# Official Journal C 236/20 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 236 |
| | |
| English edition | Information and Notices | Volume 5820 July 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 236

English edition

Information and Notices

Volume 5820 July 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2015/C 236/01 | Last publications of the Court of Justice of the European Union in the Official Journal of the European Union | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2015/C 236/01

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2015/C 236/02 | Case C-546/12 P: Judgment of the Court (First Chamber) of 21 May 2015 — Ralf Schräder v Community Plant Variety Office (CPVO), Jørn Hansson (Appeal — Community plant variety rights — Community Plant Variety Office (CPVO) — Regulation (EC) No 2100/94 — Articles 20 and 76 — Regulation (EC) No 874/2009 — Article 51 — Application to initiate nullity proceedings in respect of Community plant variety rights — Principle of examination by the CPVO of its own motion — Proceedings before the Board of Appeal of the CPVO — Substantial evidence) | 2 |
| 2015/C 236/03 | Case C-182/13: Judgment of the Court (Fifth Chamber) of 13 May 2015 (request for a preliminary ruling from the Industrial Tribunal (Northern Ireland) — United Kingdom) — Valerie Lyttle and Others v Bluebird UK Bidco 2 Limited (Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a) — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant) | 2 |
| 2015/C 236/04 | Case C-352/13: Judgment of the Court (Fourth Chamber) of 21 May 2015 (request for a preliminary ruling from the Landgericht Dortmund — Germany) — Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV, Solvay SA/NV, Kemira Oyj, FMC Foret SA (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 6(1) — Action, brought against several defendants domiciled in various Member States and which have participated in a cartel found to be contrary to Article 81 EC and Article 53 of the Agreement on the European Economic Area, seeking an order for the defendants to pay damages jointly and severally and for disclosure of information — Jurisdiction of the court seised with regard to the other defendants — Withdrawal of the action in relation to the defendant domiciled in the Member State of the court seised — Jurisdiction in tort, delict or quasi-delict — Article 5(3) — Jurisdiction clauses — Article 23 — Effective enforcement of the prohibition of anti-competitive agreements, decisions and concerted practices) | 3 |
| 2015/C 236/05 | Case C-392/13: Judgment of the Court (Fifth Chamber) of 13 May 2015 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona — Spain) — Andrés Rabal Cañas v Nexea Gestión Documental SA, Fondo de Garantía Salarial (Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant) | 4 |
| 2015/C 236/06 | Case C-399/13 P: Judgment of the Court (Tenth Chamber) of 4 June 2015 — Stichting Corporate Europe Observatory v European Commission, Federal Republic of Germany (Appeals — Regulation (EC) No 1049/2001 — Access to the documents of the European institutions — Documents relating to the trade negotiations between the European Union and the Republic of India — Full access — Refusal) | 5 |
| 2015/C 236/07 | Case C-445/13 P: Judgment of the Court (Sixth Chamber) of 7 May 2015 — Voss of Norway ASA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a cylindrical bottle) | 6 |
| 2015/C 236/08 | Case C-497/13: Judgment of the Court (First Chamber) of 4 June 2015 (request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden — Netherlands) — Froukje Faber v Autobedrijf Hazet Ochten BV (Reference for a preliminary ruling — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Status of the purchaser — Consumer status — Lack of conformity of the goods delivered — Duty to inform the seller — Lack of conformity which became apparent within six months of delivery of the goods — Burden of proof) | 6 |
| 2015/C 236/09 | Case C-516/13: Judgment of the Court (Fourth Chamber) of 13 May 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Dimensione Direct Sales Srl, Michele Labianca v Knoll International SpA (Reference for a preliminary ruling — Copyright — Directive 2001/29/EC — Article 4(1) — Distribution right — Concept of ‘distribution to the public’ — Offer for sale and advertising by a trader of a Member State on its website, by direct mail and in the press in another Member State — Reproductions of protected furniture for sale without the consent of the holder of the exclusive distribution right — Offer or advertising not leading to the purchase of the original or copies of a protected work) | 7 |
| 2015/C 236/10 | Case C-536/13: Judgment of the Court (Grand Chamber) of 13 May 2015 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania)) — ‘Gazprom’ OAO (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Scope — Arbitration — Not included — Recognition and enforcement of foreign arbitral awards — Order issued by an arbitral tribunal having its seat in a Member State — Order that proceedings not be brought or continued before a court of another Member State — Power of the courts of a Member State to refuse to recognise the arbitral award — New York Convention) | 8 |
| 2015/C 236/11 | Case C-543/13: Judgment of the Court (Third Chamber) of 4 June 2015 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale verzekeringsbank v E. Fischer-Lintjens (Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 27 — Annex VI, section R, point 1(a) and (b) — Concept of pensions payable under the legislation of two or more Member States — Benefits in kind — Retroactive award of a pension under the legislation of the Member State of residence — Enjoyment of health care benefits conditional on the taking out of compulsory health care insurance — Certificate of non-insurance under the legislation on compulsory health care insurance of the Member State of residence — No subsequent obligation to pay contributions to that Member State — Retroactive withdrawal of the certificate — No possibility of retroactive affiliation to compulsory health care insurance — Interruption of cover against the risk of sickness by such insurance — Effectiveness of Regulation No 1408/71) | 9 |
