ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 399/7

Judgment of the Court (Third Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Bernhard Rintisch v Klaus Eder

(Case C-553/11) (1)

(Trade marks - Directive 89/104/EEC - Article 10(1) and (2)(a) - Genuine use - Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark - Temporal effects of a judgment)

2012/C 399/10

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant: Bernhard Rintisch

Respondent: Klaus Eder

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 10(1) and (2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Concept of ‘use of the trade mark’ — National legislation whereby use of the trade mark in a form different from the form in which it was registered may also be regarded as use of a registered trade mark, provided that the differences do not alter the distinctive character of the mark — Registration of a trade mark in order to secure or expand the protection of another registered trade mark — Legitimate expectations — Whether a change deriving from case-law is applicable to situations that had already arisen at the date of delivery of the judgment in question

Operative part of the judgment

1. Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the proprietor of a registered trade mark is not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it is used in a form which differs from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form is itself registered as a trade mark.

2. Article 10(2)(a) of Directive 89/104 must be interpreted as precluding an interpretation of the national provision intended to transpose it into domestic law whereby Article 10(2)(a) does not apply to a ‘defensive’ trade mark which is registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it is used.

(1) OJ C 80, 17.3.2012.
EN Official Journal of the European Union C 379/7

Judgment of the Court (Sixth Chamber) of 18 October 2012 — Herbert Neuman, Andoni Galdeano del Sel, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v José Manuel Baena Grupo, SA

(Joined Cases C-101/11 P and C-102/11 P) (1)

(Appeals - Community design - Regulation (EC) No 6/2002 - Articles 6, 25(1)(b) and (e), and 61 - Registered Community design or model representing a seated figure - Earlier Community figurative mark - Different overall impression - Degree of freedom of the designer - Informed user - Scope of judicial review - No statement of reasons)

2012/C 379/11

Language of the case: Spanish

Parties

Appellants: Herbert Neuman, Andoni Galdeano del Sel (represented by: S. Miguez Pereira, abogada), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (represented by J. Crespo Carrillo and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings: José Manuel Baena Grupo (represented by: A. Canela Giménez, abogado)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 16 December 2010 — Case T-513/09 Baena Grupo v OHIM — Neuman and Galdeano del Sel (seated figure), by which the General Court annulled the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 October 2009 (Case R 1323/2008-3)

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders Mr Neuman and Mr Galdeano del Sel to bear their own costs and to pay those incurred by José Manuel Baena Grupo, SA in relation to the appeal in Case C-101/11 P;

3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs and to pay those incurred by José Manuel Baena Grupo, SA in relation to the appeal in Case C-102/11 P.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 9/13

Judgment of the Court (Second Chamber) of 15 November 2012 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Steglitz v Ines Zimmermann

(Case C-174/11) (1)

(Sixth VAT Directive - Exemptions - Article 13A(1)(g) and (2) - Services closely linked to welfare and social security work supplied by bodies governed by public law or organisations recognised as charitable - Recognition - Conditions not applicable to organisations other than bodies governed by public law - Discretion of the Member States - Limits - Principle of fiscal neutrality)

2013/C 9/18

Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings

Applicant: Finanzamt Steglitz

Defendant: Ines Zimmermann

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Article 13A(1)(g) and (2)(a) 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) — Exemption of services linked to welfare and social security work that are supplied by bodies governed by public law or by other organisations recognised as charitable — National legislation making the exemption of out-patient care services subject to certain conditions which are not applicable, however, if the services in question are supplied by certain associations approved by the State, or by members of those associations

Operative part of the judgment

Under Article 13A(1)(g) 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, interpreted in the light of the principle of fiscal neutrality, the VAT exemption for out-patient services supplied by commercial service-providers may not be made subject to a condition such as that at issue in the main proceedings, by virtue of which the costs relating to those services must, during the preceding calendar year, have been borne wholly or partly by the statutory social security or social welfare authorities in at least two thirds of cases, where that condition is not capable of ensuring equal treatment in relation to the recognition, for the purposes of that provision, of the ‘charitable’ nature of organisations other than bodies governed by public law.

(1) OJ C 226, 30.7.2011.
EN Official Journal of the European Union C 26/13

Judgment of the Court (Third Chamber) of 29 November 2012 — United Kingdom of Great Britain and Northern Ireland v European Commission

(Case C-416/11 P) (1)

(Appeal - Directive 92/43/EEC - Conservation of natural habitats - List of sites of Community importance for the Mediterranean biogeographical region - Inclusion in the list of a site proposed by the Kingdom of Spain - Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas - Action for annulment - Measure merely confirmatory)

2013/C 26/22

Language of the case: English

Parties

Appellant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent, D. Wyatt QC and V. Wakefield, Barrister)

Other party to the proceedings: European Commission (represented by: D. Recchia and K. Mifsud Bonnici, Agents)

Intervener in support of the Commission: Kingdom of Spain (represented by: N. Díaz Abad and A. Rubio González, acting as Agents)

Re:

