do-me/EUR-LEX huggingface dataset:
Case C-46/13: Request for a preliminary ruling from the Datenschutzkommission (Austria) lodged on 28 January 2013 — H v E
Date: 2013-01-28
Institutions: Court of Justice
Subjects: Internet access provider, access to information, data protection, transmission network








C_2013147EN.01000301.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/3





Request for a preliminary ruling from the Datenschutzkommission (Austria) lodged on 28 January 2013 — H v E
(Case C-46/13)
2013/C 147/05
Language of the case: German

Referring court

Datenschutzkommission

Parties to the main proceedings


Applicant: H

Defendant: E

Questions referred







1.


Is Article 7(c) of Directive 2006/24/EC (1) to be interpreted as meaning that natural persons affected by the retention of data within the meaning of the Directive do not fall into the category of ‘specially authorised personnel’ within the meaning of that provision and may not be granted a right to receive information on data relating to their own person from the provider of a publicly available communications service or a public communications network?










2.


Is Article 13(1)(c) and (d) of Directive 95/46/EC (2) to be interpreted as meaning that the right of natural persons affected by the retention of data within the meaning of Directive 2006/24/EC to receive information on data relating to their own person pursuant to Article 12(a) of Directive 95/46/EC from the provider of a publicly available communications service or a public communications network can be excluded or restricted?










3.


If Question 1 is answered at least partly in the affirmative: Is Article 7(c) of Directive 2006/24/EC compatible with the fundamental right laid down in the second sentence of Article 8(2) [of the Charter of Fundamental Rights of the European Union] and thus valid?






(1)  Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).

(2)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31).
Case F-92/12: Order of the Civil Service Tribunal (Second Chamber) of 28 January 2013 — Marcuccio v Commission (Civil service — Article 34(1) of the Rules of Procedure — Application lodged by fax within the time-limit for bringing proceedings signed by means of a stamp reproducing a lawyer’s signature or other means of reproduction — Action lodged out of time — Manifestly inadmissible)
Date: 2013-01-28
Institutions: Civil Service Tribunal
Subjects: European civil service, administrative formalities, damages, facsimile, indemnification, limitation of legal proceedings, occupational disease, official seal, pension scheme








C_2013071EN.01002802.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/28





Order of the Civil Service Tribunal (Second Chamber) of 28 January 2013 — Marcuccio v Commission
(Case F-92/12)
(Civil service - Article 34(1) of the Rules of Procedure - Application lodged by fax within the time-limit for bringing proceedings signed by means of a stamp reproducing a lawyer’s signature or other means of reproduction - Action lodged out of time - Manifestly inadmissible)
2013/C 71/47
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Re:

Application for annulment of the decision to withhold sums from the applicant’s invalidity allowance for the purpose of recovering the sum which the applicant was ordered to pay by way of legal costs by the Civil Service Tribunal.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr Marcuccio is ordered to bear his own costs.
Case F-95/12: Order of the Civil Service Tribunal (Second Chamber) of 28 January 2013 — Marcuccio v Commission (Civil service — Article 34(1) of the Rules of Procedure — Application lodged by fax within the time-limit for bringing proceedings signed by means of a stamp reproducing a lawyer’s signature or other means of reproduction — Action lodged out of time — Manifestly inadmissible)
Date: 2013-01-28
Institutions: Civil Service Tribunal
Subjects: European civil service, administrative formalities, damages, deduction at source, disability insurance, facsimile, indemnification, limitation of legal proceedings, official seal








C_2013071EN.01002803.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/28





Order of the Civil Service Tribunal (Second Chamber) of 28 January 2013 — Marcuccio v Commission
(Case F-95/12)
(Civil service - Article 34(1) of the Rules of Procedure - Application lodged by fax within the time-limit for bringing proceedings signed by means of a stamp reproducing a lawyer’s signature or other means of reproduction - Action lodged out of time - Manifestly inadmissible)
2013/C 71/48
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Re:

Application for annulment of the decision to withhold amounts from the applicant’s invalidity allowance for the purpose of recovering the sum of EUR 3 000 paid to the applicant in compliance with an judgment of the Civil Service Tribunal which was subsequently set aside by the General Court of the European Union.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr Marcuccio is ordered to bear his own costs.
Case C-305/12: Order of the President of the Court of 28 January 2013 — European Commission v Slovak Republic
Date: 2013-01-28
Institutions: Court of Justice
Subjects: Slovakia, administrative sanction, infringement of EU law, national implementing measure, waste management








