do-me/EUR-LEX huggingface dataset:
Case C-25/13: Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 17, Barcelona (Spain) lodged on 21 January 2013 — France Telecom España, S.A. v Diputación de Barcelona
Date: 2013-01-21
Institutions: Court of Justice
Subjects: Spain, interpretation of the law, payment, transmission network








C_2013108EN.01001501.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/15





Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 17, Barcelona (Spain) lodged on 21 January 2013 — France Telecom España, S.A. v Diputación de Barcelona
(Case C-25/13)
2013/C 108/31
Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo No 17, Barcelona

Parties to the main proceedings


Applicant: France Telecom España, S.A.

Defendant: Diputación de Barcelona

Questions referred







1.


May the restriction of the applicability of the fees referred to in Article 13 of the Authorisation Directive (1) to the proprietors of telecommunications networks alone, as held in the judgment of 12 July 2012, (2) be extended to cover any other remuneration or consideration that the owners of public or private property may receive as consideration for the installation on their land or property of facilities associated with telecommunications networks?










2.


Is such remuneration, and the question of who is liable to pay it, to be determined by the domestic law of the Member State?






(1)  Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) OJ 2002 L 108, p. 21.

(2)  Judgment of the Court of Justice (Fourth Chamber) in Joined Cases C-55/11, C-57/11 and C-58/11, not yet published in the ECR.
Case T-24/13: Action brought on 21 January 2013 — Cactus/OHIM — Del Rio Rodríguez (CACTUS OF PEACE CACTUS DE LA PAZ)
Date: 2013-01-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, supermarket, trade-mark law








C_2013101EN.01002001.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/20





Action brought on 21 January 2013 — Cactus/OHIM — Del Rio Rodríguez (CACTUS OF PEACE CACTUS DE LA PAZ)
(Case T-24/13)
2013/C 101/43
Language in which the application was lodged: English

Parties


Applicant: Cactus SA (Bertrange, Luxembourg) (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: Isabel Del Rio Rodríguez (Malaga, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the Decision of the Second Board of Appeal of 19 October 2012;










—


Order the Defendant and — if applicable — Isabel Del Rio Rodriguez to jointly and severally pay all the costs.





Pleas in law and main arguments


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

Community trade mark concerned: The figurative mark ‘CACTUS OF PEACE CACTUS DE LA PAZ’, for goods and services in classes 31, 39 and 44 — Community trade mark application No 8 489 643

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

Mark or sign cited in opposition: Community trade mark registration No 963 694 of the word mark ‘CACTUS’ for goods and services in classes 2, 3, 5, 6, 7, 8, 9, 11, 16, 18, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 41 and 42

Decision of the Opposition Division: Opposition upheld in part and application rejected in part

Decision of the Board of Appeal: Annulment of the appealed decision and rejection of the opposition in its entirety

Pleas in law: Infringement of Articles 76(1) and (2) and 75 of Council Regulation No 207/2009.
Case C-27/13: Request for a preliminary ruling from the Schleswig-Holsteinisches Oberlandesgericht (Germany) lodged on 21 January 2013 — Flughafen Lübeck GmbH v Air Berlin PLC & Co. Luftverkehrs-KG
Date: 2013-01-21
Institutions: Court of Justice
Subjects: State aid, control of State aid








C_2013171EN.01000903.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/9





Request for a preliminary ruling from the Schleswig-Holsteinisches Oberlandesgericht (Germany) lodged on 21 January 2013 — Flughafen Lübeck GmbH v Air Berlin PLC & Co. Luftverkehrs-KG
(Case C-27/13)
2013/C 171/17
Language of the case: German

Referring court

Schleswig-Holsteinisches Oberlandesgericht

Parties to the main proceedings


Applicant and Respondent in the Appeal: Air Berlin PLC & Co. Luftverkehrs-KG

Defendant and Appellant in the Appeal: Flughafen Lübeck GmbH

Questions referred







1.


