do-me/EUR-LEX huggingface dataset:
Case T-37/13: Action brought on 22 January 2013 — Exakt Advanced Technologies v OHIM — Exakt Precision Tools (EXAKT)
Date: 2013-01-22
Institutions: General Court
Subjects: EU trade mark, machine-tool industry, registered trade mark, trade-mark law








C_2013086EN.01002302.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/23





Action brought on 22 January 2013 — Exakt Advanced Technologies v OHIM — Exakt Precision Tools (EXAKT)
(Case T-37/13)
2013/C 86/38
Language in which the application was lodged: German

Parties


Applicant: Exakt Advanced Technologies GmbH (Norderstedt, Germany) (represented by: A. von Bismarck, lawyer)

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

Other party to the proceedings before the Board of Appeal: Exakt Precision Tools Ltd (Aberdeen, United Kingdom)

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) of 29 October 2012 in Case R 1764/2011-1;










—


Order the intervener to pay the costs including those incurred in the course of the appeal 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 including the word element ‘EXAKT’ for goods and services in Classes 7, 9 and 37 — Community trade mark No 3 996 592

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Exakt Precision Tools Ltd

Grounds for the application for a declaration of invalidity: the figurative mark including the word element ‘EXAKT’ for goods in Classes 7, 8 and 9

Decision of the Cancellation Division: the application was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009
Case T-30/13: Action brought on 22 January 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend)
Date: 2013-01-22
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco, trade-mark law








C_2013079EN.01002701.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/27





Action brought on 22 January 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend)
(Case T-30/13)
2013/C 79/47
Language in which the application was lodged: German

Parties


Applicant: GRE Grand River Enterprises Deutschland GmbH (Kloster Lehnin, Germany) (represented by: I. Memmler and S. Schulz, lawyers)

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

Other party to the proceedings before the Board of Appeal: Villiger Söhne GmbH (Waldshut-Tiengen, Germany)

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) of 15 November 2012 in Case R 731/2012-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the word elements ‘LIBERTE american blend’ for goods in Class 34 — Community trade mark application No 7 481 252

Proprietor of the mark or sign cited in the opposition proceedings: Villiger Söhne GmbH

Mark or sign cited in opposition: The word mark ‘La LIBERTAD’ and the figurative mark including the word elements ‘La LIBERTAD’ for goods in Classes 14 and 34

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Information communicated by Member States regarding closure of fisheries
Date: 2013-01-22
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Germany, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013018EN.01000501.xml










22.1.2013   


EN


Official Journal of the European Union


C 18/5





Information communicated by Member States regarding closure of fisheries
2013/C 18/06
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


20.12.2012




Duration


20.12.2012-31.12.2012




Member State


Germany




Stock or group of stocks


SPR/3BCD-C




Species


Sprat and associated catches (Sprattus sprattus)




Zone


EU waters of subdivisions 22-32




Type(s) of fishing vessels


—




Reference number


FS86BAL






(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2013-01-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2013018EN.01000301.xml










22.1.2013   


EN


Official Journal of the European Union


C 18/3





Euro exchange rates (1)

21 January 2013
2013/C 18/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3323




JPY


Japanese yen


119,37




DKK


Danish krone


7,4633




GBP


Pound sterling


0,83900




SEK


Swedish krona


8,6936




CHF


Swiss franc


1,2421




ISK


Iceland króna


 