Appeal brought against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T-115/01 United Kingdom of Great Britain and Northern Ireland v European Commission [2011] ECR II-0000, by which that court dismissed as inadmissible an action for partial annulment of Commission Decision 2010/45/EC of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Mediterranean biogeographical region [notified under number C(2009) 10406], to the extent that it retains on the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which includes an area of British Gibraltar territorial waters and an area of the high seas

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 26/7

Judgment of the Court (Third Chamber) of 22 November 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Brain Products GmbH v BioSemi VOF, Antonius Pieter Kuiper, Robert Jan Gerard Honsbeek, Alexander Coenraad Metting van Rijn

(Case C-219/11) (1)

(Reference for a preliminary ruling - Medical devices - Directive 93/42/EEC - Scope - Interpretation of the concept of ‘medical device’ - Product marketed for non-medical use - Investigation of a physiological process - Free movement of goods)

2013/C 26/13

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Brain Products GmbH

Defendants: BioSemi VOF, Antonius Pieter Kuiper, Robert Jan Gerard Honsbeek, Alexander Coenraad Metting van Rijn

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of the third indent of Article 1(2)(a) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), as amended by Directive 2007/47/EC of the European Parliament and the Council of 5 September 2007 (OJ 2007 L 247, p. 21) — Interpretation of the term ‘medical device’ — Application of the directive to an article which is intended for purposes of investigation of a physiological process and which is marketed for a non-medical purpose

Operative part of the judgment

The third indent of Article 1(2)(a) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007, must be interpreted as meaning that the concept of ‘medical device’ covers an object conceived by its manufacturer to be used for human beings for the purpose of investigation of a physiological process only if it is intended for a medical purpose.

(1) OJ C 232, 6.8.2011.
EN Official Journal of the European Union C 46/9

Judgment of the Court (Seventh Chamber) of 19 December 2012 — Bavaria NV v European Commission

(Case C-445/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Dutch beer market - Commission decision finding an infringement of Article 81 EC - Fines - Duration of the administrative procedure - Level of the fine)

2013/C 46/16

Language of the case: Dutch

Parties

Appellant: Bavaria NV (represented by: O. Brouwer, P.W. Schepens and N. Al-Ani, advocaten)

Other party to the proceedings: European Commission (represented by: P. Van Nuffel and F. Ronkes Agerbeek, acting as Agents, assisted by M. Slotboom, advocat)

Re:

Appeal brought against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-235/07 Bavaria v Commission by which the General Court annulled Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Dutch beer market) in so far as the European Commission found that Bavaria NV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual consumers in the on-trade segment in the Netherlands

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Bavaria NV to pay the costs.

(1) OJ C 340, 19.11.2011.
2.

Decision 2004/290 must be interpreted to the effect that it is open to the Federal Republic of Germany to avail itself only partially of the authorisation granted by that decision, exercising it in respect of certain subcategories, such as particular types of construction work, and in respect of supplies to certain recipients. When establishing those subcategories, that Member State is required to respect the principle of fiscal neutrality and the general principles of European Union law and, in particular, the principles of proportionality and legal certainty. It is for the referring court to determine, taking into account all the relevant facts and points of law, whether that is the position in the case before it and, if appropriate, to take the measures necessary to remedy the harmful consequences brought about by the application of the provisions at issue in a manner inconsistent with the principles of proportionality or legal certainty.
EN Official Journal of the European Union C 71/4

Judgment of the Court (Eighth Chamber) of 24 January 2013 — Falles Fagligt Forbund (3F), formerly Specialarbejderforbundet i Danmark (SID) v European Commission, Kingdom of Denmark

(Case C-646/11 P) (1)

(Appeal - State aid - Tax-reduction measures - Seafarers working on board vessels registered in the Danish International Register - Article 88(3) EC - Preliminary examination stage - Commission decision not to raise objections - Action for annulment - Conditions for initiating the formal investigation procedure - Existence of doubts regarding the compatibility of the aid with the common market - Period for the examination)

2013/C 71/07

Language of the case: English

Parties

Appellant: Falles Fagligt Forbund (3F), formerly Specialarbejderforbundet i Danmark (SID) (represented by: P. Torbøl, advokat, S. Aparicio Hill, abogada, and V. Edwards, Solicitor)

Other parties to the proceedings: European Commission (represented by: H. van Vliet and P.-J. Loewenthal, Agents), Kingdom of Denmark (represented by: C. Vang and C. Thorning, Agents)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 27 September 2011 in Case T-30/03 RENV 3F v Commission by which the General Court dismissed the application for annulment of Commission Decision C(2002) 4370 final of 13 November 2002 finding the tax-reduction measures applicable to seafarers on board Danish vessels to be State aid compatible with the common market (Case C-319/07 P referred back after successful appeal)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Falles Fagligt Forbund (3F) to pay the costs;

3. Orders the Kingdom of Denmark to bear its own costs.

(1) OJ C 65, 3.3.2012.
EN Official Journal of the European Union C 46/4

Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Commissione tributaria regionale di Milano — Italy) — 3D I srl v Agenzia delle Entrate — Ufficio di Cremona

(Case C-207/11) (1)

(Taxation - Directive 90/434/EEC - Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States - Articles 2, 4 and 9 - Transfer of assets - Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets - Deferral of taxation - Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company)

