Community trade mark – Action for annulment by the applicant for the word mark ‘EUROCOOL’ for services in Classes 39 and 42, against Decision R 451/2010-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 October 2010, dismissing the appeal against the decision of the Opposition Division which rejected the registration of that mark in opposition proceedings brought by the proprietor of the national figurative mark containing the word elements ‘EUROCOOL LOGISTICS’ for services in Classes 35 and 39 and of the company name ‘EUROCOOL LOGISTICS’ used in trade in Germany.

Appeal against the order of the General Court (Second Chamber) of 28 February 2012 in Case T127/09 Abdulbasit Abdulrahim v Council of the European Union and European Commission, by which the General Court held that there was no need to adjudicate on an action seeking partial annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2008 L 345, p. 60) – Removal of the person concerned from the list of persons and entities concerned
Advocate General : Bot

Action for annulment – Act of the President of the European Parliament of 14 December 2010 establishing the annual budget of the European Union for the financial year 2011 – Choice of legal basis – Failure of that non-typical and non-legislative act to comply with the new budget procedure introduced by the TFEU – Failure to respect the institutional balance – Breach of the principle of the conferment of powers and the duty of sincere cooperation – Breach of essential procedural requirements – Temporary maintenance of the effects of the budget
Advocate General : Bot

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The text is not available in English

FILENAME \* MERGEFORMAT TRA-OBJ-EN-REQ_COMM-T-0187-2011-201103043-05_00.doc DATE \@ "dd/MM/yyyy" 04/05/2011 Annulment of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40), in so far as the names of some of the applicants have been placed on the list of persons and entities to which the freezing of funds and economic resources applies, and an application for damages.

FILENAME \* MERGEFORMAT TRA-OBJ-EN-REQ_COMM-T-0188-2011-201102902-05_00.doc DATE \@ "dd/MM/yyyy" 26/05/2011 Annulment of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), of Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62) and of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40), to the extent that the applicant’s name was included in the list of persons and entities to whom the freezing of funds and economic resources applies.

Annulment of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1) and of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40) in so far as the applicant’s name was entered on the list of persons and entities subject to the freezing of funds and economic resources

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Annulment in part of Commission Decision C (2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.396 Calcium carbide and magnesium based reagents for the steel and gas industries) concerning a cartel in the markets for calcium carbide powder, calcium carbide granulate and magnesium granulate in a substantial part of the EEA involving price fixing, market sharing and exchange of information, and, in the alternative, reduction of the fine imposed on the applicant

Reference for a preliminary ruling – Oberster Gerichtshof – Interpretation of Article 7(1)(b) 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), as amended – Right of a citizen of the European Union who has ceased his professional activity to reside for more than three months in the territory of another Member State – Situation in which that citizen receives a retirement pension which is below the minimum subsistence level of the host Member State and has, for that reason, requested that he be granted a compensatory supplement (‘Ausgleichszulage’), which is a special non-contributory cash benefit
Advocate General : Wahl

Reference for a preliminary ruling – Oberster Patent- und Markensenat – Interpretation of Article 12(2)(a) 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. 25) – Grounds for revocation – Registered word mark that has become the common name of the product concerned for consumers on account of the absence of information given by intermediaries as to the existence of the mark – No alternative names to describe the product – Inactivity of the proprietor of the mark

Appeal brought against the order of the General Court (Seventh Chamber) of 16 December 2011 in Case T203/10 Stichting Woonpunt and Others v Commission by which the General Court dismissed as inadmissible an application for annulment of Commission Decision C(2009) 9963 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 – Netherlands – Existing and special project aid to housing corporations
Advocate General : Wathelet

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Appeal brought against the order of the General Court (Seventh Chamber) of 16 December 2011 in Case T202/10 Stichting Woonlinie and Others v Commission by which the General Court dismissed as inadmissible an application for annulment in part of Commission Decision C(2009) 9963 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 – Netherlands – Existing and special project aid to housing corporations
Advocate General : Wathelet

Failure of a Member State to fulfil its obligations – Incomplete implementation of the judgment of the Court of 23 October 2007 in Case C112/05 Commission v Germany concerning the infringement of Article 56(1) EC – National law requiring, exceptionally, a majority of more than 80% for certain decisions to be taken by shareholders of Volkswagen AG, thereby permitting the Land of Lower Saxony, which holds 20% of those shares, to block those decisions – Calculation of sanctions: accumulation of a penalty payment and a lump sum payment
Advocate General : Wahl

Reference for a preliminary ruling – Verwaltungsgericht Stuttgart – Validity of Articles 3(1), 4(2), 5(1) and 9(3), first subparagraph, of Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ 2004 L 5, p. 8), as amended by Council Regulation (EC) No 1560/2007 of 17 December 2007 (OJ 2007 L 340, p. 25), from the point of view of the Charter of Fundamental Rights of the European Union, in particular Articles 15(1) and 16 – Proportionality of the system of individual identification of ovine and caprine animals
Advocate General : Wahl