| 2015/C 236/12 | Case C-560/13: Judgment of the Court (First Chamber) of 21 May 2015 (request for a preliminary ruling from the Bundesfinanzhof (Germany) — Finanzamt Ulm v Ingeborg Wagner-Raith (Reference for a preliminary ruling — Free movement of capital — Derogation — Movement of capital involving the provision of financial services — National legislation providing for flat-rate taxation of investment income from holdings in foreign investment funds — Black funds) | 10 |
| 2015/C 236/13 | Case C-579/13: Judgment of the Court (Second Chamber) of 4 June 2015 (request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands)) — P, S v Commissie Sociale Zekerheid Breda, College van Burgemeester en Wethouders van de gemeente Amstelveen (Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 5(2) and Article 11(1) — National legislation imposing on third-country nationals with long-term resident status a civic integration obligation, attested by an examination, under pain of a fine) | 10 |
| 2015/C 236/14 | Case C-657/13: Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Verder LabTec GmbH & Co. KG v Finanzamt Hilden (Reference for a preliminary ruling — Taxation — Freedom of establishment — Article 49 TFEU — Restrictions — Staggered recovery of tax on unrealised capital gains — Preservation of allocation of powers of taxation between Member States — Proportionality) | 11 |
| 2015/C 236/15 | Case C-678/13: Judgment of the Court (Seventh Chamber) of 4 June 2015 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — VAT — Directive 2006/112/EC — Annex III — Reduced rate of VAT applicable to medical equipment, aids and other appliances and pharmaceutical products) | 11 |
| 2015/C 236/16 | Case C-682/13 P: Judgment of the Court (Fourth Chamber) of 4 June 2015 — Andechser Molkerei Scheitz GmbH v European Commission (Appeals — Public health — List of food additives approved for use in foods — Steviol glycosides — Conditions of admissibility — Interest in bringing proceedings) | 12 |
| 2015/C 236/17 | Case C-5/14: Judgment of the Court (Third Chamber) of 4 June 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabrück (Reference for a preliminary ruling — Article 267 TFEU — Interlocutory procedure for review of constitutionality — Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned — Discretion enjoyed by a national court to refer questions to the Court of Justice for a preliminary ruling — National legislation levying a duty on the use of nuclear fuel — Directives 2003/96/EC and 2008/118/EC — Article 107 TFEU — Articles 93 EA, 191 EA and 192 EA) | 13 |
| 2015/C 236/18 | Case C-15/14 P: Judgment of the Court (First Chamber) of 4 June 2015 — European Commission v MOL Magyar Olaj- és Gázipari Nyrt. (Appeals — State aid — Agreement between Hungary and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent amendment to the statutory rules increasing the rate of the fees — Increase in fees not applied to MOL — Decision declaring the aid incompatible with the common market — Selective nature) | 14 |
| 2015/C 236/19 | Case C-53/14 P: Judgment of the Court (Sixth Chamber) of 21 May 2015 — JAS Jet Air Service France (SARL) v European Commission (Appeal — Customs union and Common Customs Tariff — Community Customs Code — Article 239 — Community Customs Code Implementing Regulation — Article 905 — Importation of jean trousers from the United States — Import duties — Decision declaring the refund of those duties unjustified — No ‘special situation’) | 14 |
| 2015/C 236/20 | Case C-65/14: Judgment of the Court (Fourth Chamber) of 21 May 2015 (request for a preliminary ruling from the Tribunal du travail de Nivelles (Belgium)) — Charlotte Rosselle v Institut national d’assurance maladie-invalidité (INAMI), Union nationale des mutualités libres (UNM) (Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 11(2) and (4) — Established public servant assigned non-active status for personal reasons in order to work as a salaried employee — Refusal to grant her a maternity allowance on the ground that she has not completed, as a salaried employee, the minimum contribution period required in order to be eligible to receive certain social benefits) | 15 |
| 2015/C 236/21 | Case C-161/14: Judgment of the Court (Second Chamber) of 4 June 2015 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Article 98(2) — Category (10) of Annex III — Reduced rate of VAT applicable to the provision, construction, renovation and alteration of housing, as part of a social policy — Category (10a) of Annex III — Reduced rate of VAT applicable to renovation and repairing of private dwellings, excluding materials which account for a significant part of the value of the service supplied — National legislation applying a reduced rate of VAT to supplies of services of installing ‘energy-saving materials’ and supplies of such materials) | 15 |
| 2015/C 236/22 | Case C-195/14: Judgment of the Court (Ninth Chamber) of 4 June 2015 (request for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v Teekanne GmbH & Co. KG (Reference for a preliminary ruling — Directive 2000/13/EC — Labelling and presentation of foodstuffs — Articles 2(1)(a)(i) and 3(1)(2) — Labelling such as could mislead the purchaser as to the composition of foodstuffs — List of ingredients — Use of the indication ‘raspberry and vanilla adventure’ and of depictions of raspberries and vanilla flowers on the packaging of a fruit tea not containing those ingredients) | 16 |
| 2015/C 236/23 | Case C-262/14: Judgment of the Court (Sixth Chamber) of 21 May 2015 (request for a preliminary ruling from the Tribunalul Neamț — Romania) — Sindicatul Cadrelor Militare Disponibilizate în rezervă și în retragere (SCMD) v Ministerul Finanțelor Publice (Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2, 3(1) and 6 — Prohibition of discrimination based on age — Discrimination on grounds of membership of a socio-professional category or place of work — National legislation prohibiting, subject to certain limits, the combination of a pension with employment income from professional activity in the public sector — Automatic termination of the employment relationship or service relationship) | 17 |