NOK


Norwegian krone


7,4440




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,626




HUF


Hungarian forint


292,55




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6976




PLN


Polish zloty


4,1699




RON


Romanian leu


4,3603




TRY


Turkish lira


2,3500




AUD


Australian dollar


1,2665




CAD


Canadian dollar


1,3230




HKD


Hong Kong dollar


10,3296




NZD


New Zealand dollar


1,5925




SGD


Singapore dollar


1,6375




KRW


South Korean won


1 417,64




ZAR


South African rand


11,8266




CNY


Chinese yuan renminbi


8,2892




HRK


Croatian kuna


7,5815




IDR


Indonesian rupiah


12 812,25




MYR


Malaysian ringgit


4,0434




PHP


Philippine peso


54,230




RUB


Russian rouble


40,3000




THB


Thai baht


39,623




BRL


Brazilian real


2,7197




MXN


Mexican peso


16,9175




INR


Indian rupee


71,6180






(1)  Source: reference exchange rate published by the ECB.
2013/62/EU: Council Decision of 22 January 2013 appointing a Portuguese member and a Portuguese alternate member of the Committee of the Regions
Date: 2013-01-22
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Portugal, appointment of members








L_2013022EN.01002401.xml










25.1.2013   


EN


Official Journal of the European Union


L 22/24








            COUNCIL DECISION
         
of 22 January 2013
         
appointing a Portuguese member and a Portuguese alternate member of the Committee of the Regions
(2013/62/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Portuguese Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Carlos CESAR.












(3)


An alternate member’s seat has become vacant following the end of the term of office of Mr André BRADFORD,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as member:






—


Mr Vasco Ilídio ALVES CORDEIRO, Presidente do Governo Regional dos Açores





and










(b)


as alternate member:






—


Mr Rodrigo VASCONCELOS DE OLIVEIRA, Subsecretário Regional da Presidência para as Relações Externas.










Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 22 January 2013.


For the Council


The President

M. NOONAN
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-286/11 P: Judgment of the Court (Grand Chamber) of 22 January 2013 — European Commission v Tomkins plc (Appeal — Competition — Agreements, decisions and concerted practices — European market for copper and copper alloy fittings — Liability of the parent company stemming solely from the unlawful conduct of its subsidiary — Principle of ‘ne ultra petita’ — Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary)
Date: 2013-01-22
Institutions: Court of Justice
Subjects: cartel, competition, copper, fine, parent company, price agreement








C_2013071EN.01000401.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/4





Judgment of the Court (Grand Chamber) of 22 January 2013 — European Commission v Tomkins plc
(Case C-286/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - European market for copper and copper alloy fittings - Liability of the parent company stemming solely from the unlawful conduct of its subsidiary - Principle of ‘ne ultra petita’ - Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary)
2013/C 71/06
Language of the case: English

Parties


Appellant: European Commission (represented by: F. Castillo de la Torre, V. Bottka and R. Sauer, Agents)

Other party to the proceedings: Tomkins plc (represented by: K. Bacon, Barrister, instructed by S. Jordan, Solicitor)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-382/06 Tomkins v Commission annulling in part Commission Decision 2007/691/EC of 20 September 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) (notified under C(2006) 4180) concerning a cartel relating to fixing prices, agreeing on discounts and rebates, agreeing on implementation mechanisms for introducing price increases, allocating customers and exchanging commercial information, in the European market for copper fittings, particularly copper alloy fittings (OJ 2007 L 283, p.63), and reducing the fine imposed on Tomkins plc.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 238, 13.8.2011.
Case C-32/13: Request for a preliminary ruling from the Sozialgerichts Nürnberg (Germany) lodged on 22 January 2013 — Petra Würker v Familienkasse Nürnberg
Date: 2013-01-22
Institutions: Court of Justice
Subjects: Germany, social-security benefit, social-security harmonisation








C_2013147EN.01000202.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/2





Request for a preliminary ruling from the Sozialgerichts Nürnberg (Germany) lodged on 22 January 2013 — Petra Würker v Familienkasse Nürnberg
(Case C-32/13)
2013/C 147/03
Language of the case: German

Referring court

Sozialgerichts Nürnberg

Parties to the main proceedings


Appellant: Petra Würker

Respondent: Familienkasse Nürnberg

Question referred







1.


Must Articles 77 or 78 of Regulation (EEC) No 1408/71 (1) be interpreted as meaning that receipt of a child raising pension (Erziehungsrente) confers a right against the Member State which pays the pension?