2013/C 46/07

Language of the case: Italian

Referring court

Commissione tributaria regionale di Milano

Parties to the main proceedings

Appellant: 3D I srl

Respondent: Agenzia delle Entrate — Ufficio di Cremona

Re:

Request for a preliminary ruling — Commissione tributaria regionale di Milano — Interpretation of Articles 2, 4 and 8(1) and (2) of Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (OJ 1990 L 225, p. 1) — Transfer of assets — National legislation providing for the taxation of the capital gains arising from a transfer of assets and for the capital gain to correspond to the difference between the initial cost of acquiring the assets in exchange for the shares or holdings transferred and their current market value — Exemption where the transferring company carries over in its own balance sheet a special reserve fund equivalent to the capital gains arising upon the transfer

Operative part of the judgment

Articles 2, 4 and 9 of Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States must be interpreted as not precluding, in a situation such as the one at issue in the main proceedings, the consequence of a transfer of assets being the taxation of the transferring company on the capital gain arising from that transfer, unless the transferring company carries over in its own balance sheet an appropriate reserve fund equivalent to the capital gain arising upon that transfer.

(1) OJ C 211, 16.7.2011.
1.

By not having taken all the required steps to avoid the deterioration of the natural habitats and the habitats of species for which the special area of conservation GR 1220009 was designated and by not having set up a system for the collection and treatment of urban waste water for the agglomeration of Langada, the Hellenic Republic has failed to fulfil its obligations under Article 6(2) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, read in conjunction with Article 7 of that Directive, as well as its obligations under Articles 3 and 4(1) and (3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment.
EN Official Journal of the European Union C 114/11

Judgment of the Court (First Chamber) of 21 February 2013 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Concepción Salgado González v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

(Case C-282/11) (1)

(Article 48 TFEU - Social security for migrant workers - Regulation (EEC) Nos 1408/71 and (EC) No 883/2004 - Old-age and survivor’s insurance - Special provisions for the application of national legislation relating to old-age pensions - Calculation of benefits)

2013/C 114/14

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings

Applicant: Concepción Salgado González

Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

Re:

Request for a preliminary ruling — Tribunal Superior de Justicia de Galicia — Interpretation of Article 48 TFEU, of Article 3 of and of Heading D (now letter g), Paragraph 4 of Annex VI to Council Regulation No 1408/71/EEC of 14 June on the application of social security schemes to employed persons, to self-employed persons and their families moving within the European Union (OJ English Special Edition 1971 (II), p. 416) and of Article 87(5) of and of paragraph 2(a) of Annex XI to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1) — Insurance relating to old age and death — Special provisions for the application of national legislation relating to old age insurance — Calculation of benefits — National legislation determining the benefit on the basis of an average contribution basis during a reference period of 15 years.

Operative part of the judgment

Article 48 TFEU, Articles 3, 46(2)(a) and 47(1)(a) of Council Regulation (EEC) No 1408/71 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, and as amended by Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006, and Heading H, paragraph 4, of Annex VI to that regulation, must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, under which the theoretical amount of the retirement pension of a self-employed worker, migrant or non-migrant, is invariably calculated on contribution bases paid by that worker over a fixed reference period preceding the payment of his last contribution in that Member State, to which a fixed divisor is applied, when it is impossible for either the duration of that period or the divisor to be adapted so as to take account of the fact that the worker concerned has exercised his right to freedom of movement.

(1) OJ C 269, 10.9.2011.
1.

Declares that by using a purely quantitative criterion to assess whether the holding by private individuals of manufactured tobacco from another Member State is of a commercial nature and by applying that criterion per individual vehicle (and not per person), and in respect of all of the tobacco products in aggregate, the French Republic has failed to fulfil its obligations under 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 and, specifically, under Articles 8 and 9 thereof;
1.

Declares that, by failing to take, within the prescribed period, all the measures necessary to recover from the beneficiaries the State aid considered unlawful and incompatible with the internal market by Article 1 of Commission Decision 2008/92/EC of 10 July 2007 concerning an Italian State aid scheme to the Sardinian shipping, the Italian Republic has failed to fulfil its obligations under Articles 2 and 5 of that decision;
EN Official Journal of the European Union C 156/3

Judgment of the Court (Grand Chamber) of 9 April 2013 — European Commission v Ireland

(Case C-85/11) (1)

(Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - Articles 9 and 11 - National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes)

2013/C 156/03

Language of the case: English

Parties

Applicant: European Commission (represented by: R. Lyal, Agent)

Defendant: Ireland (represented by: D. O’Hagan, Agent, assisted by G. Clohessy, SC, and N. Travers, BL)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek and T. Müller, Agents), Kingdom of Denmark (represented: initially by C. Vang, and subsequently by V. Pasternak Jørgensen, Agents), Republic of Finland (represented by: H. Leppo and S. Hartikainen, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent, and by M. Hall, Barrister)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 9 and 11 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 permitting the inclusion of non-taxable persons in a VAT group

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Commission to pay the costs;

3. Orders the Czech Republic, the Kingdom of Denmark, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own respective costs.

(1) OJ C 145, 14.5.2011.