Reference for a preliminary ruling – Conseil d'État (Belgium) – Interpretation of Article 15(c) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. (OJ 2004 L 304, p. 12) – Refusal to grant refugee status and subsidiary protection – Person eligible for subsidiary protection – Concept of ‘internal armed conflict’ – Specific independent interpretation or permissibility of an interpretation consistent with that under international humanitarian law – Criteria for assessment

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Community trade mark – Action for annulment brought by the proprietor of the word mark ‘OXYGESIC’ for goods in Class 5 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 23 May 2012 in Case R 1788/2010-4 annulling the Opposition Division’s decision, which refused registration of the word mark ‘Maxigesic’, in respect of goods in Class 5, in the opposition proceedings brought by the applicant

Annulment of Commission Decision C (2010) 4147 of 30 June 2010, reducing the financial assistance initially granted from the Cohesion Fund to three groups of projects in the environmental sector in Spain (projects Nos 2000.ES.16.C.PE.133, 2000.16.C.PE.066 and 2002.ES.16.C.PE.061).

Staff cases - First, annulment of the applicants' payslips for June 2009 and all earlier or later payslips in so far as those payslips constitute implementation of the reform of the pension scheme decided on 4 May 2009. Second, compensation for the damage suffered by the applicants.

Appeal against the judgment of the General Court (Third Chamber) of 9 September 2011 in Case T-29/08 LPN v Commission, by which the Court dismissed the action brought by LPN in so far as it relates to documents and parts of documents to which the Liga para a Protecção da Natureza (LPN) was denied access in Commission Decision SG.E.3/MIB/psi D (2008) 8639 of 24 October 2008.

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-72/06 Groupe Gascogne v Commission, by which that court dismissed (i) the application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) concerning a cartel on the market for plastic industrial bags and (ii) an application to vary that decision
Advocate General : Sharpston

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-79/06 Sachsa Verpackung v Commission, by which that court dismissed (i) the application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) concerning a cartel on the market for plastic industrial bags and (ii) an application to vary that decision
Advocate General : Sharpston

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T54/06 Kendrion v Commission, by which the General Court dismissed an application for annulment of Commission Decision C(2005) 4634 of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 – Industrial bags), in so far as it is addressed to Kendrion, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on Kendrion
Advocate General : Sharpston

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Advocate General : Wathelet

Reference for a preliminary ruling – Cour de cassation – Interpretation of Articles 3, 9 and 32 of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ 2001 L 125, p. 15) – Authorities authorised to adopt reorganisation and winding up measures for credit institutions – Administrative or judicial authorities – Permissibility of measures stemming directly from a law of a Member State of the EEA – Law applicable to proceedings concerning assets of a credit institution situated in a Member State – Effects on the application, in a Member State, of a legislative measure of another Member State, prohibiting or suspending any legal proceedings against a credit institution after the entry into force of a moratorium, in the case of interim protective measures adopted prior to the declaration of the moratorium
Advocate General : Cruz Villalón

Reference for a preliminary ruling – Korkein hallinto-oikeus – Interpretation of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1) and Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67), as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 34) – Vaginal preparation containing live lactobacilli – Right of the competent national authority to classify as a medicinal product within the meaning of Directive 2001/83, on the basis of its pharmacological, immunological or metabolic effects, a preparation marketed in another Member State as a medical device with a CE marking within the meaning of Directive 93/42 – Applicable procedure
Advocate General : Sharpston

Failure of a Member State to fulfil obligations – Infringement of Articles 4(8), 7(2) and 10(1) and (2), and Sections 1.3 and 1.4 of Annex V, of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) – Environmental objectives – Waters used for the abstraction of drinking water – Surface water – Intracommunal river basins
Advocate General : Kokott

Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to execute the judgment of the Court of 4 February 2010 in Case C185/09 Commission v Sweden – Application for a penalty to be imposed
Advocate General : Jääskinen

The text is not available in English
Advocate General : Cruz Villalón

Reference for a preliminary ruling - Tribunal do Trabalho de Viseu - Interpretation of Article 2 and Article 17(1) 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). Concept of personal data – Data registered in a system recording the working time of workers of a company
Advocate General : Kokott

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Reference for a preliminary ruling – Fővárosi Bíróság – Interpretation of Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) – National legislation providing that a national court is limited in its examination of the unfair nature of standard contract terms where the parties do not expressly seek a finding that such a term is unfair – Option for the national court of second instance to find of its own motion that a term of a contract before it is unfair even if that point was not raised at first instance and, under national rules, no account may be taken on appeal of new facts and evidence
Advocate General : Mengozzi

Reference for a preliminary ruling – Gerechtshof te Amsterdam – Interpretation of Article 6 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) – Tenancy agreement between a person who lets residential premises on a commercial basis and a person who rents such premises on a non-commercial basis – Classification of the lessor as a seller of goods or a supplier of services – Rules of public policy
Advocate General : Mengozzi

