do-me/EUR-LEX huggingface dataset:
Case C-259/11: Judgment of the Court (Sixth Chamber) of 5 July 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — DTZ Zadelhoff vof v Staatssecretaris van Financiën (Sixth VAT Directive — Articles 5(3)(c) and 13B(d)(5) — Negotiation of a transaction involving the transfer of company shares — Transaction which also entails the transfer of the ownership of immovable property held by such companies — Exemption)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, real property








C_2012287EN.01001401.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/14





Judgment of the Court (Sixth Chamber) of 5 July 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — DTZ Zadelhoff vof v Staatssecretaris van Financiën
(Case C-259/11) (1)

(Sixth VAT Directive - Articles 5(3)(c) and 13B(d)(5) - Negotiation of a transaction involving the transfer of company shares - Transaction which also entails the transfer of the ownership of immovable property held by such companies - Exemption)
2012/C 287/23
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: DTZ Zadelhoff vof

Defendant: Staatssecretaris van Financiën

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 5(3)(c) and 13B(d)(5) 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) — Exemptions laid down in the Sixth Directive — Transactions relating to the securities referred to in Article 13B(d)(5) — Transfer of shares of companies also entailing the transfer of the ownership of immovable property belonging to those companies.

Operative part of the judgment

Article 13B(d)(5) 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 must be interpreted as meaning that the exemption from value added tax in that provision covers transactions, such as those at issue in the main proceedings, which are designed to transfer shares in the companies concerned and have that effect but which, in the final analysis, concern immovable property held by those companies and the (indirect) transfer of that property. The exception to the exemption provided for in the second indent of that provision is not applicable if the Member State has not availed itself of the possibility provided by Article 5(3)(c) of the Sixth Directive of considering shares or interests equivalent to shares giving the holder thereof de jure or de facto rights of ownership or possession over immovable property to be tangible property.


(1)  OJ C 252, 27.8.2011.
Case C-527/10: Judgment of the Court (First Chamber) of 5 July 2012 (reference for a preliminary ruling from the Legfelsőbb Bíróság — Hungary) — ERSTE Bank Hungary Nyrt v Magyar Állam, BCL Trading GmbH, ERSTE Befektetési Zrt (Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a State not a member of the European Union — Insolvency proceedings opened against the debtor in another Member State — First State became a member of the European Union — Applicability)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: credit guarantee, financial solvency, judicial cooperation in civil matters in the EU, judicial proceedings








C_2012287EN.01000401.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/4





Judgment of the Court (First Chamber) of 5 July 2012 (reference for a preliminary ruling from the Legfelsőbb Bíróság — Hungary) — ERSTE Bank Hungary Nyrt v Magyar Állam, BCL Trading GmbH, ERSTE Befektetési Zrt
(Case C-527/10) (1)

(Judicial cooperation in civil matters - Insolvency proceedings - Regulation (EC) No 1346/2000 - Article 5(1) - Temporal application - Action in rem brought in a State not a member of the European Union - Insolvency proceedings opened against the debtor in another Member State - First State became a member of the European Union - Applicability)
2012/C 287/06
Language of the case: Hungarian

Referring court

Legfelsőbb Bíróság

Parties to the main proceedings


Applicant: ERSTE Bank Hungary Nyrt

Defendant: Magyar Állam, BCL Trading GmbH, ERSTE Befektetési Zrt

Re:

Reference for a preliminary ruling — Legfelsőbb Bíróság — Interpretation of Article 5(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — Action in rem brought in the Member State where the subject of the right in rem is situated against a defendant with its registered office in another Member State and against which insolvency proceedings were commenced in that latter State before the accession of the former State to the European Union — Temporal applicability of Article 5(1) of Regulation (EC) No 1346/2000

Operative part of the judgment

Article 5(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that that provision is applicable, in circumstances such as those in the main proceedings, even to insolvency proceedings opened before the accession of the Republic of Hungary to the European Union where, on 1 May 2004, the debtor’s assets on which the right in rem concerned was based were situated in that State, which is for the referring court to ascertain.