| 2015/C 236/24 | Case C-269/14: Judgment of the Court (Seventh Chamber) of 21 May 2015 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Kansaneläkelaitos (Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 1(4) — Service concession — Definition — Aggregation of contracts between a social security authority and taxi companies providing for an electronic scheme for direct reimbursement of transport costs of insured persons and a system of booking journeys) | 18 |
| 2015/C 236/25 | Case C-285/14: Judgment of the Court (Tenth Chamber) of 4 June 2015 (request for a preliminary ruling from the Cour de cassation (France)) — Directeur général des douanes et droits indirects, Directeur régional des douanes et droits indirects d’Auvergne v Brasserie Bouquet SA (Reference for a preliminary ruling — Taxation — Directive 92/83/EEC — Excise duty — Beer — Article 4 — Small independent breweries — Reduced rate of excise duty — Conditions — No operation under licence — Production in accordance with a process of a third party and authorised by it — Authorisation to use the trade marks of that third party) | 18 |
| 2015/C 236/26 | Case C-322/14: Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Landgericht Krefeld — Germany) — Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH (Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Agreement conferring jurisdiction — Formal requirements — Communication by electronic means which provides a durable record of the agreement — Definition — General terms and conditions of sale which can be consulted and printed from a link which enables them to be displayed in a new window — Click-wrapping) | 19 |
| 2015/C 236/27 | Case C-339/14: Judgment of the Court (Tenth Chamber) of 21 May 2015 (request for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany)) — Criminal proceedings against Andreas Wittmann (Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State) | 19 |
| 2015/C 236/28 | Case C-349/14: Judgment of the Court (First Chamber) of 21 May 2015 (request for a preliminary ruling from the Conseil d’État — France) — Ministre délégué, chargé du budget v Marlène Pazdziej (Reference for a preliminary ruling — Protocol on the Privileges and Immunities of the European Union — Article 12, second paragraph — Tax levied for the benefit of local authorities on persons having the use of or having at their disposal residential premises in their area — Upper limit — Social policy measure — Taking into account salaries, wages and emoluments paid by the European Union to its officials and other servants) | 20 |
| 2015/C 236/29 | Case C-275/14: Order of the Court (Seventh Chamber) of 5 February 2015 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Jednostka Innowacyjno-Wdrożeniowa Petrol S.C. Paczuski Maciej i Puławski Ryszard v Minister Finansów (Reference for a preliminary ruling — Taxation of energy products — Directive 2003/96/EC — Article 2(3) — Direct effect — Motor fuel additives coming under heading 3811 of the CN) | 21 |
| 2015/C 236/30 | Case C-578/14: Order of the Court (First Chamber) of 4 June 2015 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen — Belgium) — Argenta Spaarbank NV v Belgische Staat (Reference for a preliminary ruling — Corporation taxes — Directive 90/435/EEC — Article 1(2) and Article 4(2) — Parent companies and subsidiaries of different Member States — Common system of taxation — Deduction of taxable profits of the parent company — Factual and legislative context of the dispute in the main proceedings — Reasons justifying the need for an answer to the question referred for a preliminary ruling — Insufficient information — Manifest inadmissibility) | 21 |
| 2015/C 236/31 | Case C-150/15: Request for a preliminary ruling from the Sächsisches Oberverwaltungsgericht (Germany) lodged on 30 March 2015 — Der Bundesbeauftragte für Asylangelegenheiten v N | 22 |
| 2015/C 236/32 | Case C-173/15: Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 17 April 2015 — GE Healthcare GmbH v Hauptzollamt Düsseldorf | 23 |
| 2015/C 236/33 | Case C-175/15: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 20 April 2015 — Taser International Inc. v SC Gate 4 Business SRL, Cristian Mircea Anastasiu | 24 |
| 2015/C 236/34 | Case C-184/15: Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain) lodged on 23 April 2015 — Florentina Martínez Andrés v Servicio Vasco de Salud | 25 |
| 2015/C 236/35 | Case C-192/15: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 24 April 2015 — T.D. Rease, P. Wullems; other party: College bescherming persoonsgegevens | 26 |
| 2015/C 236/36 | Case C-197/15: Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain) lodged on 29 April 2015 — Juan Carlos Castrejana López v Ayuntamiento de Vitoria | 26 |
| 2015/C 236/37 | Case C-208/15: Request for a preliminary ruling from the Kúria (Hungary) lodged on 5 May 2015 — Stock ’94 Szolgáltató Zrt. v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága (NAV) | 27 |
| 2015/C 236/38 | Case C-210/15 P: Appeal brought on 6 May 2015 by the Republic of Poland against the judgment of the General Court of 25 February 2015 in Case T-257/13 Republic of Poland v European Commission | 28 |
| 2015/C 236/39 | Case C-215/15: Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria) lodged on 11 May 2015 — Vasilka Ivanova Gogova v Iliya Dimitrov Iliev | 29 |
| 2015/C 236/40 | Case C-237/15: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 22 May 2015 — Minister for Justice and Equality v Francis Lanigan | 30 |
| 2015/C 236/41 | Case C-242/15 P: Appeal brought on 27 May 2015 by the Land Hessen against the judgment of the General Court (First Chamber) delivered on 17 March 2015 in Case T-89/09 Pollmeier Massivholz GmbH & Co. KG v European Commission | 30 |
| 2015/C 236/42 | Case C-246/15 P: Appeal brought on 28 May 2015 by Pollmeier Massivholz GmbH & Co. KG against the judgment of the General Court (First Chamber) delivered on 17 March 2015 in Case T-89/09 Pollmeier Massivholz GmbH & Co. KG v European Commission | 31 |
| | General Court |
