do-me/EUR-LEX huggingface dataset:
New national side of euro coins intended for circulation
Date: 2012-04-11
Institutions: European Commission
Subjects: France, commemoration, euro, issuing of currency








C_2012103EN.01000301.xml










11.4.2012   


EN


Official Journal of the European Union


C 103/3





New national side of euro coins intended for circulation
2012/C 103/03




National side of the new commemorative 2-euro coin intended for circulation and issued by France

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: France
Subject of commemoration: The 100th anniversary of the birth of the Abbé Pierre, famous in France as protector of the Poor
Description of the design: The coin depicts a portrait of the Abbé Pierre, with its béret, and the logo of its foundation, with a microtext mentioning ‘Et les autres?’ which was its favorite motto to recall that one should never forget to help the others. The letters ‘RF’ do appear for ‘République française’ together with the horn of plenty, mintmark of Monnaie de Paris on the left side, and the ‘fleurette’, hallmark of the engraving workshop on the right side.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued: 1 million
Date of issue: July 2012


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-161/12: Action brought on 11 April 2012 — Free v OHIM — Conradi + Kaiser (FreeLounge)
Date: 2012-04-11
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications industry, trade-mark law








C_2012194EN.01002201.xml










30.6.2012   


EN


Official Journal of the European Union


C 194/22





Action brought on 11 April 2012 — Free v OHIM — Conradi + Kaiser (FreeLounge)
(Case T-161/12)
2012/C 194/37
Language in which the application was lodged: French

Parties


Applicant: Free (Paris, France) (represented by: Y. Coursin, lawyer)

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

Other party to the proceedings before the Board of Appeal: Conradi + Kaiser GmbH (Kleinmaischeid, Germany)

Form of order sought

The applicant claims that the Court should:






—


annul in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 January 2012 in Case R 437/2011-2;










—


rule that the application for registration of the disputed mark should be rejected in its entirety on the basis of Article 8(1)(b) of Regulation No 207/2009; and










—


order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, both before the Court and before OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: the other party to the proceedings before the Board of Appeal

Community trade mark concerned: the word mark ‘FreeLounge’ for goods and services in Classes 16, 35 and 41 — application for registration No 8442832

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

Mark or sign cited in opposition: the French figurative mark No 99785839 ‘free LA LIBERTÉ N’A PAS DE PRIX’ for goods and services in Classes 9 and 38; the French word mark No 1734391 ‘FREE’ for services in Class 38; the company name ‘FREE’ used in the course of trade in France; the domain name ‘FREE.FR’ used in the course of trade

Decision of the Opposition Division: rejection of the application for the Community trade mark

Decision of the Board of Appeal: Partial annulment of the contested decision

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case T-163/12: Action brought on 11 April 2012 — Ternavsky v Council
Date: 2012-04-11
Institutions: General Court
Subjects: Belarus, economic sanctions, equal treatment, infringement of EU law, international sanctions








C_2012157EN.01001101.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/11





Action brought on 11 April 2012 — Ternavsky v Council
(Case T-163/12)
2012/C 157/19
Language of the case: French

Parties


Applicant: Anatoly Ternavsky (Moscow, Russia) (represented by: C. Rapin and E. Van den Haute, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible;










—


annul point 2 of Annex II to Council Implementing Decision 2012/171/CFSP of 23 March 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus, and point 2 of Annex II to Council Implementing Regulation (EU) No 265/2012 of 23 March 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus;










—


order the Council to pay the costs in their entirety;










—


order the Council to pay the costs under Article 87(6) in conjunction with Article 90(a) of the Rules of Procedure of the General Court if the Court decides that there is no need to adjudicate.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging a manifestly incorrect establishment of the facts as regards the reasons which resulted in the inclusion of the applicant’s name in the list of persons subject to sanctions, mentioned by the Council’s acts.










2.


Second plea in law, alleging that there is an insufficient statement of reasons for the contested acts inasmuch as the reasons stated are of no help in understanding the necessity for that inclusion.










3.


