do-me/EUR-LEX huggingface dataset:
Case C-522/10: Judgment of the Court (Third Chamber) of 19 July 2012 (reference for a preliminary ruling from the Sozialgericht Würzburg — Germany) — Doris Reichel-Albert v Deutsche Rentenversicherung Nordbayern (Social security for migrant workers — Regulation (EC) No 987/2009 — Article 44(2) — Examination of entitlement to old-age pension — Taking into account of child-raising periods completed in another Member State — Applicability — Article 21 TFEU — Free movement of citizens)
Date: 2012-07-19
Institutions: Court of Justice
Subjects: child of migrant, migrant worker, social-security benefit, social-security harmonisation








C_2012295EN.01000302.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/3





Judgment of the Court (Third Chamber) of 19 July 2012 (reference for a preliminary ruling from the Sozialgericht Würzburg — Germany) — Doris Reichel-Albert v Deutsche Rentenversicherung Nordbayern
(Case C-522/10) (1)

(Social security for migrant workers - Regulation (EC) No 987/2009 - Article 44(2) - Examination of entitlement to old-age pension - Taking into account of child-raising periods completed in another Member State - Applicability - Article 21 TFEU - Free movement of citizens)
2012/C 295/05
Language of the case: German

Referring court

Sozialgericht Würzburg

Parties to the main proceedings


Applicant: Doris Reichel-Albert

Defendant: Deutsche Rentenversicherung Nordbayern

Re:

Reference for a preliminary ruling — Sozialgericht Würzburg — Interpretation of Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ 2009 L 284, p. 1) — Conditions for taking into account child-raising periods completed in another Member State for the purpose of examining entitlement to old-age pension — National legislation making the taking into account of such periods subject to the requirement that the person concerned, during the raising or immediately before the birth of the child, pursued employed or self-employed activity by way of compulsory contribution period, giving rise to the possibility that a child-raising period might not be taken into account either in the Member State of residence during the child-raising period or in the competent Member State

Operative part of the judgment

In a situation such as that at issue in the main proceedings, Article 21 TFEU must be interpreted as meaning that it requires the competent institution of a first Member State, for the purposes of granting an old-age pension, to take account of child-raising periods completed in a second Member State as though those periods had been completed on its national territory by a person who pursued employed or self-employed activity only in that first Member State and who, at the time of the birth of his of her child, had temporarily stopped working and had, solely on family-related grounds, established his or her place of residence in the territory of the second Member State.


(1)  OJ C 30, 29.1.2011.
Case C-377/11: Judgment of the Court (First Chamber) of 19 July 2012 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — International Bingo Technology SA v Tribunal Económico-Administrativo Regional de Cataluña (TEARC) (Sixth VAT Directive — Articles 11A(1)(a), 17(5) and 19(1) — Organisation of games of bingo — Legal obligation to use part of the card price to pay winnings to players — Calculation of the basis of assessment)
Date: 2012-07-19
Institutions: Court of Justice
Subjects: Catalonia, Spain, VAT, basis of tax assessment, game of chance, tax harmonisation








C_2012295EN.01001502.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/15





Judgment of the Court (First Chamber) of 19 July 2012 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — International Bingo Technology SA v Tribunal Económico-Administrativo Regional de Cataluña (TEARC)
(Case C-377/11) (1)

(Sixth VAT Directive - Articles 11A(1)(a), 17(5) and 19(1) - Organisation of games of bingo - Legal obligation to use part of the card price to pay winnings to players - Calculation of the basis of assessment)
2012/C 295/25
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties to the main proceedings


Applicant: International Bingo Technology SA

Defendant: Tribunal Económico-Administrativo Regional de Cataluña (TEARC)

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de Cataluña — Interpretation of Article 11A(1)(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) — Taxable amount — Organisation of games of bingo — Sale of tickets to players — Use of part of the sums thus collected to pay out winnings to players

Operative part of the judgment







1.


Article 11A(1)(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, as amended by Council Directive 98/80/EC of 12 October 1998, must be interpreted as meaning that, in the case of the sale of bingo cards such as those at issue in the main proceedings, the taxable amount for VAT does not include the portion of the card price fixed in advance by legislation and intended to be used to pay winnings to players;










2.