| 2015/C 236/43 | Joined Cases T-544/12 and T-546/12: Judgment of the General Court of 3 June 2015 — Pensa Pharma v OHIM — Ferring and Farmaceutisk Laboratorium Ferring (PENSA PHARMA and pensa) (Community trade mark — Invalidity proceedings — Community word mark PENSA PHARMA and Community figurative mark pensa — Earlier national and Benelux word marks PENTASA — Express consent to the registration of the Community trade mark before submission of the application for a declaration of invalidity — Article 53(3) of Regulation (EC) No 207/2009 — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 and Article 53(1)(a) of Regulation No 207/2009) | 33 |
| 2015/C 236/44 | Case T-254/13: Judgment of the General Court of 4 June 2015 — Stayer Ibérica v OHIM — Korporaciya ‘Masternet’ (STAYER) (Community trade mark — Invalidity proceedings — Community figurative mark STAYER — Earlier international word mark STAYER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009) | 33 |
| 2015/C 236/45 | Case T-376/13: Judgment of the General Court of 4 June 2015 — Versorgungswerk der Zahnärztekammer Schleswig-Holstein v ECB (Access to documents — Decision 2004/258/EC — Exchange agreement of 15 February 2012 among Greece and the ECB and the Eurosystem national central banks — Annexes A and B — Partial refusal of access — Public interest — Monetary policy of the European Union and a Member State — Financial situation of the ECB and the Eurosystem national central banks — Stability of the financial system in the European Union) | 34 |
| 2015/C 236/46 | Case T-448/13: Judgment of the General Court of 3 June 2015 — Bora Creations v OHIM — Beauté prestige international (essence) (Community trade mark — Invalidity proceedings — Community word mark essence — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009) | 35 |
| 2015/C 236/47 | Case T-514/13: Judgment of the General Court of 10 June 2015 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL) (Community trade mark — Opposition proceedings — Application for Community word mark AGRI.CAPITAL — Earlier Community word marks AgriCapital and AGRICAPITAL — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EC) No 207/2009) | 36 |
| 2015/C 236/48 | Case T-559/13: Judgment of the General Court of 3 June 2015 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI) (Community trade mark — Opposition proceedings — Application for Community figurative mark GIOVANNI GALLI — Earlier Community word mark GIOVANNI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character of a first name and a surname) | 36 |
| 2015/C 236/49 | Case T-578/13: Judgment of the General Court of 3 June 2015 — Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission (Action for annulment — Plant protection products — Publication of documents relating to the inclusion of an active substance — Refusal of the request for confidential treatment of certain information — Contested act not attributable to the defendant — Inadmissibility) | 37 |
| 2015/C 236/50 | Case T-604/13: Judgment of the General Court of 3 June 2015 — Levi Strauss v OHIM — L&O Hunting Group (101) (Community trade mark — Opposition proceedings — Application for Community word mark 101 — Earlier Community word mark 501 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009) | 38 |
| 2015/C 236/51 | Case T-658/13: Judgment of the General Court of 3 June 2015 — BP v FRA (Appeal — Civil service — Member of the contract staff — Staff of the European Union Agency for Fundamental Rights — Non-renewal of a fixed-term contract for an indefinite period — Right to be heard — Reassignment to another department until expiry of the contract — Assessment of the facts — Distortion of the clear sense of the evidence — Obligation to state reasons) | 38 |
| 2015/C 236/52 | Case T-140/14: Judgment of the General Court of 4 June 2015 — Bora Creations v OHIM (gel nails at home) (Community trade mark — Application for Community word mark gel nails at home — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009) | 39 |
| 2015/C 236/53 | Case T-222/14: Judgment of the General Court of 4 June 2015 — Deluxe Laboratories v OHIM (deluxe) (Community trade mark — Application for figurative Community mark deluxe — Absolute grounds for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Lack of distinctiveness acquired through use — Article 7(3) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009) | 40 |
| 2015/C 236/54 | Case T-273/14: Judgment of the General Court of 3 June 2015 — Lithomex v OHIM — Glaubrecht Stingel (LITHOFIX) (Community trade mark — Invalidity proceedings — Community word mark LITHOFIX — Earlier national and international word marks LITHOFIN — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Similarity of goods — No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) | 40 |
| 2015/C 236/55 | Case T-556/14 P: Judgment of the General Court of 9 June 2015 — Navarro v Commission (Appeal — Civil service — Members of the contract staff — Recruitment — Call for expressions of interest — Minimum qualifications required — Refusal to offer employment — Infringement of Article 116(2) of the Rules of Procedure of the Civil Service Tribunal — Error of law — Distortion of the facts) | 41 |
| 2015/C 236/56 | Case T-562/14: Judgment of the General Court of 4 June 2015 — Yoo Holdings v OHIM — Eckes-Granini Group (YOO) (Community trade mark — Opposition proceedings — Application for Community word mark YOO — Earlier national and international word marks YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 42 |
| 2015/C 236/57 | Case T-175/15: Action brought on 10 April 2015 — Mabrouk/Council | 42 |
| 2015/C 236/58 | Case T-227/15: Action brought on 27 April 2015 — Redpur v OHIM — Redwell Manufaktur (Redpur) | 43 |
| 2015/C 236/59 | Case T-239/15: Action brought on 15 May 2015 — Cryo-Save v OHIM — MedSkin Solutions Dr. Suwelack (Cryo-Save) | 44 |
| 2015/C 236/60 | Case T-240/15: Action brought on 18 May 2015 — Grupo Bimbo v OHIM (Shape of bars with four circles) | 45 |
| 2015/C 236/61 | Case T-242/15: Action brought on 18 May 2015 — ACDA and Others v Commission | 45 |
| 2015/C 236/62 | Case T-246/15: Action brought on 15 May 2015 — Ivanyushchenko/Council | 46 |
| 2015/C 236/63 | Case T-259/15: Action brought on 26 May 2015 — Close and Cegelec v Parliament | 48 |
| 2015/C 236/64 | Case T-276/15: Action brought on 26 May 2015 — Edison v OHIM — Eolus Vind (e) | 48 |
| 2015/C 236/65 | Case T-293/15: Action brought on 5 June 2015 — Banimmo v Commission | 49 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2015/C 236/02