(1)  OJ C 30, 29.1.2011.
Euro exchange rates
Date: 2012-07-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2012197EN.01000701.xml










5.7.2012   


EN


Official Journal of the European Union


C 197/7





Euro exchange rates (1)

4 July 2012
2012/C 197/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2560




JPY


Japanese yen


100,28




DKK


Danish krone


7,4366




GBP


Pound sterling


0,80320




SEK


Swedish krona


8,6876




CHF


Swiss franc


1,2013




ISK


Iceland króna


 




NOK


Norwegian krone


7,5165




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,500




HUF


Hungarian forint


285,36




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6964




PLN


Polish zloty


4,2066




RON


Romanian leu


4,4764




TRY


Turkish lira


2,2677




AUD


Australian dollar


1,2221




CAD


Canadian dollar


1,2726




HKD


Hong Kong dollar


9,7397




NZD


New Zealand dollar


1,5635




SGD


Singapore dollar


1,5876




KRW


South Korean won


1 428,07




ZAR


South African rand


10,2134




CNY


Chinese yuan renminbi


7,9727




HRK


Croatian kuna


7,4933




IDR


Indonesian rupiah


11 748,77




MYR


Malaysian ringgit


3,9621




PHP


Philippine peso


52,275




RUB


Russian rouble


40,5534




THB


Thai baht


39,533




BRL


Brazilian real


2,5362




MXN


Mexican peso


16,7927




INR


Indian rupee


68,4360






(1)  Source: reference exchange rate published by the ECB.
Case T-466/09: Judgment of the General Court of 5 July 2012 — Comercial Losan v OHIM — McDonald’s International Property (Mc. Baby) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Mc. Baby — Earlier Community figurative mark Mc Kids. always quality. always fun! — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-07-05
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2012243EN.01001602.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/16





Judgment of the General Court of 5 July 2012 — Comercial Losan v OHIM — McDonald’s International Property (Mc. Baby)
(Case T-466/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Mc. Baby - Earlier Community figurative mark Mc Kids. always quality. always fun! - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 243/30
Language of the case: Spanish

Parties


Applicant: Comercial Losan, SLU (Zaragoza, Spain) (represented by: A. Vela Ballesteros, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: McDonald’s International Property Co. Ltd (Wilmington, Delaware, United States)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 September 2009 (Case R 1706/2008-1) concerning opposition proceedings between McDonald’s International Property Co. Ltd and Comercial Losan, SLU.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Comercial Losan, SLU to pay the costs.






(1)  OJ C 24, 30.1.2010.
Corrigendum to Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 July 2008 ( OJ C 166, 1.7.2008 )
Date: 2012-07-05
Institutions: European Commission
Subjects: EU Member State, State aid, interest








C_2012197EN.01003301.xml










5.7.2012   


EN


Official Journal of the European Union


C 197/33





Corrigendum to Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 July 2008
(
Official Journal of the European Union C 166 of 1 July 2008
)
2012/C 197/10
On page 2, the following text should be added:
‘
Commission notice — State aid recovery interest rates for the period 14 April 2008 to 30 June 2008
Commission Regulation (EC) No 271/2008 of 30 January 2008 amended Regulation (EC) No 794/2004 inter alia as concerns the method for fixing the recovery interest rates. According to Article 9(2) of Regulation (EC) No 794/2004, as modified by Article 1 of Regulation (EC) No 271/2008, “the interest rate shall be calculated by adding 100 basis points to the one-year money market rate”. Regulation (EC) No 271/2008 was published in the Official Journal L 82 of 25 March 2008. According to its Article 2, Regulation (EC) No 271/2008 enters into force 20 days after its publication in the Official Journal, i.e. on 14 April 2008.
In line with Article 10 of Regulation (EC) No 794/2004 (provision not modified by the Regulation (EC) No 271/2008), the Commission publishes “current and relevant historical State aid recovery interest rates in the Official Journal of the European Union and for information on the Internet”. The recovery interest rates applicable on the basis of Regulation (EC) No 271/2008 have not yet been published for the period between 14 April and 30 June 2008. In order to complement the data series for the State aid recovery interest rates, and to bring the published rates in line with the method and provisions foreseen in the Regulation (EC) No 271/2008, the following table is published in the Official Journal. These changes to the rates will be applicable as from the date of their publication in the Official Journal.


