do-me/EUR-LEX huggingface dataset:
Case C-23/12: Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria (Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court)
Date: 2013-01-17
Institutions: Court of Justice
Subjects: Schengen Agreement, access to the courts, freedom of self-determination, interpretation of the law, right to justice








C_2013063EN.01000602.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/6





Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria
(Case C-23/12) (1)

(Regulation (EC) No 562/2006 - Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) - Alleged violation of the right to respect for human dignity - Effective judicial protection - Right of access to a court)
2013/C 63/09
Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Party to the main proceedings

proceedings brought by Mohamad Zakaria

Re:

Request for a preliminary ruling — Augstākās tiesas Senāts — Interpretation of Article 13(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1) — Right of appeal of third country nationals in relation to a refusal of entry — Action seeking to have declared unlawful the conduct of border officials during the procedure to authorise the crossing of an external border — Compensation for the non-material harm incurred as a result of such unlawful conduct

Operative part of the judgment

Article 13(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) obliges Member States to establish a means of obtaining redress only against decisions to refuse entry.


(1)  OJ C 80, 17.3.2012.
Case T-507/12 R: Order of the President of the General Court of 17 January 2013 — Slovenia v Commission (Interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery from the recipient — Application for stay of execution — Lack of urgency)
Date: 2013-01-17
Institutions: General Court
Subjects: Slovenia, State aid, aid to undertakings, domestic market, reimbursement of aid








C_2013108EN.01002702.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/27





Order of the President of the General Court of 17 January 2013 — Slovenia v Commission
(Case T-507/12 R)
(Interim measures - State aid - Decision declaring the aid incompatible with the internal market and ordering its recovery from the recipient - Application for stay of execution - Lack of urgency)
2013/C 108/70
Language of the case: Slovenian

Parties


Applicant: Republic of Slovenia (represented by: V. Klemenc and A. Grum, acting as Agents)

Defendant: European Commission (represented by: É. Gippini Fournier, D. Kukovec and T. Maxian Rusche, acting as Agents)

Re:

Application for a stay of execution of Commission Decision C(2012) 6345 final of 19 September 2012 on measures in favour of the undertaking ELAN d.o.o. [SA.26379 (C-13/2010) (ex NN 17/2010)].

Operative part of the order







1.


The application for interim measures is rejected.










2.


The costs are reserved.
Case T-355/09: Judgment of the General Court of 17 January 2013 — Reber v OHIM — Wedl & Hofmann (Walzer Traum) (Community trade mark — Opposition proceedings — Application for figurative Community mark Walzer Traum — Earlier national word mark Walzertraum — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Equal treatment)
Date: 2013-01-17
Institutions: General Court
Subjects: EU trade mark, coffee, household article, registered trade mark, sugar, trade-mark law








C_2013063EN.01001802.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/18





Judgment of the General Court of 17 January 2013 — Reber v OHIM — Wedl & Hofmann (Walzer Traum)
(Case T-355/09) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community mark Walzer Traum - Earlier national word mark Walzertraum - Lack of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Equal treatment)
2013/C 63/35
Language of the case: German

Parties


Applicant: Reber Holding GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schenider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Wedl & Hofmann GmbH (Mils/Hall in Tirol, Austria) (represented by: T. Raubal, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2009 (Case R 623/2008-4) relating to opposition proceedings between Reber Holding GmbH & Co. KG and Wedl & Hofmann GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders Reber Holding GmbH & Co. KG to pay the costs.






(1)  OJ C 282, 21.11.2009.
Case C-315/11: Order of the President of the Court of 17 January 2013 (request for a preliminary ruling from the Rechtbank Breda — Netherlands) — Adrianus Theodorus Gerardus Martines van de Ven, Michaele Anna Harriet Tiny can de Ven-Janssen v Koninklijke Luchtvaart Maatschappij NV
Date: 2013-01-17
Institutions: Court of Justice
Subjects: Netherlands, indemnification, interpretation of the law








