do-me/EUR-LEX huggingface dataset:
Case F-153/12: Action brought on 18 December 2012 — ZZ v Commission
Date: 2012-12-18
Institutions: Civil Service Tribunal
Subjects: European civil service, cohabitation, family benefit, survivor's benefit








C_2013055EN.01002603.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/26





Action brought on 18 December 2012 — ZZ v Commission
(Case F-153/12)
2013/C 55/46
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Kerger, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision refusing entitlement to the household allowance and the survivor’s pension for the applicant’s partner

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the decision of 25 September 2012;










—


Declare illegal and annul Article 1(2)(c)(iv) of Annex VII to the Staff Regulations on the grounds that it is discriminatory;










—


Declare illegal and annul the first paragraph of Article 17 of Annex VIII to the Staff Regulations;










—


Rule that the applicant is entitled to the household allowance with retroactive effect from 13 December 2011 and is entitled to the survivor’s pension for his partner;










—


Make any other appropriate orders;










—


Order the Commission to pay all the costs.
Non-opposition to a notified concentration (Case COMP/M.6736 — Advent International/KMD Equity Holding)  Text with EEA relevance
Date: 2012-12-18
Institutions: European Commission
Subjects: economic concentration, information technology, investment company, merger control








C_2012390EN.01000301.xml










18.12.2012   


EN


Official Journal of the European Union


C 390/3





Non-opposition to a notified concentration
(Case COMP/M.6736 — Advent International/KMD Equity Holding)
(Text with EEA relevance)
2012/C 390/05
On 6 December 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 32012M6736. EUR-Lex is the on-line access to the European law.
Case T-547/12: Action brought on 18 December 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA
Date: 2012-12-18
Institutions: General Court
Subjects: data protection, generic drug, market approval








C_2013046EN.01002102.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/21





Action brought on 18 December 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA
(Case T-547/12)
2013/C 46/38
Language of the case: English

Parties


Applicants: Teva Pharma BV (Utrecht, Netherlands); and Teva Pharmaceuticals Europe BV (Utrecht) (represented by: K. Bacon and D. Piccinin, Barristers, G. Morgan and C. Drew, Solicitors)

Defendant: European Medicines Agency

Form of order sought

The applicants claim that the Court should:






—


Annul the decision of the European Medicines Agency, contained in its letter of 26 November 2012, refusing to validate the applicants’ application for a marketing authorisation for its generic version of abacavir/lamivudine; and










—


Order the European Medicines Agency to pay the applicants’ costs.





Pleas in law and main arguments

In support of the action, the applicants rely on one plea in law, alleging that the refusal to validate their application for the authorisation of a generic version of a fixed dose combination medicinal product, on the basis that the product was protected by a ten year period of exclusivity is contrary to Regulation (EC) No 726/2004 (1) and Directive No 2001/83/EC (2) properly interpreted. In particular, the applicants contend that the marketing authorisation holder for the product is not entitled to enjoy a ten year period of data exclusivity, as the product is a fixed dose combination combining two active substances which have been supplied and used within the EU as components of a number of different medicinal products for some years. The applicants therefore contend that the product falls within the same global marketing authorisation as the earlier marketing authorisations for its component parts within the meaning of the second sub-paragraph of Article 6(1) of Directive No 2001/83. Accordingly, the applicants state that it did not enjoy any further period of data exclusivity after the expiry of the data exclusivity relating to these authorisations.


(1)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (Text with EEA relevance)

(2)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
Case C-617/12: Reference for a preliminary ruling from High Court of Justice (Chancery Division) Patents Court (United Kingdom) made on 18 December 2012 — Astrazeneca AB v Comptroller-General of Patents
Date: 2012-12-18
Institutions: Court of Justice
Subjects: Liechtenstein, Switzerland, United Kingdom, administrative procedure, interpretation of the law, market approval, medicinal product








C_2013086EN.01001001.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/10





Reference for a preliminary ruling from High Court of Justice (Chancery Division) Patents Court (United Kingdom) made on 18 December 2012 — Astrazeneca AB v Comptroller-General of Patents
(Case C-617/12)
2013/C 86/15
Language of the case: English

Referring court

High Court of Justice (Chancery Division) Patents Court

Parties to the main proceedings


Applicant: Astrazeneca AB

Defendant: Comptroller-General of Patents

Questions referred







1.