Case C-546/12 P: Judgment of the Court (First Chamber) of 21 May 2015 — Ralf Schräder v Community Plant Variety Office (CPVO), Jørn Hansson (Appeal — Community plant variety rights — Community Plant Variety Office (CPVO) — Regulation (EC) No 2100/94 — Articles 20 and 76 — Regulation (EC) No 874/2009 — Article 51 — Application to initiate nullity proceedings in respect of Community plant variety rights — Principle of examination by the CPVO of its own motion — Proceedings before the Board of Appeal of the CPVO — Substantial evidence)

2

2015/C 236/03

Case C-182/13: Judgment of the Court (Fifth Chamber) of 13 May 2015 (request for a preliminary ruling from the Industrial Tribunal (Northern Ireland) — United Kingdom) — Valerie Lyttle and Others v Bluebird UK Bidco 2 Limited (Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a) — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant)

2

2015/C 236/04

Case C-352/13: Judgment of the Court (Fourth Chamber) of 21 May 2015 (request for a preliminary ruling from the Landgericht Dortmund — Germany) — Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV, Solvay SA/NV, Kemira Oyj, FMC Foret SA (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 6(1) — Action, brought against several defendants domiciled in various Member States and which have participated in a cartel found to be contrary to Article 81 EC and Article 53 of the Agreement on the European Economic Area, seeking an order for the defendants to pay damages jointly and severally and for disclosure of information — Jurisdiction of the court seised with regard to the other defendants — Withdrawal of the action in relation to the defendant domiciled in the Member State of the court seised — Jurisdiction in tort, delict or quasi-delict — Article 5(3) — Jurisdiction clauses — Article 23 — Effective enforcement of the prohibition of anti-competitive agreements, decisions and concerted practices)

3

2015/C 236/05

Case C-392/13: Judgment of the Court (Fifth Chamber) of 13 May 2015 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona — Spain) — Andrés Rabal Cañas v Nexea Gestión Documental SA, Fondo de Garantía Salarial (Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant)

4

2015/C 236/06

Case C-399/13 P: Judgment of the Court (Tenth Chamber) of 4 June 2015 — Stichting Corporate Europe Observatory v European Commission, Federal Republic of Germany (Appeals — Regulation (EC) No 1049/2001 — Access to the documents of the European institutions — Documents relating to the trade negotiations between the European Union and the Republic of India — Full access — Refusal)

5

2015/C 236/07

Case C-445/13 P: Judgment of the Court (Sixth Chamber) of 7 May 2015 — Voss of Norway ASA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a cylindrical bottle)

6

2015/C 236/08

Case C-497/13: Judgment of the Court (First Chamber) of 4 June 2015 (request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden — Netherlands) — Froukje Faber v Autobedrijf Hazet Ochten BV (Reference for a preliminary ruling — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Status of the purchaser — Consumer status — Lack of conformity of the goods delivered — Duty to inform the seller — Lack of conformity which became apparent within six months of delivery of the goods — Burden of proof)

6

2015/C 236/09

Case C-516/13: Judgment of the Court (Fourth Chamber) of 13 May 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Dimensione Direct Sales Srl, Michele Labianca v Knoll International SpA (Reference for a preliminary ruling — Copyright — Directive 2001/29/EC — Article 4(1) — Distribution right — Concept of ‘distribution to the public’ — Offer for sale and advertising by a trader of a Member State on its website, by direct mail and in the press in another Member State — Reproductions of protected furniture for sale without the consent of the holder of the exclusive distribution right — Offer or advertising not leading to the purchase of the original or copies of a protected work)

7

2015/C 236/10

Case C-536/13: Judgment of the Court (Grand Chamber) of 13 May 2015 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania)) — ‘Gazprom’ OAO (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Scope — Arbitration — Not included — Recognition and enforcement of foreign arbitral awards — Order issued by an arbitral tribunal having its seat in a Member State — Order that proceedings not be brought or continued before a court of another Member State — Power of the courts of a Member State to refuse to recognise the arbitral award — New York Convention)

8

2015/C 236/11

Case C-543/13: Judgment of the Court (Third Chamber) of 4 June 2015 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale verzekeringsbank v E. Fischer-Lintjens (Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 27 — Annex VI, section R, point 1(a) and (b) — Concept of pensions payable under the legislation of two or more Member States — Benefits in kind — Retroactive award of a pension under the legislation of the Member State of residence — Enjoyment of health care benefits conditional on the taking out of compulsory health care insurance — Certificate of non-insurance under the legislation on compulsory health care insurance of the Member State of residence — No subsequent obligation to pay contributions to that Member State — Retroactive withdrawal of the certificate — No possibility of retroactive affiliation to compulsory health care insurance — Interruption of cover against the risk of sickness by such insurance — Effectiveness of Regulation No 1408/71)