C_2013108EN.01001801.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/18





Order of the President of the Court of 17 January 2013 (request for a preliminary ruling from the Rechtbank Breda — Netherlands) — Adrianus Theodorus Gerardus Martines van de Ven, Michaele Anna Harriet Tiny can de Ven-Janssen v Koninklijke Luchtvaart Maatschappij NV
(Case C-315/11) (1)

2013/C 108/37
Language of the case: Dutch
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 269, 10.9.2011.
Case C-360/11: Judgment of the Court (Third Chamber) of 17 January 2013 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of a reduced rate — Articles 96 and 98(2) — Points 3 and 4 of Annex III — ‘Pharmaceutical products normally used for health care, prevention of illnesses and as treatment for medical and veterinary purposes’ — ‘Medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled’ )
Date: 2013-01-17
Institutions: Court of Justice
Subjects: Spain, VAT rate, disabled person, disease prevention, health care, infringement of EU law, medical device, pharmaceutical product, therapeutics








C_2013063EN.01000402.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/4





Judgment of the Court (Third Chamber) of 17 January 2013 — European Commission v Kingdom of Spain
(Case C-360/11) (1)

(Failure of a Member State to fulfil obligations - Value added tax - Directive 2006/112/EC - Application of a reduced rate - Articles 96 and 98(2) - Points 3 and 4 of Annex III - ‘Pharmaceutical products normally used for health care, prevention of illnesses and as treatment for medical and veterinary purposes’ - ‘Medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled’)
2013/C 63/05
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: L. Lozano Palacios, acting as Agent)

Defendant: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Article 98 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), read in conjunction with Annex III thereto — Supplies of goods and services to which reduced rates may be applied

Operative part of the judgment

The Court:






1.


Declares that, by applying a reduced rate of value added tax to






—


medicinal substances which can be used habitually and suitably in the manufacturing of medicinal products;










—


medical devices, material, equipment and appliances which, viewed objectively, can be used only to prevent, diagnose, treat, alleviate or cure human or animal illnesses or ailments, but which are not normally intended to alleviate or treat disability, for the exclusive personal use of the disabled;










—


aids and equipment which may be used essentially or primarily to treat physical disabilities in animals;










—


and, finally, to aids and equipment essentially or primarily used to treat human disabilities, but which are not intended for the exclusive personal use of the disabled,




the Kingdom of Spain has failed to fulfil its obligations under Article 98 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with Annex III thereto;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 282, 24.9.2011.
Commission Regulation (EU) No 45/2013 of 17 January 2013 establishing a prohibition of fishing for herring in EU and Norwegian waters of IV north of 53° 30′ N by vessels flying the flag of Germany
Date: 2013-01-17
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013018EN.01000901.xml










22.1.2013   


EN


Official Journal of the European Union


L 18/9








            COMMISSION REGULATION (EU) No 45/2013
of 17 January 2013
         
establishing a prohibition of fishing for herring in EU and Norwegian waters of IV north of 53° 30′ N by vessels flying the flag of Germany


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of 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, 17 January 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 25, 27.1.2012, p. 55.




ANNEX






No


87/TQ44




Member State


Germany




Stock


HER/4AB.




Species


Herring (Clupea harengus)




Zone


EU and Norwegian waters of IV north of 53° 30′ N




Date


20.12.2012
Case C-21/12 P: Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark ‘RESTORE’ — Refusal to register — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Right to be heard — Regulation (EC) No 207/2009 — Articles 7 (1(b) and (c) and 75, second sentence — Equal treatment)
Date: 2013-01-17
Institutions: Court of Justice
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2013108EN.01000702.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/7





Order of the Court (Tenth Chamber) of 17 January 2013 — Abbott Laboratories v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-21/12 P) (1)

(Appeal - Community trade mark - Word mark ‘RESTORE’ - Refusal to register - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Right to be heard - Regulation (EC) No 207/2009 - Articles 7 (1(b) and (c) and 75, second sentence - Equal treatment)
2013/C 108/13
Language of the case: German

Parties


Appellant: Abbott Laboratories (represented by: R. Niebel, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, agent)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 November 2011 in Case T-363/10 Abbott Laboratories v OHIM, by which the General Court dismissed the appellant’s action against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark — Infringement of Article 7(1)(b) and (c) and of Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctiveness of the word mark RESTORE

Operative part of the order







1.