Articles 17(5) and 19(1) of Sixth Directive 77/388, as amended by Directive 98/80, must be interpreted as meaning that the Member States may not provide that, for the purposes of calculating the deductible proportion of VAT, the portion, fixed in advance by legislation, of the bingo card price which must be returned to players as winnings is to be regarded as forming part of the turnover which must be included in the denominator of the fraction referred to in Article 19(1).






(1)  OJ C 290, 1.10.2011.
Commission Implementing Regulation (EU) No 661/2012 of 19 July 2012 correcting the Slovenian version of Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis
Date: 2012-07-19
Institutions: European Commission
Subjects: analytical chemistry, olive oil, qualitative analysis








L_2012192EN.01000301.xml










20.7.2012   


EN


Official Journal of the European Union


L 192/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 661/2012
of 19 July 2012
         
correcting the Slovenian version of Commission Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 113(1)(a) and 121(h) in conjunction with Article 4 thereof,

Whereas:







(1)


The Slovenian language version of Regulation (EEC) No 2568/91 as amended by Commission Regulation (EU) No 61/2011 (2) contains an error, i.e. in Annex XX, point 4.2, the wording "the purity must be checked" is erroneous. Therefore a correction of the Slovenian language version is necessary. The other language versions are not affected.












(2)


Regulation (EEC) No 2568/91 should therefore be corrected accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
Concerns only the Slovenian language version.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 23, 27.1.2011, p. 1.
Case T-323/12: Action brought on 19 July 2012 — Knauf Insulation Technology v OHIM — Saint Gobain Cristaleria (ECOSE)
Date: 2012-07-19
Institutions: General Court
Subjects: EU trade mark, building insulation, glass, registered trade mark, trade-mark law








C_2012295EN.01002601.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/26





Action brought on 19 July 2012 — Knauf Insulation Technology v OHIM — Saint Gobain Cristaleria (ECOSE)
(Case T-323/12)
2012/C 295/46
Language in which the application was lodged: English

Parties


Applicant: Knauf Insulation Technology (Visé, Belgium) (represented by: K. Manhaeve, lawyer)

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

Other party to the proceedings before the Board of Appeal: Saint Gobain Cristaleria, SL (Madrid, Spain)

Form of order sought







—


Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 17 April 2012 in case R 259/2011-5 insofar as it has declared the opponent’s opposition successful against the CTM application for part of the goods and services applied for;










—


Order the defendant and — if applicable — the Opponent to jointly and severally pay all the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ECOSE’, for goods and services in classes 1, 2, 3, 16, 17, 19, 20 and 40 — Community trade mark application No W00993849

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Spanish trade mark registration No 2556409 of the word mark ‘ECOSEC FACHADAS’, for goods in classes 17 and 19

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Board of Appeal: Partially annulled the contested decision and dismissed the appeal and confirmed the contested decision for the remainder

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009
Case C-451/11: Judgment of the Court (Second Chamber) of 19 July 2012 (reference for a preliminary ruling from the Verwaltungsgericht Giessen — Germany) — Natthaya Dülger v Wetteraukreis (EEC-Turkey Association Agreement — Association Council Decision No 1/80 — Article 7, first paragraph — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who was married to a Turkish worker and lived with him for more than three years)
Date: 2012-07-19
Institutions: Court of Justice
Subjects: Thailand, Türkiye, association agreement (EU), mixed marriage, residence, social-security benefit








C_2012295EN.01001601.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/16





Judgment of the Court (Second Chamber) of 19 July 2012 (reference for a preliminary ruling from the Verwaltungsgericht Giessen — Germany) — Natthaya Dülger v Wetteraukreis
(Case C-451/11) (1)

(EEC-Turkey Association Agreement - Association Council Decision No 1/80 - Article 7, first paragraph - Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State - Thai national who was married to a Turkish worker and lived with him for more than three years)
2012/C 295/26
Language of the case: German

Referring court

Verwaltungsgericht Giessen

Parties to the main proceedings


Applicant: Natthaya Dülger

Defendant: Wetteraukreis

Re:

