do-me/EUR-LEX huggingface dataset:
Case T-497/11: Judgment of the General Court of 5 September 2012 — Euro-Information v OHIM (EURO AUTOMATIC PAIEMENT) (Community trade mark — Application for Community word mark EURO AUTOMATIC PAIEMENT — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2012-09-05
Institutions: General Court
Subjects: EU trade mark, banking, registered trade mark, trade-mark law








C_2012319EN.01000901.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/9





Judgment of the General Court of 5 September 2012 — Euro-Information v OHIM (EURO AUTOMATIC PAIEMENT)
(Case T-497/11) (1)

(Community trade mark - Application for Community word mark EURO AUTOMATIC PAIEMENT - Absolute ground for refusal - Descriptive nature - Article 7(1)(c) of Regulation (EC) No 207/2009)
2012/C 319/15
Language of the case: French

Parties


Applicant: Euro-Information — Européenne de traitement de l’information (Strasbourg, France) (represented by: A. Grolée, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 July 2011 (Case No R 370/2011-2), concerning an application to register the word mark EURO AUTOMATIC PAIEMENT as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Euro-Information — Européenne de traitement de l’information to pay the costs.






(1)  OJ C 370, 17.12.2011.
Euro exchange rates
Date: 2012-09-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2012267EN.01000101.xml










5.9.2012   


EN


Official Journal of the European Union


C 267/1





Euro exchange rates (1)

4 September 2012
2012/C 267/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2579




JPY


Japanese yen


98,58




DKK


Danish krone


7,4510




GBP


Pound sterling


0,79210




SEK


Swedish krona


8,4075




CHF


Swiss franc


1,2010




ISK


Iceland króna


 




NOK


Norwegian krone


7,2890




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,880




HUF


Hungarian forint


284,75




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1973




RON


Romanian leu


4,4915




TRY


Turkish lira


2,2881




AUD


Australian dollar


1,2267




CAD


Canadian dollar


1,2390




HKD


Hong Kong dollar


9,7568




NZD


New Zealand dollar


1,5818




SGD


Singapore dollar


1,5677




KRW


South Korean won


1 425,56




ZAR


South African rand


10,5390




CNY


Chinese yuan renminbi


7,9843




HRK


Croatian kuna


7,4725




IDR


Indonesian rupiah


12 042,66




MYR


Malaysian ringgit


3,9087




PHP


Philippine peso


52,671




RUB


Russian rouble


40,4940




THB


Thai baht


39,246




BRL


Brazilian real


2,5548




MXN


Mexican peso


16,5518




INR


Indian rupee


70,0160






(1)  Source: reference exchange rate published by the ECB.
2012/495/EU: Decision of the Representatives of the Governments of the Member States of 5 September 2012 appointing a judge to the General Court
Date: 2012-09-05
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice of the European Union, appointment of members, judge








L_2012240EN.01000601.xml










6.9.2012   


EN


Official Journal of the European Union


L 240/6








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 5 September 2012
         
appointing a judge to the General Court
(2012/495/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,

Whereas:







(1)


Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Union and following the resignation of Mr Enzo MOAVERO MILANESI, a judge should be appointed to the General Court for the remainder of Mr Enzo MOAVERO MILANESI's term of office, which runs until 31 August 2013.












(2)


Mr Guido BERARDIS has been proposed for the vacant post.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on Mr Guido BERARDIS's suitability to perform the duties of a judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Guido BERARDIS is hereby appointed to the General Court as a judge for the period from 7 September 2012 to 31 August 2013.


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




Done at Brussels, 5 September 2012.


The President

K. KORNELIOU
Case T-391/12: Action brought on 5 September 2012 — Lidl Stiftung v OHIM — Unipapel Industria Comercio y Servicios (UNITED OFFICE)
Date: 2012-09-05
Institutions: General Court
Subjects: EU trade mark, office supplies, registered trade mark, trade-mark law








C_2012355EN.01003101.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/31





Action brought on 5 September 2012 — Lidl Stiftung v OHIM — Unipapel Industria Comercio y Servicios (UNITED OFFICE)
(Case T-391/12)
2012/C 355/66
Language in which the application was lodged: English

Parties


Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and S. Paul, lawyers)

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

Other party to the proceedings before the Board of Appeal: Unipapel Industria Comercio y Servicios, SL (Tres Cantos, Spain)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2012 in case R 745/2011-1; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘UNITED OFFICE’, for goods in classes 9, 16 and 20 — Community trade mark application No 7454606

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on the grounds laid down in Article 53(1) of Council Regulation No 207/2009, and on Community trade mark registration No 1445832 of the word mark ‘UNIOFFICE’, for goods in class 16

Decision of the Cancellation Division: Revoked the challenged Community trade mark in respect of part of the goods

Decision of the Board of Appeal: Dismissed the appeal
Pleas in law:






—


Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95










—


Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Case T-564/11: Order of the General Court of 5 September 2012 — Farage v Parliament and Buzek (Law governing the institutions — Decision of the President of the Parliament imposing on a Member of the Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days — Decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the Member’s request for defence of his Parliamentary immunity — Manifest lack of jurisdiction of the General Court — Manifest inadmissibility)
Date: 2012-09-05
Institutions: General Court
Subjects: Member of the European Parliament, Statute for Members of the Parliament, administrative sanction, allowances and expenses, jurisdiction, parliamentary immunity