The appeal is dismissed.










2.


Abbott Laboratories is ordered to pay the costs.






(1)  OJ C 98, 31.3.2012.
Case C-23/13: Action brought on 17 January 2013 — European Commission v French Republic
Date: 2013-01-17
Institutions: Court of Justice
Subjects: France, infringement of EU law, waste disposal, wastewater, water treatment








C_2013079EN.01001101.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/11





Action brought on 17 January 2013 — European Commission v French Republic
(Case C-23/13)
2013/C 79/18
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-P. Keppenne and E. Manhaeve, acting as Agents)

Defendant: French Republic

Form of order sought







—


Declare that, by failing to make provision for the collection and treatment of urban waste water in 8 agglomerations with a population equivalent of more than 15 000 in what are regarded as normal areas, the French Republic has failed to fulfil its obligations under Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment; (1)











—


order French Republic to pay the costs.





Pleas in law and main arguments

By its application, the Commission claims that France has failed to implement correctly, in 8 agglomerations, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment.
Article 3(1) and Article 4(1) of Directive 91/271 required agglomerations with a population equivalent (p.e.) of more than 15 000 to be provided with collecting systems and to subject waste water to secondary treatment or an equivalent treatment at the latest by 31 December 2000.
As regards urban waste water treatment obligations, Article 4(1) of the directive requires the Member States to ensure that waste water entering collecting systems is subject to secondary treatment or an equivalent treatment before being discharged.
Lastly, the control procedures laid down in Annex I D to the directive make it possible to ascertain whether discharges from urban waste water treatment plants comply with the requirements of the directive pertaining to the discharge of waste water.


(1)  OJ 1991 L 135, p. 40.
Case C-206/11: Judgment of the Court (First Chamber) of 17 January 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Georg Köck v Schutzverband gegen unlauteren Wettbewerb (Consumer protection — Unfair business-to-consumer commercial practices in the internal market — Legislation of a Member State providing for prior authorisation of announcements of sales)
Date: 2013-01-17
Institutions: Court of Justice
Subjects: advertising, consumer protection, discount sale, domestic market, interpretation of the law, market approval, national law, restriction on competition








C_2013063EN.01000301.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/3





Judgment of the Court (First Chamber) of 17 January 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Georg Köck v Schutzverband gegen unlauteren Wettbewerb
(Case C-206/11) (1)

(Consumer protection - Unfair business-to-consumer commercial practices in the internal market - Legislation of a Member State providing for prior authorisation of announcements of sales)
2013/C 63/03
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Georg Köck

Defendant: Schutzverband gegen unlauteren Wettbewerb

Re:

Request for a preliminary ruling — Oberster Gerichtshof — Interpretation of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22), in particular Articles 3(1) and 5(5) — Legislation of a Member State prescribing prior authorisation for the announcement of a clearance sale

Operative part of the judgment

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as precluding a national court from ordering the cessation of a commercial practice not covered by Annex I to that directive on the sole ground that the practice has not been the subject of prior authorisation by the competent administrative authority, without itself carrying out an assessment of the unfairness of the practice in question against the criteria set out in Articles 5 to 9 of that directive.


(1)  OJ C 226, 30.7.2011.
European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/2012 — C7-0189/2012 — 2010/0310(NLE))
Date: 2013-01-17
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Iraq, cooperation agreement (EU), cultural cooperation, economic cooperation, financial cooperation, international security, trade cooperation








C_2015440EN.01030101.xml










30.12.2015   


EN


Official Journal of the European Union


C 440/301





P7_TA(2013)0023
EU-Iraq partnership and cooperation agreement ***
European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/2012 — C7-0189/2012 — 2010/0310(NLE))
(Consent)
(2015/C 440/32)

The European Parliament,






—


having regard to the draft Council decision (10209/2012),










—


having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (05784/2011),










—


having regard to the request for consent submitted by the Council in accordance with Articles 79(3), 91, 100, 192(1), 194, 207 and 209 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0189/2012),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0411/2012),












1.


Consents to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of the Republic of Iraq.