Commission notice — State aid recovery interest rates for the period 14 April 2008 to 30 June 2008
Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.

































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.6.2008


30.6.2008


4,55


4,55


6,58


4,55


4,23


4,55


4,75


6,96


4,55


4,55


4,55


4,55


7,64


4,55


4,55


6,73


4,55


11,09


4,55


4,55


6,14


4,55


11,02


4,66


4,55


4,39


5,60




14.4.2008


31.5.2008


4,55


4,55


6,58


4,55


4,23


4,55


4,75


6,96


4,55


4,55


4,55


4,55


7,64


4,55


4,55


6,73


4,55


11,09


4,55


4,55


6,14


4,55


9,25


4,66


4,55


4,39


5,60




’
Case C-49/11: Judgment of the Court (Third Chamber) of 5 July 2012 (reference for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Content Services Ltd v Bundesarbeitskammer (Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: Internet address, consumer protection, distance selling, interpretation of the law








C_2012287EN.01000801.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/8





Judgment of the Court (Third Chamber) of 5 July 2012 (reference for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Content Services Ltd v Bundesarbeitskammer
(Case C-49/11) (1)

(Reference for a preliminary ruling - Directive 97/7/EC - Consumer protection - Distance contracts - Consumer information - Information given or received - Durable medium - Meaning - Hyperlink on the website of the supplier - Right of withdrawal)
2012/C 287/12
Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings


Applicant: Content Services Ltd

Defendant: Bundesarbeitskammer

Re:

Reference for a preliminary ruling — Oberlandesgericht Wien — Interpretation of Article 5(1) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ 1997 L 144, p. 19) — Information concerning the contract made available to the consumer via a hyperlink to the supplier's website — Right of the consumer to receive that information in a durable medium — Interpretation of the notion of ‘durable medium’

Operative part of the judgment

Article 5(1) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts must be interpreted as meaning that a business practice consisting of making the information referred to in that provision accessible to the consumer only via a hyperlink on a website of the undertaking concerned does not meet the requirements of that provision, since that information is neither ‘given’ by that undertaking nor ‘received’ by the consumer, within the meaning of that provision, and a website such as that at issue in the main proceedings cannot be regarded as a ‘durable medium’ within the meaning of Article 5(1).


(1)  OJ C 145, 14.5.2011.
Case T-209/10: Judgment of the General Court of 5 July 2012 — Deutscher Ring v OHIM (Deutscher Ring Sachversicherungs-AG) (Community trade mark — Application for Community word mark Deutscher Ring Sachversicherungs-AG — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2012-07-05
Institutions: General Court
Subjects: EU trade mark, insurance company, registered trade mark, trade-mark law








C_2012243EN.01001701.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/17





Judgment of the General Court of 5 July 2012 — Deutscher Ring v OHIM (Deutscher Ring Sachversicherungs-AG)
(Case T-209/10) (1)

(Community trade mark - Application for Community word mark Deutscher Ring Sachversicherungs-AG - Absolute grounds for refusal - Descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2012/C 243/31
Language of the case: German

Parties


Applicant: Deutscher Ring Sachversicherungs-AG (Hamburg, Germany) (represented by: E. Busse, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 March 2010 (Case R 1290/2009-1) concerning an application for registration of the word mark Deutscher Ring Sachversicherungs-AG as a Community trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 March 2010 (Case R 1290/2009-1);










2.


Orders OHIM to pay the costs.






