter of Fundamental Rights of the European Union – Tariff classification of goods – Classification of goods (materials for the manufacture of awnings) under heading 5407 61 30 on account of its characteristics as ‘woven fabric’ or under heading 6303 92 10 on account of their sole intended purpose as ‘interior blinds’ – Enforcement order of a Member State requiring payment of a customs duty supplement and VAT after the findings in an expert's report of the customs laboratory – Protection of legitimate expectation in light of the circumstances of the filing of the customs declaration
Advocate General : Mengozzi

Reference for a preliminary ruling – Oberlandesgericht Koblenz – Interpretation of Article 107(1) and Article 108(3) TFEU and Article 2(b)(i) of Commission Directive 2006/111/ EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ 2006 L 318, p. 17) – State aid – Advantages granted by a public undertaking operating an airport to a low-cost airline – Commission decision to formally investigate that aid – Possible obligation on the courts of the Member States to comply with the Commission’s assessment as to the selective nature of that aid
Advocate General : Mengozzi

Reference for a preliminary ruling – Højesteret – Interpretation of Article 4(4)(g) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 5) – Refusal of registration or invalidity of a trade mark – Concept of bad faith – Applicant who knew or should have known of a foreign trade mark when filing the application for registration – Cancellation of the registration of a plastic milk bottle as a trade mark on the ground that the applicant knew at the time of filing his application of the earlier similar mark used abroad by a competing company
Advocate General : Wathelet

Reference for a preliminary ruling – Upper Tribunal (Immigration and Asylum Chamber) London – Interpretation of Article 16 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77) – Right of permanent residence – Concept of legal residence for a period of five years in the host Member State – Possibility of a period of imprisonment being taken into account

Reference for a preliminary ruling – Bundesgerichtshof – Interpretation of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10) – Right to reproduce – Notion of 'reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects' within the meaning of Article 5(2)(a) of that directive – Possible inclusion of reproductions effected by means of printers and plotters
Advocate General : Sharpston

Failure of a Member State to fulfil obligations Infringement of Article 12 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (OJ 2002 L 108, p. 21) – Charges applicable to undertakings holding general authorisations Compatibility of national legislation introducing an additional charge on operators of electronic communications
Advocate General : Jääskinen

Reference for a preliminary ruling – Giudice di Pace di Mercato San Severino – Interpretation of Articles 6(1) and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and of Article 47 of the Charter of Fundamental Rights of the European Union, and of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ 2008 L 136, p. 3) – National legislation imposing a compulsory amicable settlement procedure to be followed before judicial proceedings are brought, which is likely to affect the initiation, the duration and the outcome of the proceedings
Advocate General : Kokott

Reference for a preliminary ruling – Hoge Raad der Nederlanden – Interpretation of Article 50 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) – Goods in temporary storage having been declared for placing under the external Community customs transit procedure – Point in time at which a customs-approved treatment or use is assigned
Advocate General : Jääskinen

Failure of a Member State to fulfil obligations – Incorrect and/or incomplete transposition of Articles 2(2), 3(1) and 5(1) and (2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ 1994 L 164, p. 3) – Non-discriminatory access to those activities and to the exercise thereof
Advocate General : Cruz Villalón

Reference for a preliminary ruling – Simvoulio tis Epikratias – Interpretation of Article 49 TFEU, of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16) and of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) – Refusal to grant authorisation giving access to the regulated profession of physiotherapist in a host Member State to one of that State’s nationals who does not have a diploma to that effect, within the meaning of Article 1(a) of Directive 92/51/EEC, but does have qualifications for engaging in a similar profession that is recognised in another Member State – Possibility of partial access, limited to certain activities covered by the profession
Advocate General : Mengozzi

Community trade mark – Action brought by the applicant for a figurative mark made up of the letter 'R' for goods and services in Classes 25, 35 and 41 for annulment of Decision R 1815/2010-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 December 2011 rejecting the action brought against the decision of the Opposition Division which rejected, in part, registration of that mark in the context of opposition proceedings brought by the proprietor of a national figurative mark made up of the letter 'R' for goods and services in Classes 6, 9, 16, 25 and 35

Community trade mark – Annulment of Decision R 2310/2010-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 15 February 2011 dismissing the appeal against the decision of the ‘Trade Mark & Registry’ Department to refuse registration of the word mark “PURE POWER” for goods in Class 12.

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Annulment of Commission Regulation (EU) No 494/2011 of 20 May 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Cadmium) (OJ 2011 L 134, p. 2), in so far as it established restrictions on the use of cadmium in certain plastic materials.

Partial annulment of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282Mistake in the Spanish original which states L 292 http://eur-lex.europa.eu/JOHtml.do?uri=OJ%3AL%3A2012%3A282%3ASOM%3AES%3AHTML , p.58), and Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p.16), inasmuch as the name of the applicant has been included on the list of persons and entities to which those restrictive measures apply.

Community designs – Action for annulment brought by the proprietor of Community design No 352315-0007 (instruments for writing) against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 August 2011 in Case R 1838/2010-3 dismissing, for the second time, the appeal against the Cancellation Division’s decision upholding the application for a declaration of invalidity submitted by the proprietor of the national and international figurative and three-dimensional marks representing an instrument for writing in respect of goods in Class 16 following the annulment of the original decision by the judgment of the General Court of 12 May 2010 in Case T-148/08 Beifa Group v OHIM – Schwan-Stabilo Schwanhäußer

Appeal brought against the judgment of the General Court (Second Chamber) of 27 June 2012 in Case T-372/10 Bolloré v Commission, by which the General Court dismissed an action for annulment or amendment of Commission Decision of 17 October 2001 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2187 – CVC v Lenzing) – Decision taken following annulment of a first decision – Attribution of liability for the infringement to the parent company as direct perpetrator – Fine – Lawfulness of infringements and penalties – Equal treatment – Reasonable period of time – Rights of the defence