C_2013108EN.01001903.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/19





Order of the President of the Court of 28 January 2013 — European Commission v Slovak Republic
(Case C-305/12) (1)

2013/C 108/47
Language of the case: Slovak
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 273, 8.9.2012.
Judgment of the Court of 28 January 2013 in Case E-16/11 — EFTA Surveillance Authority v Iceland (Directive 94/19/EC on deposit-guarantee schemes — Obligation of result — Emanation of the State — Discrimination)
Date: 2013-01-28
Institutions: EFTA Court
Subjects: Iceland, bank deposit, infringement of EU law








C_2013132EN.01001101.xml










9.5.2013   


EN


Official Journal of the European Union


C 132/11





JUDGMENT OF THE COURT
of 28 January 2013
in Case E-16/11
EFTA Surveillance Authority v Iceland
(Directive 94/19/EC on deposit-guarantee schemes — Obligation of result — Emanation of the State — Discrimination)
2013/C 132/06
In Case E-16/11, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing to ensure payment of the minimum amount of compensation to Icesave depositors in the Netherlands and in the United Kingdom provided for in Article 7(1) of the Act referred to at point 19a of Annex IX to the Agreement on the European Economic Area (Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes) within the time limits laid down in Article 10 of the Act, Iceland has failed to comply with the obligations resulting from that Act, in particular its Articles 3, 4, 7 and 10, and/or Article 4 of the Agreement on the European Economic Area, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Páll Hreinsson and Ola Mestad (ad hoc), Judges, gave judgment on 28 January 2013, the operative part of which is as follows:
The Court hereby:






1.


dismisses the application;










2.


orders the EFTA Surveillance Authority to pay its own costs and the costs incurred by Iceland;










3.


orders the European Commission to bear its own costs.
Council Decision of 28 January 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2013-01-28
Institutions: Council of the European Union
Subjects: Cedefop, Lithuania, appointment of members, decision-making body (EU)








C_2013030EN.01001301.xml










1.2.2013   


EN


Official Journal of the European Union


C 30/13





COUNCIL DECISION
of 28 January 2013
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2013/C 30/07
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nominations submitted by the Lithuanian Government,
Whereas:






(1)


By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.










(2)


A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Romualdas PUSVAŠKIS.










(3)


The member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,




HAS DECIDED AS FOLLOWS:
Sole Article
The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

GOVERNMENT REPRESENTATIVE:







LITHUANIA


Mr Saulius ZYBARTAS





Done at Brussels, 28 January 2013.


For the Council


The President

S. COVENEY




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.
2013/69/EU: Council Decision of 28 January 2013 appointing a Czech alternate member of the Committee of the Regions
Date: 2013-01-28
Institutions: Council of the European Union
Subjects: Czechia, European Committee of the Regions, appointment of members








L_2013032EN.01001701.xml










1.2.2013   


EN


Official Journal of the European Union


L 32/17








            COUNCIL DECISION
         
of 28 January 2013
         
appointing a Czech alternate member of the Committee of the Regions
(2013/69/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 Czech 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 end of the term of office of Mr David RATH,





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:






—


Mr Václav NOVOTNÝ, radní hl. města Prahy.






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




Done at Brussels, 28 January 2013.


For the Council


The President

S. COVENEY
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-42/13: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 28 January 2013 — Cartiera dell’Adda SpA and Cartiera di Cologno SpA v CEM Ambiente SpA
Date: 2013-01-28
Institutions: Court of Justice
Subjects: Italy, administrative sanction, interpretation of the law, invitation to tender








C_2013101EN.01001101.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/11





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 28 January 2013 — Cartiera dell’Adda SpA and Cartiera di Cologno SpA v CEM Ambiente SpA
(Case C-42/13)
2013/C 101/23
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings


Applicant: Cartiera dell’Adda SpA, Cartiera di Cologno SpA

Defendant: CEM Ambiente SpA

Questions referred







1.


Is it contrary to Community law, when an undertaking participating in a tendering procedure has failed to declare, in its request for participation, that its technical director has not been the object of any of the prosecutions and convictions referred to in Article 38(1)(b) and (c) of Legislative Decree No 163/2006, for an interpretation of that article to be given, in accordance with which the awarding entity must order the exclusion of that undertaking even when that undertaking has suitably proved that the use of the term ‘technical director’ in its request was due to a mere clerical error?