Is a Swiss marketing authorisation not granted pursuant to the administrative authorisation procedure laid down in Directive 2001/83/EC (1), but automatically recognised by Liechtenstein, capable of constituting the ‘first authorisation to place the product on the market’ for the purposes of Article 13(1) of Regulation 469/2009/EC (2)?










2.


Does it make a difference to the answer to the first question if:






(a)


the set of clinical data upon which the Swiss authority granted the marketing authorisation was considered by the European Medicines Agency as not satisfying the conditions for the grant of a marketing authorisation pursuant to Regulation 726/2004/EC (3); and/or










(b)


the Swiss marketing authorisation was suspended after grant and was only reinstated following the submission of additional data?














3.


If Article 13(1) of Regulation 469/2009 refers solely to marketing authorisations granted pursuant to the administrative authorisation procedure laid down in Directive 2001/83/EC, does the fact that a medicinal product was first placed on the market within the EEA pursuant to a Swiss marketing authorisation automatically recognised in Liechtenstein which was not granted pursuant to Directive 2001/83/EC render that product ineligible for the grant of a supplementary protection certificate pursuant to Article 2 of Regulation 469/2009?






(1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
OJ L 311, p. 67

(2)  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products
OJ L 152, p. 1

(3)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency
OJ L 136, p. 1
Case T-543/12: Action brought on 18 December 2012 — Grau Ferrer v OHIM — Rubio Ferrer (Bugui va)
Date: 2012-12-18
Institutions: General Court
Subjects: EU trade mark, fruit, registered trade mark, trade-mark law








C_2013055EN.01001801.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/18





Action brought on 18 December 2012 — Grau Ferrer v OHIM — Rubio Ferrer (Bugui va)
(Case T-543/12)
2013/C 55/31
Language in which the application was lodged: Spanish

Parties


Applicant: Xavier Grau Ferrer (Caldes de Montbui, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Juan Cándido Rubio Ferrer (Xeraco, Spain), Alberto Rubio Ferrer (Xeraco)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Fourth Board of Appeal of 11 October 2012 in Cases R 274/2011-4 and R 520/2011-4, in accordance with Article 8(1)(a) and (b) and Article 76 of Regulation No 207/2009, and consequently refuse registration of figurative Community trade mark No 7 338 031‘Bugui va’ in full, for all the goods and services applied for (Classes 31, 35 and 39);










—


order OHIM to pay the costs, in accordance with Article 87(2) CTMR.





Pleas in law and main arguments


Applicant for a Community trade mark: Juan Cándido Rubio Ferrer and Alberto Rubio Ferrer

Community trade mark concerned: Figurative mark with the word element ‘Bugui va’ for goods and services in Classes 31, 35 and 39 — application for Community trade mark No 7 338 031

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

Mark or sign cited in opposition: National figurative mark with the word element ‘Bugui’ and figurative Community trade mark with the word element ‘BUGUI De la huerta a casa FRUITS FROM THE SPANISH VEGETABLE GARDEN’, for goods and services in classes 31, 32 and 39

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Decision of the Opposition Division annulled and opposition rejected in full

Pleas in law: Infringement of Article 8(1)(a) and (b) and of Articles 75 and 76 of Regulation No 207/2009, and infringement of Article 48 of Regulation No 2868/95
Non-opposition to a notified concentration (Case COMP/M.6764 — JCDecaux/Rus AD/Russ Out Of Home)  Text with EEA relevance
Date: 2012-12-18
Institutions: European Commission
Subjects: Russia, advertising, economic concentration, investment company, merger control








