do-me/EUR-LEX huggingface dataset:
Case T-114/12: Action brought on 8 March 2012 — Bode Chemie v OHIM — Laros (sterilina)
Date: 2012-03-08
Institutions: General Court
Subjects: EU trade mark, health care, registered trade mark, trade-mark law








C_2012165EN.01002101.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/21





Action brought on 8 March 2012 — Bode Chemie v OHIM — Laros (sterilina)
(Case T-114/12)
2012/C 165/36
Language in which the application was lodged: French

Parties


Applicant: Bode Chemie GmbH (Hamburg, Germany) (represented by: N. Aicher, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Laros Srl (Cremona, Italy)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2012 in Case R 2423/2010-4; and










—


order the defendant to pay the costs, including the costs of the appeal proceedings before OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party before the Board of Appeal.

Community trade mark concerned: Figurative mark consisting of the word elements ‘sterilina’, in the colours white and red for goods in Classes 3 and 5 — Community trade mark applied for No 8120032.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Community trade mark ‘STERILLIUM’ No 221168 for goods in Class 5; Figurative Community mark in the colours blue and white ‘BODE Sterillium’ No 6262257 for goods in Class 5.

Decision of the Opposition Division: Rejection of the opposition in its entirety.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 2007/2009, in that contrary to the opinion of the Board of Appeal, a global assessment of the relevant criteria in respect of the identity and/or similarity between the goods, of the similarity between the signs and the distinctive character of the opposing mark leads to a determination of a likelihood of confusion for the public.
Case T-126/11 P: Order of the General Court of 8 March 2012 — Marcuccio v Commission (Appeal — Civil service — Officials — Social security — Reimbursement of medical expenses — Act adversely affecting an official — Implied refusal — Duty to state reasons — Appeal in part manifestly unfounded and in part manifestly inadmissible)
Date: 2012-03-08
Institutions: General Court
Subjects: European civil service, health service, redemption, social security








C_2012126EN.01001702.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/17





Order of the General Court of 8 March 2012 — Marcuccio v Commission
(Case T-126/11 P) (1)

(Appeal - Civil service - Officials - Social security - Reimbursement of medical expenses - Act adversely affecting an official - Implied refusal - Duty to state reasons - Appeal in part manifestly unfounded and in part manifestly inadmissible)
2012/C 126/35
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Curall and C. Berardis-Kayser, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the judgment delivered by the European Union Civil Service Tribunal (single judge) on 14 December 2010 in Case F-1/10 Marcuccio v Commission, not yet published in the ECR, seeking the annulment in part of that judgment.

Operative part of the order







1.


The appeal is dismissed in part as manifestly inadmissible and in part as manifestly devoid of any basis in law.










2.


The cross-appeal is dismissed in part as manifestly inadmissible and in part as manifestly devoid of any basis in law.










3.


Mr Luigi Marcuccio shall bear his own costs and shall pay the costs incurred by the European Commission in the appeal.










4.


Each party shall bear its own costs of the cross-appeal.






(1)  OJ C 120, 16.4.2011.
Case C-596/10: Judgment of the Court (Seventh Chamber) of 8 March 2012 — European Commission v French Republic (Failure of Member State to fulfil obligations — Value Added Tax — Directive 2006/112/EC — Application of reduced VAT rates to transactions concerning equidae and in particular to horses)
Date: 2012-03-08
Institutions: Court of Justice
Subjects: VAT rate, equidae, tax relief








C_2012126EN.01000202.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/2





Judgment of the Court (Seventh Chamber) of 8 March 2012 — European Commission v French Republic
(Case C-596/10) (1)

(Failure of Member State to fulfil obligations - Value Added Tax - Directive 2006/112/EC - Application of reduced VAT rates to transactions concerning equidae and in particular to horses)
2012/C 126/03
Language of the case: French

Parties


Applicant: European Commission (represented by: F. Dintilhac and M. Alfonso, Agents)

Defendant: French Republic (represented by: G. de Bergues, J.-S. Pilczer and B. Beaupère-Manokha, Agents)

Intervener: Ireland (represented by: D. O’Hagan, agent and N. Travers and G. Clohessy, barristers)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 96 to 99 of Annex III to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Application of a reduced rate of VAT to equidae and in particular to horses

Operative part of the judgment

The Court:






1.