2.


Has the situation changed from 1 May 2010 with the entry into force of Regulation (EC) No 883/2004 (2) and must Article 67 of that regulation be interpreted as meaning that any type of pension (including a German child raising pension) triggers the right?






(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2).

(2)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
Case F-7/13: Action brought on 22 January 2013 — ZZ v Commission
Date: 2013-01-22
Institutions: Civil Service Tribunal
Subjects: Madagascar, damages, indemnification, reassignment








C_2013114EN.01004701.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/47





Action brought on 22 January 2013 — ZZ v Commission
(Case F-7/13)
2013/C 114/71
Language of the case: French

Parties


Applicant: ZZ (represented by: E. Boigelot, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the claim against the decision taken in response to the applicant’s request, when he was posted to the Commission Delegation in Antananarivo, Madagascar, for compensation for the difficulties encountered when taking up residence in that city.

Form of order sought







—


Annul the decision taken by the Head of Unit within the Directorate-General for Human Resources and Security, concerning the ‘claim under Article 90(1) of the Staff Regulations — 0/867/11 — seeking compensation for the difficulties encountered when taking up residence in Antananarivo’, under which that claim is rejected on the ground that ‘the conditions required for such compensation for the non-pecuniary and psychological damage’ were not met since it is apparent from the facts that ‘the Delegation did all it could to resolve the problems encountered, by having additional work done in the initial accommodation and by suggesting to you, during that work, possible alternative accommodation’;










—


Annul the response to the applicant’s claim by which the Appointing Authority rejected his claim on the grounds that (i) ‘there has been no administrative error, and even less unlawful conduct, by the administration in this case’, that (ii) the applicant ‘has not shown even the slightest evidence of the alleged non-pecuniary and psychological damage’ and that (iii) ‘the contested decision dealt at length with the evidence of the administration’s goodwill towards the applicant’ and ‘in accordance with settled case-law, a failure to state reasons can be remedied by an adequate statement of reasons supplied at the stage of the response to the claim’, which is the case here;










—


Order the Commission to pay, in respect of compensation for the applicant’s non-pecuniary and psychological damage, provisionally assessed, reserving the right to increase or decrease it during the proceedings, at EUR 30 000;










—


Order the Commission to pay the costs.
Case T-263/00: Order of the General Court of 22 January 2013 — La Navale v Commission (Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring the recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Date: 2013-01-22
Institutions: General Court
Subjects: Italy, State aid, Veneto, aid to undertakings, common market, reimbursement of aid, social-security contribution








C_2013071EN.01001902.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/19





Order of the General Court of 22 January 2013 — La Navale v Commission
(Case T-263/00) (1)

(Action for annulment - State aid - Relief from social security contributions for firms in Venice and Chioggia - Decision declaring the aid scheme to be incompatible with the common market and requiring the recovery of aid paid - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2013/C 71/30
Language of the case: Italian

Parties


Applicant: La Navale Soc. coop. rl (Venice, Italy) (represented by: A. Vianello, lawyer)

Defendant: European Commission (represented by: V. Di Bucci, Agent, assisted by A. Dal Ferro, lawyer)

Intervener in support of the applicant: Italian Republic (initially represented by: U. Leanza, then by I. Braguglia, then by R. Adam, and finally by I. Bruni, Agents, assisted by G. Aiello and P. Gentili, avvocati dello Stato)

Re:

Application for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50).

Operative part of the order







1.


The objection of inadmissibility raised by the European Commission is joined to the substance;










2.


The action is dismissed as being, in part, manifestly inadmissible and, in part, manifestly lacking any foundation in law;










3.


La Navale Soc. coop. rl shall bear the Commission’s costs in addition to its own costs;










4.


The Italian Republic shall bear its own costs.