C_2012390EN.01000201.xml










18.12.2012   


EN


Official Journal of the European Union


C 390/2





Non-opposition to a notified concentration
(Case COMP/M.6764 — JCDecaux/Rus AD/Russ Out Of Home)
(Text with EEA relevance)
2012/C 390/03
On 11 December 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 32012M6764. EUR-Lex is the on-line access to the European law.
Commission Implementing Regulation (EU) No 1226/2012 of 18 December 2012 on the issue of import licences for applications lodged during the first seven days of December 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2012-12-18
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2012349EN.01004901.xml










19.12.2012   


EN


Official Journal of the European Union


L 349/49








            COMMISSION IMPLEMENTING REGULATION (EU) No 1226/2012
of 18 December 2012
         
on the issue of import licences for applications lodged during the first seven days of December 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


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),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of December 2012 for the subperiod from 1 January to 31 March 2013 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 January to 31 March 2013 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 December 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2012.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






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

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2013-31.3.2013
(%)




P1


09.4067


5,952549 




P3


09.4069


0,335124
Euro exchange rates
Date: 2012-12-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2012390EN.01000601.xml










18.12.2012   


EN


Official Journal of the European Union


C 390/6





Euro exchange rates (1)

17 December 2012
2012/C 390/08

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3160




JPY


Japanese yen


110,39




DKK


Danish krone


7,4613




GBP


Pound sterling


0,81200




SEK


Swedish krona


8,7540




CHF


Swiss franc


1,2082




ISK


Iceland króna


 




NOK


Norwegian krone


7,3705




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,222




HUF


Hungarian forint


287,19




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,0890




RON


Romanian leu


4,4647




TRY


Turkish lira


2,3472




AUD


Australian dollar


1,2494




CAD


Canadian dollar


1,2990




HKD


Hong Kong dollar


10,1991




NZD


New Zealand dollar


1,5604




SGD


Singapore dollar


1,6062




KRW


South Korean won


1 411,50




ZAR


South African rand


11,2502




CNY


Chinese yuan renminbi


8,2105




HRK


Croatian kuna


7,5335




IDR


Indonesian rupiah


12 686,72




MYR


Malaysian ringgit


4,0264




PHP


Philippine peso


54,048




RUB


Russian rouble


40,5650




THB


Thai baht


40,270




BRL


Brazilian real


2,7501




MXN


Mexican peso


16,8182




INR


Indian rupee


72,2160






(1)  Source: reference exchange rate published by the ECB.
Call for proposals for actions in the field of energy under the ‘Intelligent Energy — Europe’ programme (Decision No 1639/2006/EC of the European Parliament and of the Council ( OJ L 310, 9.11.2006, p. 15 ))
Date: 2012-12-18
Institutions: European Commission
Subjects: EU programme, energy policy, invitation to tender








C_2012390EN.01002201.xml










18.12.2012   


EN


Official Journal of the European Union


C 390/22





Call for proposals for actions in the field of energy under the ‘Intelligent Energy — Europe’ programme (Decision No 1639/2006/EC of the European Parliament and of the Council (OJ L 310, 9.11.2006, p. 15))
2012/C 390/13
The Executive Agency for Competitiveness and Innovation (EACI) is hereby launching a call for proposals for the ‘Intelligent Energy — Europe’ 2013 work programme. The call is closing on 8 May 2013 for all types of actions except the ‘Build Up Skills’ initiative which has different deadlines.
Information on the modalities of the call and guidance to proposers on how to submit projects, is available on:
http://ec.europa.eu/energy/intelligent/call_for_proposals/index_en.htm
The helpdesk of the ‘Intelligent Energy — Europe’ programme can be reached on:
http://ec.europa.eu/energy/intelligent/contact/index_en.htm
Case T-542/12: Action brought on 18 December 2012 — Mikhalchanka v Council
Date: 2012-12-18
Institutions: General Court
Subjects: Belarus, external border of the EU, international sanctions, principle of proportionality, removal








