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C 285/12 EN Official Journal of the European Union 8.11.

2008

Action Other party to the proceedings: Commission of the European


Communities (represented by: A. Aresu and L. Escobar
Guerrero, acting as Agents)
Reference for a preliminary ruling — Amtsgericht Landau/Isar
— Interpretation of Article 8(2) and (4) of Council Directive
91/439/EEC of 29 July 1991 on driving licences (OJ 1991
L 237, p. 1) — Non-recognition by the Member State of resi-
Re:
dence, on its territory, of a driving licence obtained in another
Member State during the period of a temporary ban on applying
for a new licence in the Member State of residence Appeal brought against the order of the Court of First Instance
(Fourth Chamber) of 12 July 2007, Ayuntamiento de Madrid and
Madrid Calle 30, SA v Commission (T-177/06) dismissing as inad-
missible an action for annulment of the Eurostat news release
No 48/2006 of 24 April 2006 to the extent that it contains a
Operative part of the judgment decision of the Commission (Eurostat) on the classification of
Madrid Calle 30 in the ‘public administration’ sector within the
European System of Accounts (ESA 95)
Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of
29 July 1991 on driving licences, as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council of
29 September 2003, must be interpreted as meaning that they do not
preclude a Member State from refusing to recognise the validity of a Operative part of the order
driving licence issued by another Member State where the holder of
that licence was, on the date the licence was issued, subject to a
1. The appeal is dismissed.
temporary ban on obtaining a new right to drive in the first Member
State. In this respect, the fact that the question of validity arises after
the date that marked the end of the period of the ban is irrelevant. 2. Ayuntamiento de Madrid and Madrid Calle 30, SA are ordered to
pay the costs.

(1) OJ C 183, 4.8.2007


(1) OJ C 283, 24.11.2007.

Order of the Court of 20 June 2008 — Ayuntamiento de


Madrid, Madrid Calle 30, SA v Commission of the Order of the Court (Fifth Chamber) of 27 June 2008 —
European Communities Philip Morris Products SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case C-448/07 P) (1)


(Case C-497/07 P) (1)

(Appeal — Provision of data relating to the excessive deficit


procedure — Regulation (EC) No 3605/93 — European (Appeal — Community trade mark — Article 7(1)(b) of
System of Accounts 1995 (ESA 1995) — Regulation (EC) Regulation (EC) No 40/94 — Three-dimensional mark repre-
No 2223/96 — Classification of the body ‘Madrid Calle 30’ senting the shape of a packet of cigarettes — Refusal to
in the ‘general government sector’ — Eurostat press release — register)
Actionable act)
(2008/C 285/20)
(2008/C 285/19)
Language of the case: French

Language of the case: Spanish

Parties

Parties Applicant: Philip Morris Products SA (represented by: T. Van


Innis, avocat)
Appellant: Ayuntamiento de Madrid, Madrid Calle 30, SA (repre-
sented by: J. Buendía Sierra and R. González-Gallarza Granizo, Defendant: Office for Harmonisation in the Internal Market
abogados) (Trade Marks and Designs) (represented by: A. Rassat, Agent)