Declares that, by applying reduced rates of VAT to transactions relating to equidae and, in particular, to horses, where they are not as a matter of course intended for use in the preparation of foodstuffs or in agricultural production, the French Republic has failed to fulfil its obligations under Articles 96 to 99 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with Annex III thereto;










2.


Orders the French Republic to pay the costs;










3.


Orders Ireland to bear its own costs.






(1)  OJ C 72, 5.3.2011.
Case T-573/10: Order of the General Court of 8 March 2012 — Octapharma Pharmazeutika v EMA (Medicinal products for human use — Changes to a plasma master file (PMF) — Fees payable to the EMA — Act with adverse effects — Measure merely confirmatory — Manifest inadmissibility)
Date: 2012-03-08
Institutions: General Court
Subjects: marketing, medicinal product, plasma physics, tax








C_2012126EN.01001701.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/17





Order of the General Court of 8 March 2012 — Octapharma Pharmazeutika v EMA
(Case T-573/10) (1)

(Medicinal products for human use - Changes to a plasma master file (PMF) - Fees payable to the EMA - Act with adverse effects - Measure merely confirmatory - Manifest inadmissibility)
2012/C 126/34
Language of the case: German

Parties


Applicant: Octapharma Pharmazeutika Produktionsgesellschaft mbH (Vienna, Austria) (represented by: I. Brinker and T. Holzmüller, lawyers, and J. Schwarze, Professor)

Defendant: European Medicines Agency (EMA) (represented by: V. Salvatore, acting as Agent, and H.-G. Kamann and P. Gey, lawyers)

Re:

Application for annulment of the letter of 21 October 2010 (EMA/643425/2010) by which the European Medicines Agency (EMA) refused to repay to the applicant the sum of EUR 180 700 corresponding to the difference between, on the one hand, the sum the applicant paid to it in respect of fees for the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products and, on the other hand, the sum which the applicant maintains it should have paid.

Operative part of the order







1.


The action is dismissed.










2.


Octapharma Pharmazeutika Produktionsgesellschaft mbH shall pay the costs.






(1)  OJ C 55, 19.2.2011.
Case C-128/12: Reference for a preliminary ruling from the Tribunal do Trabalho do Porto (Portugal) lodged on 8 March 2012 — Sindicato dos Bancários do Norte and Others v BPN — Banco Português de Negócios, SA
Date: 2012-03-08
Institutions: Court of Justice
Subjects: anti-discriminatory measure, civil service, economic recession, equal treatment, pay cut








C_2012151EN.01002001.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/20





Reference for a preliminary ruling from the Tribunal do Trabalho do Porto (Portugal) lodged on 8 March 2012 — Sindicato dos Bancários do Norte and Others v BPN — Banco Português de Negócios, SA
(Case C-128/12)
2012/C 151/35
Language of the case: Portuguese

Referring court

Tribunal do Trabalho do Porto

Parties to the main proceedings


Applicants: Sindicato dos Bancários do Norte, Sindicato dos Bancários do Centro, Sindicato dos Bancários do Sul e Ilhas, Luís Miguel Rodrigues Teixeira de Melo

Defendant: BPN — Banco Português de Negócios, SA

Questions referred







1.


Must the principle of equal treatment, from which the prohibition of discrimination derives, be interpreted as being applicable to public sector employees?










2.


Is the salary cut made by the State, by means of the Lei do Orçamento de Estado para 2011, applicable only to persons employed in the public sector or by a public undertaking, contrary to the principle of prohibition of discrimination in that it discriminates on the basis of the public nature of the employment relationship?










3.


Must the right to working conditions that respect dignity, laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union, (1) be interpreted as meaning that it is unlawful to make salary cuts without the employee’s consent, if the contract of employment is not first altered to that effect?










4.


Must the right to working conditions that respect dignity, laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that employees have the right to fair remuneration which ensures that they and their families can enjoy a satisfactory standard of living?










5.


As a salary cut is not the only possible measure and is not necessary and fundamental to the efforts to consolidate public finances in a serious economic and financial crisis in the country, is it contrary to the right laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union to put at risk the standard of living and the financial commitments of employees and their families by means of such a reduction?










6.


Is such a salary cut by the Portuguese State contrary to the right to working conditions that respect dignity in that it was unforeseeable and unexpected by the employees?