C_2013055EN.01001701.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/17





Action brought on 18 December 2012 — Mikhalchanka v Council
(Case T-542/12)
2013/C 55/30
Language of the case: French

Parties


Applicant: Aliaksei Mikhalchanka (Minsk, Belarus) (represented by: M. Michalauskas, lawyer)

Defendant: Council of the European Union

Form of order sought







—


Annul Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, insofar as it concerns the applicant;










—


Annul Council Regulation (EU) NO 1041/2012 of 6 November 2012 amending Regulation (EC) No 765/2006 concerning restrictive measures against Belarus, insofar as it concerns the applicant;










—


Annul Council Implementing Regulation No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures against Belarus, insofar as it concerns the applicant;










—


Order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law which are in essence identical or similar to those raised in Case T-196/11 AX v Council. (1)



(1)  OJ 2012 C 165, p. 19.
Case F-154/12: Action brought on 18 December 2012 — ZZ v EEAS
Date: 2012-12-18
Institutions: Civil Service Tribunal
Subjects: European civil service, professional experience, seniority








C_2013071EN.01003003.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/30





Action brought on 18 December 2012 — ZZ v EEAS
(Case F-154/12)
2013/C 71/54
Language of the case: French

Parties


Applicant: ZZ (represented by: F. Parrat, lawyer)

Defendant: European External Action Service

Subject-matter and description of the proceedings

The partial annulment of the decision fixing the applicant’s seniority in grade at 16 November 2011 at the time of his appointment to a post in the Administrators’ function group, after having received certification.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the part of the decision of 23 January 2012 which amends the applicant’s seniority in grade and fixes it at 16 November 2011 instead of 1 January 2011;










—


Order the EEAS to pay the costs.
Case C-593/12 P: Appeal brought on 18 December 2012 by Lancôme parfums et beauté & Cie against the judgment of the General Court (Eighth Chamber) delivered on 5 October 2012 in Case T-204/10: Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-12-18
Institutions: Court of Justice
Subjects: EU trade mark, cosmetics industry, misuse of a right, registered trade mark, trade-mark law








C_2013055EN.01000701.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/7





Appeal brought on 18 December 2012 by Lancôme parfums et beauté & Cie against the judgment of the General Court (Eighth Chamber) delivered on 5 October 2012 in Case T-204/10: Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-593/12 P)
2013/C 55/10
Language of the case: English

Parties


Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs); Focus Magazin Verlag GmbH

Form of order sought

The appellant claims that the Court should:






—


Annul the Judgment of the General Court of 5 October 2012 in Case T-204/10;










—


Order the Office to bear the costs of the proceedings before the Court of Justice and before the General Court, as well as the costs of the proceedings before the Office’s Board of Appeal.





Pleas in law and main arguments

The appellant submits that the contested judgment should be set aside on the following grounds:






 


First, the Appellant claims that the General Court violated Article 53(1) CTMR (1) in conjunction with Article 8(1)(b) CTMR in deciding that the Office was justified in finding that COLOR FOCUS must be declared invalid because of likelihood of confusion.










 


Second, the Appellant claims that the General Court committed reversible legal error in dismissing the Appellant’s claim that the assertion of rights based on the mark FOCUS amounts to an ‘abuse of rights’.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
Non-opposition to a notified concentration (Case COMP/M.6741 — Vivendi Group/N-C+ Entity)  Text with EEA relevance
Date: 2012-12-18
Institutions: European Commission
Subjects: economic concentration, merger control, pay television








C_2012390EN.01000202.xml










18.12.2012   


EN


Official Journal of the European Union


C 390/2





Non-opposition to a notified concentration
(Case COMP/M.6741 — Vivendi Group/N-C+ Entity)
(Text with EEA relevance)
2012/C 390/04
On 30 November 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 32012M6741. EUR-Lex is the on-line access to the European law.