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, all of the provisions necessary to ensure compliance with Article 6(3) of and Annex II to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ 1991 L 237, p. 25) and with Articles 4(2), 6(1) to (3), 7(3), 8(1) and 14(2) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 29)
Advocate General : Jääskinen

Reference for a preliminary ruling Administrativen sad Sofia-grad Interpretation of Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 50, p. 1) Asylum application previously made in another Member State Obligation on a Member State to take responsibility for examining an asylum application made to it, on the basis of the ‘sovereignty’ clause of Article 3(2) of that regulation, where the legislation and practices of the Member State responsible do not comply with international rules on human rights and Article 18 of the Charter of Fundamental Rights of the European Union Legislation of Member State where application is made not providing either criteria or rules of procedure for the application of the sovereignty clause – Admissible evidence of noncompliance with European Union law on asylum where there is no judgment of the Court of Justice declaring that by reason of those infringements the Member State responsible has failed to fulfil its obligations in relation to asylum
Advocate General : Wahl

The text is not available in English
Advocate General : Wathelet

Reference for a preliminary ruling – Juzgado de Primera Instancia Madrid – Interpretation of Arts 4(1), point (4), and 19(4), (5) and (9) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ 2004 L 145, p. 1) – Interest rate swap arrangements to cover the risk of variations of interest rates on other financial products – Suitability test
Advocate General : Bot

Reference for a preliminary ruling – Hoge Raad der Nederlanden – Interpretation of Article 20 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) – Deduction of input tax – Adjustment of deductions previously made – Supply of a property by a supplier to a real estate company – Supply dealt with by the parties, although not by the applicable legislation, as a taxable transaction
Advocate General : Wathelet

Reference for a preliminary ruling – Hoge Raad der Nederlanden – Interpretation of Articles 5(8) and 6(5) 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) – Taxable transactions – Transfer of a totality of assets and/or of services (or part thereof) – Disposal of 30% of the shares in a company by a shareholder who, until the date of disposal, supplied services subject to VAT to that company
Advocate General : Mengozzi

Reference for a preliminary ruling – Curtea de Apel Oradea – Interpretation of Articles 7 and 22(2)(a) 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) – Refusal of the national authorities to reimburse excise duty charged on products released for consumption in another Member State – Non-compliance by the consignor with its obligation to submit the request for reimbursement to the competent authorities of its Member State before the goods are dispatched – National legislation requiring the production of a series of documents which can be supplied only after the goods have been delivered – Correctness criteria which are more restrictive than the general five-year period applicable for any request for reimbursement – Forfeiture of the trader’s right to obtain reimbursement – Whether compliant with the principles of fiscal neutrality, equivalence and effectiveness
Advocate General : Sharpston

Reference for a preliminary ruling – Conseil d’État – Interpretation of Article 107 TFEU in the light of Case C354/02 Pearle [BV] and Others – Decision by which a national authority extends to all the traders in a sector an agreement introducing the levying of a contribution to an inter-trade organisation recognised by that authority and making the contribution compulsory – Implementation of publicity activities, promotional activities, external relations activities, activities in defence of the sector’s interests – Financing of activities which are contrary to EU law – Concept of ‘aid’
Advocate General : Wathelet

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Community trade mark – Action for annulment brought by the applicant for a figurative mark including the word element ‘SERVICEPOINT’ for goods and services in Classes 16, 20, 35 and 39 against Decision R 62/20092 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 25 February 2010, rejecting the appeal brought against the decision of the Opposition Division to refuse registration of that mark in the opposition brought by the proprietor of Community figurative marks including the word elements ‘Service Point’ and ‘service point’ for goods and services in Classes 8, 9, 16, 20, 35, 38, 39 and 42.

The text is not available in English

Community trade mark – Action for annulment brought by the applicant for the word mark ‘Roca’ for goods in Class 3 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 January 2012 in Case R 1907/2010-4 annulling the Opposition Division’s decision, which partially rejected the opposition brought by the proprietor of the national trade marks ‘Roca’ and of the international trade mark ‘Roca’ in respect of goods in Classes 11, 19, 20 and 21

Community trade mark – Action for annulment, brought by the proprietor of the Community word mark ‘BECK’s’ for goods in Class 32, of the decision R 2258/2010-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 19 January 2012 annulling the decision of the Opposition division partially refusing the application for registration of the figurative mark containing the word elements ‘Be Light’, for goods in Classes 29, 30 and 32, in opposition proceedings brought by the applicant.

Community trade mark - Action for annulment brought by the proprietor of the figurative national trade marks containing the word elements "Moselland Divinum", for goods in class 33, against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 February 2010 in Case R 1204/2009-2, dismissing an appeal from a decision of the Opposition Division rejecting the opposition proceeding brought by the applicant against the application to register the word mark "DIVINUS", for goods and services in classes 30, 33 and 35.

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Community trade mark – Action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 18 May 2011 in Case R 374/2010-4 annulling the Cancellation Division’s decision which granted the applicant’s application for a declaration of invalidity of the Community word mark ‘ultrafilter international’ in respect of goods and services in Classes 7, 11, 37, 41 and 42