Third plea in law, alleging infringement of Decision 2010/639/CFSP and of Regulation (EC) No 765/2006, as amended, and of the principle of the prohibition of discrimination, first, in so far as the scope of those acts was extended to a businessman without establishing the conduct in support of the regime of President Lukashenko which may be attributed to him and, secondly, in so far as other businessmen, whom the Council also regards as close to the Belarusian authorities, have not, unlike the applicant, been included in the European sanctions lists.
Case T-165/12: Action brought on 11 April 2012 — European Dynamics Luxembourg and Evropaiki Dinamiki v Commission
Date: 2012-04-11
Institutions: General Court
Subjects: administrative transparency, infringement of EU law, invitation to tender








C_2012184EN.01001701.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/17





Action brought on 11 April 2012 — European Dynamics Luxembourg and Evropaiki Dinamiki v Commission
(Case T-165/12)
2012/C 184/30
Language of the case: Greek

Parties


Applicants: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) and Evropaiki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: V Christianos, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:






—


annul the European Commission decision CMS/cms D(2012)/00008 of 8 February 2012, which was communicated to the applicants on 9 February 2012, whereby the European Commission rejected the applicants’ tender in the closed tendering procedure EuropeAid/131431/C/SER/AL, and










—


order the Commission to pay the entirety of the applicant’s costs.





Pleas in law and main arguments

By this action, the applicants seek the annulment of the European Commission decision CMS/cms D(2012)/00008 of 8 February 2012, which was communicated to the applicants on 9 February 2012, whereby the European Commission rejected the applicants’ tender in the closed tendering procedure EuropeAid/131431/C/SER/AL.
The applicants claim that the contested decision should be annulled, in accordance with Article 263 TFEU, because of contravention of the rules of European Union law and, in particular, on the following three grounds:






1.


First, because of the infringement by the Commission of the principle of transparency, since the contested decision, even after the Commission’s letter of 21 February 2012, did not allow the tenderers to have access to the record of the Commission’s assessment.










2.


Second, because of the infringement by the Commission of the duty to state reasons:






—


because, in respect of the characteristics and advantages of the successful tenderer, even after the Commission’s letter of 21 February 2012, both the analytical score of the successful tenderer’s technical bid and the justification for that score were completely lacking in the contested decision.










—


Because in respect of the technical bid of the applicants themselves, the contested decision, even after the Commission’s letter of 21 February 2012, contained a completely inadequate statement of reasons for its score.
Euro exchange rates
Date: 2012-04-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2012103EN.01000201.xml










11.4.2012   


EN


Official Journal of the European Union


C 103/2





Euro exchange rates (1)

10 April 2012
2012/C 103/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3114




JPY


Japanese yen


106,48




DKK


Danish krone


7,4395




GBP


Pound sterling


0,82690




SEK


Swedish krona


8,8730




CHF


Swiss franc


1,2027




ISK


Iceland króna


 




NOK


Norwegian krone


7,5815




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,795




HUF


Hungarian forint


295,75




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6993




PLN


Polish zloty


4,1706




RON


Romanian leu


4,3707




TRY


Turkish lira


2,3624




AUD


Australian dollar


1,2741




CAD


Canadian dollar


1,3092




HKD


Hong Kong dollar


10,1834




NZD


New Zealand dollar


1,6043




SGD


Singapore dollar


1,6532




KRW


South Korean won


1 495,43




ZAR


South African rand


10,4085




CNY


Chinese yuan renminbi


8,2760




HRK


Croatian kuna


7,4738




IDR


Indonesian rupiah


12 014,32




MYR


Malaysian ringgit


4,0331




PHP


Philippine peso


56,187




RUB


Russian rouble


38,8980




THB


Thai baht


40,588




BRL


Brazilian real


2,3836




MXN


Mexican peso


17,0680




INR


Indian rupee


67,5040






(1)  Source: reference exchange rate published by the ECB.
Case C-171/12 P: Appeal brought on 11 April 2012 by Carrols Corp. against the judgment of the General Court (Eighth Chamber) delivered on 1 February 2012 in Case T-291/09 Carrols Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Mr Giulio Gambettola
Date: 2012-04-11
Institutions: Court of Justice
Subjects: infringement of EU law, right to justice, trade-mark law








C_2012174EN.01001902.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/19





Appeal brought on 11 April 2012 by Carrols Corp. against the judgment of the General Court (Eighth Chamber) delivered on 1 February 2012 in Case T-291/09 Carrols Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Mr Giulio Gambettola
(Case C-171/12 P)
2012/C 174/30
Language of the case: Spanish

Parties


Appellant: Carrols Corp. (represented by: I. Temiño Ceniceros, lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Mr Giulio Gambettola

Form of order sought







—


Set aside in its entirety the judgment of the General Court of 1 February 2012 in Case T-291/09;










—


uphold in their entirety the claims put forward by Carrols Corp. at first instance.