Reference for a preliminary ruling — Verwaltungsgericht Giessen — Interpretation of the first indent of the first paragraph of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Association Agreement between the European Economic Community and Turkey — Right of residence of members of a family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who cohabited with her Turkish husband for more than three years and until her divorce

Operative part of the judgment

The first paragraph of Article 7 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, which was signed at Ankara on 12 September 1963 by the Republic of Turkey and by the Member States of the EEC and the Community, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963, must be interpreted as meaning that a member of the family of a Turkish worker, who is a national of a third country other than Turkey, may invoke, in the host Member State, the rights arising from that provision, where all the other conditions laid down by the provision have been fulfilled.


(1)  OJ C 347, 26.11.2011.
Case T-330/12: Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)
Date: 2012-07-19
Institutions: General Court
Subjects: EU trade mark, distance selling, registered trade mark, textile industry, trade-mark law








C_2012295EN.01002701.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/27





Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)
(Case T-330/12)
2012/C 295/48
Language in which the application was lodged: English

Parties


Applicant: The Hut.com Ltd (Northwich, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal: Intersport France (Longjumeau, France)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 April 2012 in case R 814/2011-2; and










—


Order the defendant and the other party before the Board of Appeal to bear their own costs and pay those of the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘THE HUT’, for inter alias services in class 35 — Community trade mark application No 8394091

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: French trade mark registration No 33228708 of the word mark ‘LA HUTTE’, for goods in classes 3, 5, 18, 22, 25 and 28

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Partially annulled the contested decision

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009
Case C-346/12 P: Appeal brought on 19 July 2012 by DMK Deutsches Milchkontor GmbH (formerly Nordmilch AG) against the judgment of the General Court (Fourth Chamber) delivered on 22 May 2012 in Case T-546/10 Nordmilch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-07-19
Institutions: Court of Justice
Subjects: EU trade mark, medical device, milk product, registered trade mark, trade-mark law








C_2012287EN.01002603.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/26





Appeal brought on 19 July 2012 by DMK Deutsches Milchkontor GmbH (formerly Nordmilch AG) against the judgment of the General Court (Fourth Chamber) delivered on 22 May 2012 in Case T-546/10 Nordmilch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-346/12 P)
2012/C 287/51
Language of the case: German

Parties


Appellant: DMK Deutsches Milchkontor GmbH (formerly Nordmilch AG) (represented by: W. Berlit, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Lactimilk, SA

Form of order sought







—


Set aside points 1 and 2 of the operative part of the judgment of the General Court of 22 May 2012 (Case T-546/10);










—


grant in full the applications made at first instance;










—


order Lactimilk, SA to pay the costs incurred by the appellant in the entire proceedings.





Pleas in law and main arguments

The appellant submits that the contested decision of the General Court should be set aside because the General Court wrongly found a similarity between the trade mark applied for by the appellant and the trade marks of Lactimilk SA, and thus, in concluding that there is a likelihood of confusion, incorrectly applied Article 8(1)(b) of Regulation No 40/94. The General Court erred in failing to compare the marks actually at issue as written in the manner in which they were applied for or registered (that is in capital letters), instead examining the likelihood of confusion on the basis of both marks written differently. In so doing the General Court distorted the facts. Moreover, the General Court wrongly assumed that the stress in the trade mark applied for falls on the second syllable, notwithstanding the fact that the trade mark applied for is written in capital letters so that, on the basis of the way in which it would be understood in Spanish also, there can be no question of the stress in the trade mark applied for falling only on the second syllable.
Case C-130/10: Judgment of the Court (Grand Chamber) of 19 July 2012 — European Parliament v Council of the European Union (Common foreign and security policy — Regulation (EC) No 881/2002 — Regulation (EU) No 1286/2009 — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Choice of legal basis — Articles 75 TFEU and 215 TFEU — Entry into force of the Treaty of Lisbon — Transitional provisions — CFSP common positions and decisions — Joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the Commission)
Date: 2012-07-19
Institutions: Court of Justice
Subjects: economic sanctions, international sanctions, legal basis, terrorism