9

2015/C 236/12

Case C-560/13: Judgment of the Court (First Chamber) of 21 May 2015 (request for a preliminary ruling from the Bundesfinanzhof (Germany) — Finanzamt Ulm v Ingeborg Wagner-Raith (Reference for a preliminary ruling — Free movement of capital — Derogation — Movement of capital involving the provision of financial services — National legislation providing for flat-rate taxation of investment income from holdings in foreign investment funds — Black funds)

10

2015/C 236/13

Case C-579/13: Judgment of the Court (Second Chamber) of 4 June 2015 (request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands)) — P, S v Commissie Sociale Zekerheid Breda, College van Burgemeester en Wethouders van de gemeente Amstelveen (Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 5(2) and Article 11(1) — National legislation imposing on third-country nationals with long-term resident status a civic integration obligation, attested by an examination, under pain of a fine)

10

2015/C 236/14

Case C-657/13: Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Verder LabTec GmbH & Co. KG v Finanzamt Hilden (Reference for a preliminary ruling — Taxation — Freedom of establishment — Article 49 TFEU — Restrictions — Staggered recovery of tax on unrealised capital gains — Preservation of allocation of powers of taxation between Member States — Proportionality)

11

2015/C 236/15

Case C-678/13: Judgment of the Court (Seventh Chamber) of 4 June 2015 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — VAT — Directive 2006/112/EC — Annex III — Reduced rate of VAT applicable to medical equipment, aids and other appliances and pharmaceutical products)

11

2015/C 236/16

Case C-682/13 P: Judgment of the Court (Fourth Chamber) of 4 June 2015 — Andechser Molkerei Scheitz GmbH v European Commission (Appeals — Public health — List of food additives approved for use in foods — Steviol glycosides — Conditions of admissibility — Interest in bringing proceedings)

12

2015/C 236/17

Case C-5/14: Judgment of the Court (Third Chamber) of 4 June 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabrück (Reference for a preliminary ruling — Article 267 TFEU — Interlocutory procedure for review of constitutionality — Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned — Discretion enjoyed by a national court to refer questions to the Court of Justice for a preliminary ruling — National legislation levying a duty on the use of nuclear fuel — Directives 2003/96/EC and 2008/118/EC — Article 107 TFEU — Articles 93 EA, 191 EA and 192 EA)

13

2015/C 236/18

Case C-15/14 P: Judgment of the Court (First Chamber) of 4 June 2015 — European Commission v MOL Magyar Olaj- és Gázipari Nyrt. (Appeals — State aid — Agreement between Hungary and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent amendment to the statutory rules increasing the rate of the fees — Increase in fees not applied to MOL — Decision declaring the aid incompatible with the common market — Selective nature)

14

2015/C 236/19

Case C-53/14 P: Judgment of the Court (Sixth Chamber) of 21 May 2015 — JAS Jet Air Service France (SARL) v European Commission (Appeal — Customs union and Common Customs Tariff — Community Customs Code — Article 239 — Community Customs Code Implementing Regulation — Article 905 — Importation of jean trousers from the United States — Import duties — Decision declaring the refund of those duties unjustified — No ‘special situation’)

14

2015/C 236/20

Case C-65/14: Judgment of the Court (Fourth Chamber) of 21 May 2015 (request for a preliminary ruling from the Tribunal du travail de Nivelles (Belgium)) — Charlotte Rosselle v Institut national d’assurance maladie-invalidité (INAMI), Union nationale des mutualités libres (UNM) (Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 11(2) and (4) — Established public servant assigned non-active status for personal reasons in order to work as a salaried employee — Refusal to grant her a maternity allowance on the ground that she has not completed, as a salaried employee, the minimum contribution period required in order to be eligible to receive certain social benefits)

15

2015/C 236/21

Case C-161/14: Judgment of the Court (Second Chamber) of 4 June 2015 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Article 98(2) — Category (10) of Annex III — Reduced rate of VAT applicable to the provision, construction, renovation and alteration of housing, as part of a social policy — Category (10a) of Annex III — Reduced rate of VAT applicable to renovation and repairing of private dwellings, excluding materials which account for a significant part of the value of the service supplied — National legislation applying a reduced rate of VAT to supplies of services of installing ‘energy-saving materials’ and supplies of such materials)

15

2015/C 236/22

Case C-195/14: Judgment of the Court (Ninth Chamber) of 4 June 2015 (request for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v Teekanne GmbH & Co. KG (Reference for a preliminary ruling — Directive 2000/13/EC — Labelling and presentation of foodstuffs — Articles 2(1)(a)(i) and 3(1)(2) — Labelling such as could mislead the purchaser as to the composition of foodstuffs — List of ingredients — Use of the indication ‘raspberry and vanilla adventure’ and of depictions of raspberries and vanilla flowers on the packaging of a fruit tea not containing those ingredients)

16

2015/C 236/23

Case C-262/14: Judgment of the Court (Sixth Chamber) of 21 May 2015 (request for a preliminary ruling from the Tribunalul Neamț — Romania) — Sindicatul Cadrelor Militare Disponibilizate în rezervă și în retragere (SCMD) v Ministerul Finanțelor Publice (Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2, 3(1) and 6 — Prohibition of discrimination based on age — Discrimination on grounds of membership of a socio-professional category or place of work — National legislation prohibiting, subject to certain limits, the combination of a pension with employment income from professional activity in the public sector — Automatic termination of the employment relationship or service relationship)

17

2015/C 236/24

Case C-269/14: Judgment of the Court (Seventh Chamber) of 21 May 2015 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Kansaneläkelaitos (Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 1(4) — Service concession — Definition — Aggregation of contracts between a social security authority and taxi companies providing for an electronic scheme for direct reimbursement of transport costs of insured persons and a system of booking journeys)