(1)  OJ C 179, 3.7.2010.
Case C-467/11 P: Order of the Court (First Chamber) of 5 July 2012 — Audi AG, Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Appeal which has become devoid of purpose — No need to adjudicate)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: EU trade mark, equal treatment, motor vehicle industry, trade-mark law








C_2012303EN.01000502.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/5





Order of the Court (First Chamber) of 5 July 2012 — Audi AG, Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-467/11 P) (1)

(Appeal - Community trade mark - Appeal which has become devoid of purpose - No need to adjudicate)
2012/C 303/09
Language of the case: German

Parties


Appellants: Audi AG, Volkswagen AG (represented by: P. Kather, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 6 July 2011 in Case T-318/09 Audi and Volkswagen v OHMI (TDI), by which the General Court dismissed the action for annulment brought against the decision of the First Board of Appeal of OHIM of 14 May 2009 (Case R 226/2007-1), concerning an application for registration of the word sign TDI as a Community trade mark for the goods in Class 12 (Vehicles and constructive parts thereof’) — Infringement of Articles 7(1)(c) and 7(3) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctive character of the word sign TDI

Operative part of the order







1.


There is no need to adjudicate on the appeal.










2.


Audi AG and Volkswagen AG are ordered to pay the costs.






(1)  OJ C 347, 26.11.2011.
Case C-70/11: Order of the President of the Eighth Chamber of the Court of 5 July 2012 — European Commission v Kingdom of Sweden
Date: 2012-07-05
Institutions: Court of Justice
Subjects: Sweden, consumer protection, distance selling, financial transaction, termination of a contract








C_2012366EN.01002702.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/27





Order of the President of the Eighth Chamber of the Court of 5 July 2012 — European Commission v Kingdom of Sweden
(Case C-70/11) (1)

2012/C 366/49
Language of the case: Swedish
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 120, 16.4.2011.
Case C-558/10: Judgment of the Court (Third Chamber) of 5 July 2012 (reference for a preliminary ruling from the Tribunal de grande instance de Chartres — France) — Michel Bourgès-Maunoury, Marie-Louise Heintz, wife of Mr Bourgès-Maunoury v Direction des services fiscaux d’Eure-et-Loir (Privileges and immunities of the European Communities — Exemption from national taxes on salaries paid by the European Union — Inclusion of income paid by the European Union in the calculation of the cap for wealth tax)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: Protocol (EU), interpretation of the law, tax relief








C_2012287EN.01000501.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/5





Judgment of the Court (Third Chamber) of 5 July 2012 (reference for a preliminary ruling from the Tribunal de grande instance de Chartres — France) — Michel Bourgès-Maunoury, Marie-Louise Heintz, wife of Mr Bourgès-Maunoury v Direction des services fiscaux d’Eure-et-Loir
(Case C-558/10) (1)

(Privileges and immunities of the European Communities - Exemption from national taxes on salaries paid by the European Union - Inclusion of income paid by the European Union in the calculation of the cap for wealth tax)
2012/C 287/07
Language of the case: French

Referring court

Tribunal de grande instance de Chartres

Parties to the main proceedings


Applicant: Michel Bourgès-Maunoury, Marie-Louise Heintz, wife of Mr Bourgès-Maunoury

Defendant: Direction des services fiscaux d’Eure-et-Loir

Re:

Reference for a preliminary ruling — Tribunal de grande instance de Chartres –Interpretation of the second paragraph of Article 13 of Chapter V of the Protocol on the privileges and immunities of the European Communities (OJ 1967, 152, p. 13) — Validity of national legislation providing that the entirety of a taxpayer’s income, including Community income, is to be taken into account in calculating the cap on wealth tax — Exemption from national taxes on remuneration paid by the Communities — Former officials of the European Communities

Operative part of the judgment

The second paragraph of Article 13 of the Protocol on the Privileges and Immunities of the European Communities, initially annexed to the Treaty establishing a single Council and a single Commission of the European Communities, and subsequently, under the Amsterdam Treaty, to the EC Treaty must be interpreted as meaning that it precludes national legislation such as that at issue in the main proceedings which takes account of the income, including the pensions and allowances on termination of service, paid by the European Union to its officials and other staff, or to its former officials and former staff, in calculating the cap on a tax such as the wealth tax.


(1)  OJ C 46, 12.2.2011.