C_2012331EN.01002501.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/25






Order of the General Court of 5 September 2012 — Farage v Parliament and Buzek
(Case T-564/11) (1)

(Law governing the institutions - Decision of the President of the Parliament imposing on a Member of the Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days - Decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the Member’s request for defence of his Parliamentary immunity - Manifest lack of jurisdiction of the General Court - Manifest inadmissibility)
(2012/C 331/47)
Language of the case: English

Parties


Applicant: Nigel Paul Farage (Brussels (Belgium)) (represented by: P. Bennett, solicitor)

Defendants: European Parliament (represented by: N. Lorenz and D. Moore, acting as Agents) and Jerzy Buzek (Brussels (Belgium))

Re:

ACTION for annulment, first, of the decision of the President of the Parliament of 2 March 2010 imposing on the applicant the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days, secondly, of the decision of the Bureau of the Parliament of 24 March 2010 confirming the above decision of the President of the Parliament, thirdly, of the decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the applicant’s request for defence of immunity and, fourthly, of an unspecified decision of the Parliament.

Operative part of the order







1.


The action is dismissed.










2.


Nigel Paul Farage is to bear his own costs and to pay those of the European Parliament.






(1)  OJ C 25, 28.1.2012.
Case T-389/12: Action brought on 5 September 2012 — EDF v Commission
Date: 2012-09-05
Institutions: General Court
Subjects: electrical industry, merger, principle of proportionality








C_2012331EN.01002901.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/29






Action brought on 5 September 2012 — EDF v Commission
(Case T-389/12)
(2012/C 331/55)
Language of the case: English

Parties


Applicant: Électricité de France SA (EDF) (Paris, France) (represented by: A. Creus Carreras and A. Valiente Martin, lawyers)

Defendant: European Commission

Form of order sought







—


Annul Commission decision C(2012) 4617 final of 28 June 2012 refusing to grant the applicant an extension until 31 December 2014 of the Final Investment Decision deadline provided by one of the Commitments imposed in merger proceedings (Case No COMP/M.5549 — EDF/SEGEBEL);










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging






—


error of law and incorrect application of paragraphs 72 et seq. of the Commission Notice on remedies acceptable under the Council Regulation (EC) No 139/2004 and under Commission Regulation (EC) No 802/2004 (1).














2.


Second plea in law, alleging






—


manifest error of assessment of the significant facts of the case.














3.


Third plea in law, alleging






—


violation of the principle of proportionality.














4.


Fourth plea in law, alleging






—


misuse of powers and/or violation of the principle of sound administration.














5.


Fifth plea in law, alleging






—


lack of motivation, since the Commission failed to provide any reason supporting its decision.










(1)  OJ C 267 2008, p. 1
Absorption by Piraeus Bank of the sound part of the Agricultural Bank of Greece pursuant to Articles 63B, 63D and 68 of Act 3601/2007
Date: 2012-09-05
Institutions: European Commission
Subjects: Greece, credit institution, merger, subsidiary








C_2012267EN.01000201.xml










5.9.2012   


EN


Official Journal of the European Union


C 267/2





Absorption by Piraeus Bank of the sound part of the Agricultural Bank of Greece pursuant to Articles 63B, 63D and 68 of Act 3601/2007
2012/C 267/02
On 27 July 2012, pursuant to Articles 63B, 63D and 68 of Act 3601/2007, the Bank of Greece (by Decision of the Committee for Bank Resolution Measures No 4/1/27.7.2012) decided that certain assets and liabilities of the credit institution the Agricultural Bank of Greece SA (‘ATEbank’) would be absorbed by Piraeus Bank SA. According to these provisions, the Bank of Greece is empowered to oblige a credit institution to transfer assets to another credit institution or another person, where this appears necessary to ensure public confidence and, in particular, to protect investors, stability and the smooth operation of the financial system and to prevent systemic risks or destabilisation. In this context, the abovementioned Decision of the Bank of Greece means that all customer deposits at the ATEbank, its investments in other credit institutions, the investments of other credit institutions at ATEbank and its loans and securities portfolio etc. are to be absorbed.
Following a corresponding communication from the Bank of Greece to the monitoring authorities in Germany, this branch of ATEbank will continue to provide services to its customers as a branch of Piraeus Bank SA.
For further information, please refer to this branch (Baseler Strasse 46, 60329 Frankfurt am Main, Germany).
Any appeal against the abovementioned Decision of the Bank of Greece must be submitted to the Greek Supreme Administrative Court (Συμβούλιο της Επικρατείας) normally within 60 days of its promulgation (i.e. within 60 days of 27 July 2012). However, because of the postponement of deadlines as a result of judicial holidays in Greece in August, the deadline does not expire until 26 October 2012. The Supreme Administrative Court can be found at Panepistimiou 47-49, 10564 Athens, Greece.
The full text of the Bank of Greece's Decision can be found on its website in Greek and English at: http://www.bankofgreece.gr

Athens, 27 July 2012.
Case F-37/11: Order of the Civil Service Tribunal of 5 September 2012 — Skovbjerg v Commission
Date: 2012-09-05
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, admission to examinations, appointment of staff, competition (EU)








C_2013046EN.01003301.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/33





Order of the Civil Service Tribunal of 5 September 2012 — Skovbjerg v Commission
(Case F-37/11) (1)

2013/C 46/67
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 173, 11.6.2011, p. 16.