18

2015/C 236/25

Case C-285/14: Judgment of the Court (Tenth Chamber) of 4 June 2015 (request for a preliminary ruling from the Cour de cassation (France)) — Directeur général des douanes et droits indirects, Directeur régional des douanes et droits indirects d’Auvergne v Brasserie Bouquet SA (Reference for a preliminary ruling — Taxation — Directive 92/83/EEC — Excise duty — Beer — Article 4 — Small independent breweries — Reduced rate of excise duty — Conditions — No operation under licence — Production in accordance with a process of a third party and authorised by it — Authorisation to use the trade marks of that third party)

18

2015/C 236/26

Case C-322/14: Judgment of the Court (Third Chamber) of 21 May 2015 (request for a preliminary ruling from the Landgericht Krefeld — Germany) — Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH (Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Agreement conferring jurisdiction — Formal requirements — Communication by electronic means which provides a durable record of the agreement — Definition — General terms and conditions of sale which can be consulted and printed from a link which enables them to be displayed in a new window — Click-wrapping)

19

2015/C 236/27

Case C-339/14: Judgment of the Court (Tenth Chamber) of 21 May 2015 (request for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany)) — Criminal proceedings against Andreas Wittmann (Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State)

19

2015/C 236/28

Case C-349/14: Judgment of the Court (First Chamber) of 21 May 2015 (request for a preliminary ruling from the Conseil d’État — France) — Ministre délégué, chargé du budget v Marlène Pazdziej (Reference for a preliminary ruling — Protocol on the Privileges and Immunities of the European Union — Article 12, second paragraph — Tax levied for the benefit of local authorities on persons having the use of or having at their disposal residential premises in their area — Upper limit — Social policy measure — Taking into account salaries, wages and emoluments paid by the European Union to its officials and other servants)

20

2015/C 236/29

Case C-275/14: Order of the Court (Seventh Chamber) of 5 February 2015 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Jednostka Innowacyjno-Wdrożeniowa Petrol S.C. Paczuski Maciej i Puławski Ryszard v Minister Finansów (Reference for a preliminary ruling — Taxation of energy products — Directive 2003/96/EC — Article 2(3) — Direct effect — Motor fuel additives coming under heading 3811 of the CN)

21

2015/C 236/30

Case C-578/14: Order of the Court (First Chamber) of 4 June 2015 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen — Belgium) — Argenta Spaarbank NV v Belgische Staat (Reference for a preliminary ruling — Corporation taxes — Directive 90/435/EEC — Article 1(2) and Article 4(2) — Parent companies and subsidiaries of different Member States — Common system of taxation — Deduction of taxable profits of the parent company — Factual and legislative context of the dispute in the main proceedings — Reasons justifying the need for an answer to the question referred for a preliminary ruling — Insufficient information — Manifest inadmissibility)

21

2015/C 236/31

Case C-150/15: Request for a preliminary ruling from the Sächsisches Oberverwaltungsgericht (Germany) lodged on 30 March 2015 — Der Bundesbeauftragte für Asylangelegenheiten v N

22

2015/C 236/32

Case C-173/15: Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 17 April 2015 — GE Healthcare GmbH v Hauptzollamt Düsseldorf

23

2015/C 236/33

Case C-175/15: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 20 April 2015 — Taser International Inc. v SC Gate 4 Business SRL, Cristian Mircea Anastasiu

24

2015/C 236/34

Case C-184/15: Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain) lodged on 23 April 2015 — Florentina Martínez Andrés v Servicio Vasco de Salud

25

2015/C 236/35

Case C-192/15: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 24 April 2015 — T.D. Rease, P. Wullems; other party: College bescherming persoonsgegevens

26

2015/C 236/36

Case C-197/15: Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain) lodged on 29 April 2015 — Juan Carlos Castrejana López v Ayuntamiento de Vitoria

26

2015/C 236/37

Case C-208/15: Request for a preliminary ruling from the Kúria (Hungary) lodged on 5 May 2015 — Stock ’94 Szolgáltató Zrt. v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága (NAV)

27

2015/C 236/38

Case C-210/15 P: Appeal brought on 6 May 2015 by the Republic of Poland against the judgment of the General Court of 25 February 2015 in Case T-257/13 Republic of Poland v European Commission

28

2015/C 236/39

Case C-215/15: Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria) lodged on 11 May 2015 — Vasilka Ivanova Gogova v Iliya Dimitrov Iliev

29

2015/C 236/40

Case C-237/15: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 22 May 2015 — Minister for Justice and Equality v Francis Lanigan

30

2015/C 236/41

Case C-242/15 P: Appeal brought on 27 May 2015 by the Land Hessen against the judgment of the General Court (First Chamber) delivered on 17 March 2015 in Case T-89/09 Pollmeier Massivholz GmbH & Co. KG v European Commission

30

2015/C 236/42

Case C-246/15 P: Appeal brought on 28 May 2015 by Pollmeier Massivholz GmbH & Co. KG against the judgment of the General Court (First Chamber) delivered on 17 March 2015 in Case T-89/09 Pollmeier Massivholz GmbH & Co. KG v European Commission

31

General Court

2015/C 236/43

Joined Cases T-544/12 and T-546/12: Judgment of the General Court of 3 June 2015 — Pensa Pharma v OHIM — Ferring and Farmaceutisk Laboratorium Ferring (PENSA PHARMA and pensa) (Community trade mark — Invalidity proceedings — Community word mark PENSA PHARMA and Community figurative mark pensa — Earlier national and Benelux word marks PENTASA — Express consent to the registration of the Community trade mark before submission of the application for a declaration of invalidity — Article 53(3) of Regulation (EC) No 207/2009 — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 and Article 53(1)(a) of Regulation No 207/2009)