Pleas in law and main arguments

Infringement of European Union law by the General Court, as a result of breach of Article 52(1)(b) of Regulation No 207/2009 (1) and the case-law interpreting it.
In the judgment under appeal, the General Court concluded that ‘the fact that the signs at issue are identical does not establish bad faith on the part of the intervener, where there are no other relevant factors’.
Case C-529/07 Chocoladefabriken Lindt & Sprüngli [2009] ECR I-4893 makes clear that ‘[w]hether the applicant is acting in bad faith … must be the subject of an overall assessment, taking into account all the factors relevant to the particular case’ (paragraph 37 of the judgment). However, Carrols Corp. submits that the General Court erred by assessing each of the facts individually and in isolation, precluding an overall view being taken and unreasonably increasing the burden of proof on Carrols Corp., thereby prejudicing its right to an effective remedy.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-170/12: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 11 April 2012 — Peter Pinckney v KDG mediatech AG
Date: 2012-04-11
Institutions: Court of Justice
Subjects: Internet site, copyright, interpretation of the law, judicial cooperation in civil matters in the EU, jurisdiction, ownership, reprography








C_2012174EN.01001901.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/19





Reference for a preliminary ruling from the Cour de cassation (France) lodged on 11 April 2012 — Peter Pinckney v KDG mediatech AG
(Case C-170/12)
2012/C 174/29
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Peter Pinckney

Defendant: KDG mediatech AG

Questions referred







1.


Is Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) to be interpreted as meaning that, in the event of an alleged infringement of copyright committed by means of content placed online on a website,






—


the person who considers that his rights have been infringed has the option of bringing an action to establish liability before the courts of each Member State in the territory of which content placed online is or has been accessible, in order to obtain compensation solely in respect of the damage suffered on the territory of the Member State before which the action is brought,
or










—


does that content also have to be, or to have been, directed at the public located in the territory of that Member State, or must some other clear connecting factor be present?














2.


Is the answer to Question 1 the same if the alleged infringement of copyright results, not from the placing of dematerialised content online, but, as in the present case, from the online sale of a material carrier medium which reproduces that content?






(1)  OJ 2001 L 12, p. 1
New national side of euro coins intended for circulation
Date: 2012-04-11
Institutions: European Commission
Subjects: San Marino, commemoration, euro, issuing of currency








C_2012103EN.01000401.xml










11.4.2012   


EN


Official Journal of the European Union


C 103/4





New national side of euro coins intended for circulation
2012/C 103/04




National side of the new commemorative 2-euro coin intended for circulation and issued by San Marino

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: San Marino
Subject of commemoration: 10 years of the euro
Description of the design: The euro sign in the centre of the coin shows that the euro has become an element of particular importance in Europe as well all over the world as the euro evolved to a global player in the international monetary system in the last 10 years. The design elements around the euro symbol on the coin express the importance of the euro to the people, to the financial world (ECB tower), to trading (ships), to industry (factories), to the energy sector and to research and development (wind power stations). The initials ‘AH’ of the artist appear under the image of the ECB tower. The name of the issuing country ‘SAN MARINO’ appears at the top, the mintmark at the right-hand side, while the indication 2002-2012 appears at the bottom.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued: 
Date of issue: May 2012


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Euro exchange rates
Date: 2012-04-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2012103EN.01000101.xml










11.4.2012   


EN


Official Journal of the European Union


C 103/1





Euro exchange rates (1)

5 April 2012
2012/C 103/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3068




JPY


Japanese yen


107,06




DKK


Danish krone


7,4397




GBP


Pound sterling


0,8242




SEK


Swedish krona


8,8134




CHF


Swiss franc


1,2025




ISK


Iceland króna


 




NOK


Norwegian krone


7,5692




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,704




HUF


Hungarian forint


295,95




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6995




PLN


Polish zloty


4,1707




RON


Romanian leu


4,3728




TRY


Turkish lira


2,3468




AUD


Australian dollar


1,271




CAD


Canadian dollar


1,3042




HKD


Hong Kong dollar


10,1478




NZD


New Zealand dollar


1,6026




SGD


Singapore dollar


1,6476




KRW


South Korean won


1 479,25




ZAR


South African rand


10,2687




CNY


Chinese yuan renminbi


8,2398




HRK


Croatian kuna


7,482




IDR


Indonesian rupiah


11 945,92




MYR


Malaysian ringgit


4,0106




PHP


Philippine peso


55,897




RUB


Russian rouble


38,66




THB


Thai baht


40,511




BRL


Brazilian real


2,3942




MXN


Mexican peso


16,8244




INR


Indian rupee


66,875






(1)  Source: reference exchange rate published by the ECB.