(1)  OJ 2000 C 364, p. 1.
Case T-298/10: Judgment of the General Court of 8 March 2012 — Arrieta D. Gross v OHIM — International Biocentric Foundation and Others (BIODANZA) (Community trade mark — Opposition proceedings — Application for the Community figurative mark BIODANZA — Earlier national word mark BIODANZA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Death of the trade mark applicant before adoption of the decision of the Board of Appeal — Admissibility of the response — Absence of genuine use of the earlier trade mark — Article 42(2) and (3) of Regulation No 207/2009 — Proceedings before the Board of Appeal — Rights of defence — Article 75 of Regulation No 207/2009)
Date: 2012-03-08
Institutions: General Court
Subjects: EU trade mark, performing arts, registered trade mark, trade-mark law








C_2012118EN.01002402.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/24





Judgment of the General Court of 8 March 2012 — Arrieta D. Gross v OHIM — International Biocentric Foundation and Others (BIODANZA)
(Case T-298/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark BIODANZA - Earlier national word mark BIODANZA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Death of the trade mark applicant before adoption of the decision of the Board of Appeal - Admissibility of the response - Absence of genuine use of the earlier trade mark - Article 42(2) and (3) of Regulation No 207/2009 - Proceedings before the Board of Appeal - Rights of defence - Article 75 of Regulation No 207/2009)
2012/C 118/41
Language of the case: English

Parties


Applicant: Christina Arrieta D. Gross (Hamburg, Germany) (represented by: J.-P. Ewert, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Rolando Mario Toro Araneda (Santiago de Chile, Chile)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 April 2010 (Case R 1149/2009-2), relating to opposition proceedings between Christina Arrieta D. Gross and Rolando Mario Toro Araneda.

Operative part of the judgment

The Court:






1.


Grants leave to the International Biocentric Foundation Ltd, Gabriela Cedilia Toro Acuña and Hilda Pilar Toro Acuña, Rolando Patricio Toro Acuña, Maria Verónica Toro Acuña, Ricardo Marcela Toro Durán and German Toro Gonzalez, Claudia Danae Toro Sanchez, Rodrigo Paulo Toro Sanchez, Mariela Paula Toro Sanchez, Viviana Luz Toro Matuk, Morgana Fonteles Toro, Anna Laura Toro Sant’ana, Joana Castoldi Toro Araneda and Claudete Sant’ana to intervene before the General Court;










2.


Dismisses the action;










3.


Orders Christina Arrieta D. Gross to pay the costs.






(1)  OJ C 260, 25.9.2010.
Non-opposition to a notified concentration (Case COMP/M.6509 — GE/KGAL/Extresol-2)  Text with EEA relevance
Date: 2012-03-08
Institutions: European Commission
Subjects: economic concentration, electricity supply, investment company, merger control, miscellaneous industries, wholesale selling








C_2012070EN.01000601.xml










8.3.2012   


EN


Official Journal of the European Union


C 70/6





Non-opposition to a notified concentration
(Case COMP/M.6509 — GE/KGAL/Extresol-2)
(Text with EEA relevance)
2012/C 70/02
On 1 March 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6509. EUR-Lex is the on-line access to the European law.
Council Decision of 8 March 2012 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2012-03-08
Institutions: Council of the European Union
Subjects: Cedefop, appointment of members, board of management








C_2012084EN.01000201.xml










22.3.2012   


EN


Official Journal of the European Union


C 84/2





COUNCIL DECISION
of 8 March 2012
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2012/C 84/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nominations submitted by the French Government,
Whereas:






(1)


By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.










(2)


A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms Elisabeth ARNOLD.










(3)


The member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2012,




HAS DECIDED AS FOLLOWS:
Sole Article
The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

GOVERNMENT REPRESENTATIVE:







FRANCE


Mr Jean-Marc HUART





Done at Brussels, 8 March 2012.