33

2015/C 236/44

Case T-254/13: Judgment of the General Court of 4 June 2015 — Stayer Ibérica v OHIM — Korporaciya ‘Masternet’ (STAYER) (Community trade mark — Invalidity proceedings — Community figurative mark STAYER — Earlier international word mark STAYER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009)

33

2015/C 236/45

Case T-376/13: Judgment of the General Court of 4 June 2015 — Versorgungswerk der Zahnärztekammer Schleswig-Holstein v ECB (Access to documents — Decision 2004/258/EC — Exchange agreement of 15 February 2012 among Greece and the ECB and the Eurosystem national central banks — Annexes A and B — Partial refusal of access — Public interest — Monetary policy of the European Union and a Member State — Financial situation of the ECB and the Eurosystem national central banks — Stability of the financial system in the European Union)

34

2015/C 236/46

Case T-448/13: Judgment of the General Court of 3 June 2015 — Bora Creations v OHIM — Beauté prestige international (essence) (Community trade mark — Invalidity proceedings — Community word mark essence — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009)

35

2015/C 236/47

Case T-514/13: Judgment of the General Court of 10 June 2015 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL) (Community trade mark — Opposition proceedings — Application for Community word mark AGRI.CAPITAL — Earlier Community word marks AgriCapital and AGRICAPITAL — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EC) No 207/2009)

36

2015/C 236/48

Case T-559/13: Judgment of the General Court of 3 June 2015 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI) (Community trade mark — Opposition proceedings — Application for Community figurative mark GIOVANNI GALLI — Earlier Community word mark GIOVANNI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character of a first name and a surname)

36

2015/C 236/49

Case T-578/13: Judgment of the General Court of 3 June 2015 — Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission (Action for annulment — Plant protection products — Publication of documents relating to the inclusion of an active substance — Refusal of the request for confidential treatment of certain information — Contested act not attributable to the defendant — Inadmissibility)

37

2015/C 236/50

Case T-604/13: Judgment of the General Court of 3 June 2015 — Levi Strauss v OHIM — L&O Hunting Group (101) (Community trade mark — Opposition proceedings — Application for Community word mark 101 — Earlier Community word mark 501 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

38

2015/C 236/51

Case T-658/13: Judgment of the General Court of 3 June 2015 — BP v FRA (Appeal — Civil service — Member of the contract staff — Staff of the European Union Agency for Fundamental Rights — Non-renewal of a fixed-term contract for an indefinite period — Right to be heard — Reassignment to another department until expiry of the contract — Assessment of the facts — Distortion of the clear sense of the evidence — Obligation to state reasons)

38

2015/C 236/52

Case T-140/14: Judgment of the General Court of 4 June 2015 — Bora Creations v OHIM (gel nails at home) (Community trade mark — Application for Community word mark gel nails at home — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)

39

2015/C 236/53

Case T-222/14: Judgment of the General Court of 4 June 2015 — Deluxe Laboratories v OHIM (deluxe) (Community trade mark — Application for figurative Community mark deluxe — Absolute grounds for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Lack of distinctiveness acquired through use — Article 7(3) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009)

40

2015/C 236/54

Case T-273/14: Judgment of the General Court of 3 June 2015 — Lithomex v OHIM — Glaubrecht Stingel (LITHOFIX) (Community trade mark — Invalidity proceedings — Community word mark LITHOFIX — Earlier national and international word marks LITHOFIN — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Similarity of goods — No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

40

2015/C 236/55

Case T-556/14 P: Judgment of the General Court of 9 June 2015 — Navarro v Commission (Appeal — Civil service — Members of the contract staff — Recruitment — Call for expressions of interest — Minimum qualifications required — Refusal to offer employment — Infringement of Article 116(2) of the Rules of Procedure of the Civil Service Tribunal — Error of law — Distortion of the facts)

41

2015/C 236/56

Case T-562/14: Judgment of the General Court of 4 June 2015 — Yoo Holdings v OHIM — Eckes-Granini Group (YOO) (Community trade mark — Opposition proceedings — Application for Community word mark YOO — Earlier national and international word marks YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

42

2015/C 236/57

Case T-175/15: Action brought on 10 April 2015 — Mabrouk/Council

42

2015/C 236/58

Case T-227/15: Action brought on 27 April 2015 — Redpur v OHIM — Redwell Manufaktur (Redpur)

43

2015/C 236/59

Case T-239/15: Action brought on 15 May 2015 — Cryo-Save v OHIM — MedSkin Solutions Dr. Suwelack (Cryo-Save)

44

2015/C 236/60

Case T-240/15: Action brought on 18 May 2015 — Grupo Bimbo v OHIM (Shape of bars with four circles)

45

2015/C 236/61

Case T-242/15: Action brought on 18 May 2015 — ACDA and Others v Commission

45

2015/C 236/62

Case T-246/15: Action brought on 15 May 2015 — Ivanyushchenko/Council

46

2015/C 236/63

Case T-259/15: Action brought on 26 May 2015 — Close and Cegelec v Parliament

48

2015/C 236/64

Case T-276/15: Action brought on 26 May 2015 — Edison v OHIM — Eolus Vind (e)

48

2015/C 236/65

Case T-293/15: Action brought on 5 June 2015 — Banimmo v Commission

49

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