(1)  OJ C 355, 9.12.2000.
Case T-308/00 RENV: Judgment of the General Court of 22 January 2013 — Salzgitter AG v European Commission (State aid — Steel industry — Tax incentives for the development of the border zone between the former German Democratic Republic and the former Czechoslovak Socialist Republic — Non-notified aid — Decision declaring the aid incompatible with the common market — Recovery — Delay — Legal certainty — Calculation of the aid to be repaid — Aid falling within the scope of the ECSC Treaty — Investments for the protection of the environment — Discount rate)
Date: 2013-01-22
Institutions: General Court
Subjects: Czechoslovakia, ECSC Treaty, German Democratic Republic, Germany, State aid, application of EU law, common market, development aid, environmental protection, frontier region, investment, iron and steel industry, principle of legal certainty, tax incentive








C_2013063EN.01001701.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/17





Judgment of the General Court of 22 January 2013 — Salzgitter AG v European Commission
(Case T-308/00 RENV) (1)

(State aid - Steel industry - Tax incentives for the development of the border zone between the former German Democratic Republic and the former Czechoslovak Socialist Republic - Non-notified aid - Decision declaring the aid incompatible with the common market - Recovery - Delay - Legal certainty - Calculation of the aid to be repaid - Aid falling within the scope of the ECSC Treaty - Investments for the protection of the environment - Discount rate)
2013/C 63/32
Language of the case: German

Parties


Applicant: Salzgitter AG (Salzgitter, Germany) (represented by: J. Sedemund and T. Lübbig, lawyers)

Defendant: European Commission (represented by: initially by V. Kreuschitz and M. Niejahr, and subsequently by V. Kreuschitz and T. Maxian Rusche, Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: M. Lumma and A. Wiedmann, Agents, assisted by U. Karpenstein, lawyer)

Re:

Application for annulment of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group’s steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) (OJ 2000 L 323, p. 5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Salzgitter AG to bear its own costs and to pay those incurred by the European Commission, both before the General Court and before the Court of Justice;










3.


Orders the Federal Republic of Germany to bear its own costs both before the General Court and before the Court of Justice.






(1)  OJ C 335, 25.11.2000.
2013/61/EU: Council Decision of 22 January 2013 appointing a German alternate member of the Committee of the Regions
Date: 2013-01-22
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2013022EN.01002301.xml










25.1.2013   


EN


Official Journal of the European Union


L 22/23








            COUNCIL DECISION
         
of 22 January 2013
         
appointing a German alternate member of the Committee of the Regions
(2013/61/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


An alternate member’s seat on the Committee of the Regions has become vacant following the appointment of Ms Dagmar MÜHLENFELD as member (3),





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Ms Helma OROSZ, Oberbürgermeisterin der Stadt Dresden.






Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 22 January 2013.


For the Council


The President

M. NOONAN
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.

(3)  
            OJ L 287, 18.10.2012, p. 11.
Information communicated by Member States regarding closure of fisheries
Date: 2013-01-22
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013018EN.01000502.xml










22.1.2013   


EN


Official Journal of the European Union


C 18/5





Information communicated by Member States regarding closure of fisheries
2013/C 18/07
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


20.12.2012




Duration


20.12.2012-31.12.2012




Member State


Germany




Stock or group of stocks


HER/4AB.




Species


Herring (Clupea harengus)




Zone


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




Type(s) of fishing vessels


—




Reference number


FS87TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case COMP/M.6814 — Elavon/Banco Santander/JV)  Text with EEA relevance
Date: 2013-01-22
Institutions: European Commission
Subjects: economic concentration, financial institution, merger control








C_2013018EN.01000201.xml










22.1.2013   


EN


Official Journal of the European Union


C 18/2





Non-opposition to a notified concentration
(Case COMP/M.6814 — Elavon/Banco Santander/JV)
(Text with EEA relevance)
2013/C 18/03
On 14 January 2013, 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 32013M6814. EUR-Lex is the on-line access to the European law.