For the Council


The President

M. BØDSKOV




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 226, 19.9.2009, p. 2.
Council Act of 8 March 2012 extending the term of office of the Director of Europol
Date: 2012-03-08
Institutions: Council of the European Union
Subjects: Europol, appointment of members, managing director








C_2012076EN.01000701.xml










15.3.2012   


EN


Official Journal of the European Union


C 76/7





COUNCIL ACT
of 8 March 2012
extending the term of office of the Director of Europol
2012/C 76/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 56(1) and Article 38 of the Council Decision establishing the European Police Office (Europol) (1),
Having regard to the Decision of the Management Board of Europol of 4 June 2009 establishing the rules on the selection, extension of the term of office and dismissal of the Director and Deputy Directors of Europol (2), and in particular Article 12(1) thereof,
Acting as the authority vested with the power to appoint the Director and Deputy Directors of Europol,
Having regard to the opinion of the Management Board of Europol,
Bearing in mind that the grading of the Director of Europol is subject to the approval of the Europol’s multiannual Staff Policy Plan 2013-15 by the budgetary authority,
Whereas:






(1)


The term of office of the Director of Europol appointed by Council Act of 6 April 2009 (3) is due to expire on 15 April 2013.










(2)


The Director of Europol is appointed for a 4-year period which may be extended once for not more than 4 years in accordance with Article 38(1) of the Council Decision establishing the European Police Office (Europol).










(3)


The Management Board of Europol presented the Council with an opinion proposing that the term of office of the Director of Europol Mr Robert WAINWRIGHT be extended for a 4-year term.










(4)


On the basis of the opinion provided by the Management Board of Europol, the Council wishes to extend the term of office of Mr Robert WAINWRIGHT as the Director of Europol,




HAS DECIDED AS FOLLOWS:
Article 1
The term of office of Mr Robert WAINWRIGHT is hereby extended from 16 April 2013 to 15 April 2017.
Subject to the approval of the Europol’s multiannual Staff Policy Plan 2013-15 by the budgetary authority, Mr Robert WAINWRIGHT is appointed at grade AD 15, step 2 as from 16 April 2013.
Article 2
This Act shall be published in the Official Journal of the European Union.

Done at Brussels, 8 March 2012.


For the Council


The President

M. BØDSKOV




(1)  OJ L 121, 15.5.2009, p. 37.

(2)  OJ L 348, 29.12.2009, p. 3.

(3)  OJ C 111, 15.5.2009, p. 4.
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2012-03-08
Institutions: European Commission
Subjects: Germany, State aid, control of State aid, research and development, small and medium-sized enterprises, venture capital








C_2012070EN.01000701.xml










8.3.2012   


EN


Official Journal of the European Union


C 70/7





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2012/C 70/03






Date of adoption of the decision


20.9.2011




Reference number of State aid


SA.32520 (11/N)




Member State


Germany




Region


—




Title (and/or name of the beneficiary)


High-Tech Gründerfonds II




Legal basis


Gesellschaftsvertrag der High-Tech Gründerfonds II GmbH & Co. KG; Anlagerichtlinien für den High-Tech Gründerfonds; Geschäftsordnungen für die Investitionskomitees der High-Tech Gründerfonds Komitee GmbH




Type of measure


Aid scheme




Objective


Risk capital, Research and development, Small and medium-sized enterprises




Form of aid


Provision of risk capital




Budget


Overall budget: EUR 240 million




Intensity


—




Duration (period)


Until 31.7.2018




Economic sectors


All sectors




Name and address of the granting authority







Bundesministerium für Wirtschaft und Technologie




Villemombler Straße 76




53123 Bonn




DEUTSCHLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Non-opposition to a notified concentration (Case COMP/M.6475 — AXA REIM/CBRE PFCE Management/Warsaw III)  Text with EEA relevance
Date: 2012-03-08
Institutions: European Commission
Subjects: economic concentration, merger control, property market, real estate business








C_2012070EN.01000801.xml










8.3.2012   


EN


Official Journal of the European Union


C 70/8





Non-opposition to a notified concentration
(Case COMP/M.6475 — AXA REIM/CBRE PFCE Management/Warsaw III)
(Text with EEA relevance)
2012/C 70/04
On 5 March 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6475. EUR-Lex is the on-line access to the European law.
Case F-49/11: Order of the Civil Service Tribunal of 8 March 2012 — BE v Commission
Date: 2012-03-08
Institutions: Civil Service Tribunal
Subjects: European civil service, health expenditure, indemnification, medical data








C_2013046EN.01003302.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/33





Order of the Civil Service Tribunal of 8 March 2012 — BE v Commission
(Case F-49/11) (1)

2013/C 46/68
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 186, 25.6.2011, p. 36.