C_2012295EN.01000202.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/2





Judgment of the Court (Grand Chamber) of 19 July 2012 — European Parliament v Council of the European Union
(Case C-130/10) (1)

(Common foreign and security policy - Regulation (EC) No 881/2002 - Regulation (EU) No 1286/2009 - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Freezing of funds and economic resources - Choice of legal basis - Articles 75 TFEU and 215 TFEU - Entry into force of the Treaty of Lisbon - Transitional provisions - CFSP common positions and decisions - Joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the Commission)
2012/C 295/03
Language of the case: English

Parties


Applicant: European Parliament (represented initially by E. Perillo and K. Bradley, and subsequently by A. Auersperger Matić and U. Rösslein, acting as Agents)

Defendant: Council of the European Union (represented by: M. Bishop and R. Szostak, acting as Agents)

Intervening parties in support of the Defendant: Czech Republic (represented by: M. Smolek, E. Ruffer and K. Najmanová, acting as Agents), French Republic (represented by: G. de Bergues and A. Adam, acting as Agents), Kingdom of Sweden (represented by: A. Falk and C. Meyer-Seitz, acting as Agents), European Commission (represented by: S. Boelaert and M. Konstantinidis, acting as Agents)

Re:

Annulment of decision — Action for annulment — Annulment of Council Regulation (EU) No 1286/2009 of 22 December 2009 amending Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban (OJ 2009 L 346, p. 42) — Choice of legal basis

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Parliament to pay the costs;










3.


Orders the Czech Republic, the French Republic, the Kingdom of Sweden and the European Commission to bear their own costs.






(1)  OJ C 134, 22.5.2010.
Case C-62/11: Judgment of the Court (Grand Chamber) of 19 July 2012 (reference for a preliminary ruling from the Hessisches Landessozialgericht, Darmstadt (Germany)) — Land Hessen v Florence Feyerbacher (Protocol on the Statute of the European System of Central Banks and of the ECB — Article 36 — Protocol on the Privileges and Immunities of the European Communities — Articles 13, 15 and 23 — ECB Headquarters Agreement — Article 15 — Applicability to ECB staff of the provisions of German social welfare law providing for a parental allowance)
Date: 2012-07-19
Institutions: Court of Justice
Subjects: European Central Bank, European official, Germany, regulations for civil servants, social-security benefit








C_2012295EN.01000802.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/8





Judgment of the Court (Grand Chamber) of 19 July 2012 (reference for a preliminary ruling from the Hessisches Landessozialgericht, Darmstadt (Germany)) — Land Hessen v Florence Feyerbacher
(Case C-62/11) (1)

(Protocol on the Statute of the European System of Central Banks and of the ECB - Article 36 - Protocol on the Privileges and Immunities of the European Communities - Articles 13, 15 and 23 - ECB Headquarters Agreement - Article 15 - Applicability to ECB staff of the provisions of German social welfare law providing for a parental allowance)
2012/C 295/13
Language of the case: German

Referring court

Hessisches Landessozialgericht, Darmstadt

Parties to the main proceedings


Appellant: Land Hessen

Respondent: Florence Feyerbacher

Re:

Reference for a preliminary ruling — Hessisches Landessozialgericht, Darmstadt — Interpretation of Article 15 of the Agreement of 18 September 1998 between the Government of the Federal Republic of Germany and the European Central Bank on the Headquarters of that institution, in conjunction with Article 36 of the Protocol on the Statute of the European System of Central Banks and the European Central Bank — Right of a German official of the European Central Bank to receive a parental allowance provided for under German law — Classification of the Agreement on the Headquarters of the European Central Bank as part of European Union law or as an international treaty — Applicability of the provisions of German social law providing for the parental allowance to employees of the European Central Bank

Operative part of the judgment

Article 15 of the Agreement of 18 September 1998 between the German Government and the European Central Bank on the Headquarters of that institution, read in conjunction with Article 36 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, in the version annexed to the EC Treaty, does not preclude the Federal Republic of Germany from being able to grant an allowance such as that at issue in the main proceedings.


(1)  OJ C 145, 14.5.2011.