Must a national court, asked to adjudicate a claim for recovery of benefits and for discontinuation of future benefits, regard these benefits as measures which under the third sentence of Art. 108(3) TFEU may not be implemented before a final decision by the European Commission (‘the Commission’), if the Commission has decided, unchallenged, to initiate a formal State aid investigation procedure under Art. 108(2) TFEU in relation to these benefits, and has stated in the grounds of this decision, in essence, inter alia that these benefits probably constitute State aid?










2.


If the answer to question 1 is yes:
Does the same apply if the Commission has moreover stated in the grounds of its decision, in essence, that it is not in a position to determine whether the provider of the benefits was acting as a normal private investor in a market economy [Or. 2] when it undertook to make the benefits available?










3.


If the answer to question 1 or question 2 is no:
May the national court in such circumstances stay its proceedings until the conclusion of the formal State aid investigation procedure?










4.


If the answer to question 3 is yes:
Must the national court in such circumstances stay its proceedings until the conclusion of the formal State aid investigation procedure?
Case T-36/13: Action brought on 21 January 2013 — Erreà Sport v OHIM — Facchinelli (ANTONIO BACIONE)
Date: 2013-01-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, textile product, trade-mark law








C_2013079EN.01002902.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/29





Action brought on 21 January 2013 — Erreà Sport v OHIM — Facchinelli (ANTONIO BACIONE)
(Case T-36/13)
2013/C 79/50
Language in which the application was lodged: Italian

Parties


Applicant: Erreà Sport SpA (Torrile, Italy) (represented by: D. Caneva and G. Fucci, lawyers)

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

Other party to the proceedings before the Board of Appeal: Antonio Facchinelli (Dalang, China)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 October 2012 in Case R 1561/2011-1 and, consequently, reject the application for registration published in Community Trade Marks Bulletin No 117/2010, lodged by Antonio Facchinelli, in respect of all the goods;










—


order that the costs incurred by Erreà Sport S.p.A in the present proceedings be reimbursed.





Pleas in law and main arguments


Applicant for a Community trade mark: Antonio Facchinelli

Community trade mark concerned: Figurative mark containing the word elements ‘ANTONIO BACIONE’, for goods in Classes 3, 14, 18 and 25 — Community trade mark application No 9 056 037

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

Mark or sign cited in opposition: Figurative mark containing the word element ‘erreà’ and figurative mark containing two intersecting rhombuses, for goods in Classes 3, 9, 14, 16, 18, 25, 28, 35 and 41

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Infringement of Article 8(1)(b) of Regulation No 207/2009










—


Infringement of Article 8(5) of Regulation No 207/2009
Case T-25/13: Action brought on 21 January 2013 — Mäurer & Wirtz v OHIM — Sacra (4711 Aqua Mirabilis)
Date: 2013-01-21
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2013071EN.01002701.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/27





Action brought on 21 January 2013 — Mäurer & Wirtz v OHIM — Sacra (4711 Aqua Mirabilis)
(Case T-25/13)
2013/C 71/41
Language in which the application was lodged: German

Parties


Applicant: Mäurer & Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: T. Schulte-Beckhausen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sacra Srl (Venice, Italy)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 November 2012 in Case R 1601/2011-2;










—


order the defendant to pay the costs of the initial action and of the appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: word mark ‘4711 Aqua Mirabilis’ for goods in Class 3 — Community trade mark application No 8 988 181

Proprietor of the mark or sign cited in the opposition proceedings: Sacra Srl

Mark or sign cited in opposition: word mark ‘Aqua Admirabilis’ for goods in Class 3

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 8(1)(b) and Article 7(1) and (2) of Regulation No 207/2009
Case C-641/11: Order of the President of the Court of 21 January 2013 — European Commission v Italian Republic
Date: 2013-01-21
Institutions: Court of Justice
Subjects: discrimination on the basis of nationality, equal treatment, free movement of workers, infringement of EU law, residence








C_2013108EN.01001804.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/18





Order of the President of the Court of 21 January 2013 — European Commission v Italian Republic
(Case C-641/11) (1)

2013/C 108/40
Language of the case: Italian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 58, 25.2.2012.