2.


Is it contrary to Community law, when an undertaking participating in a tendering procedure has provided relevant, suitable evidence that the persons required to make the statements referred to in Article 38(1)(b) and (c) have not been the object of any of the prosecutions and convictions referred to therein, for an interpretation of that article to be given, in accordance with which the awarding entity must order the exclusion of that undertaking as a consequence of the failure to comply with the lex specialis under which the tendering procedure was launched?
Case C-44/13: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 28 January 2013 — Hauptzollamt Krefeld v Rhein-Ruhr Beschichtungs-Service GmbH
Date: 2013-01-28
Institutions: Court of Justice
Subjects: EU control, Germany, electrical energy, energy-generating product, fuel, heating, interpretation of the law, tax








C_2013123EN.01001002.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/10





Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 28 January 2013 — Hauptzollamt Krefeld v Rhein-Ruhr Beschichtungs-Service GmbH
(Case C-44/13)
2013/C 123/15
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Defendant and appellant: Hauptzollamt Krefeld

Applicant and respondent: Rhein-Ruhr Beschichtungs-Service GmbH

Question referred

Does Article 2(3) of Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, (1) in relation to the taxation of energy products other than those for which a level of taxation is specified in the Directive, require the application of a rate of tax which national law specifies for the use of an energy product as heating fuel, provided that that other energy product is also used as heating fuel? Or, in cases where the other energy product — in circumstances where it is used as heating fuel — is equivalent to a particular energy product, can the rate of tax specified by national law for this energy product be applied, even in the case where the rate of tax is the same irrespective of whether it is being used as motor fuel or as heating fuel?


(1)  OJ 2003 L 283, p. 51.
Case C-48/13: Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 28 January 2013 — Nordea Bank Danmark A/S v Skatteministeriet (Ministry of Taxation)
Date: 2013-01-28
Institutions: Court of Justice
Subjects: Denmark, cessation of trading, financial loss, interpretation of the law, tax relief, transfer of businesses








C_2013101EN.01001102.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/11





Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 28 January 2013 — Nordea Bank Danmark A/S v Skatteministeriet (Ministry of Taxation)
(Case C-48/13)
2013/C 101/24
Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings


Applicant: Nordea Bank Danmark A/S

Defendant: Skatteministeriet (Ministry of Taxation)

Question referred

Are Article 49 TFEU, read together with Article 54 (formerly Article 43 EC, read together with Article 48) and Article 31 of the EEA Agreement, read together with Article 34, to be interpreted as precluding a Member State, which allows a company situated in that State to deduct losses on an ongoing basis from a permanent establishment situated in another Member State, from making full recapture from the company of the losses arising from the permanent establishment (in so far as they are not matched with profits in future years) in the event of the permanent establishment closing down, in connection with which part of the establishment’s business is transferred to an affiliated company within the group which is resident in the same State as the permanent establishment, and where it must be assumed that the possibilities for applying the losses in question have been exhausted?
2013/70/EU: Council Decision of 28 January 2013 appointing an Italian member of the Committee of the Regions
Date: 2013-01-28
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2013032EN.01001801.xml










1.2.2013   


EN


Official Journal of the European Union


L 32/18








            COUNCIL DECISION
         
of 28 January 2013
         
appointing an Italian member of the Committee of the Regions
(2013/70/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 Italian 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 end of the term of office of Mr Francesco MUSOTTO,





HAS ADOPTED THIS DECISION:



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






—


Mr Rosario CROCETTA, Presidente della Regione Siciliana.






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




Done at Brussels, 28 January 2013.


For the Council


The President

S. COVENEY
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-46/13: Action brought on 28 January 2013 — Sabores de Navarra v OHIM — Frutas Solano (KIT, EL SABOR DE NAVARRA)
Date: 2013-01-28
Institutions: General Court
Subjects: EU trade mark, Navarre, Spain, designation of origin, food industry, registered trade mark, trade-mark law








C_2013086EN.01002402.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/24





Action brought on 28 January 2013 — Sabores de Navarra v OHIM — Frutas Solano (KIT, EL SABOR DE NAVARRA)
(Case T-46/13)
2013/C 86/40
Language in which the application was lodged: Spanish

Parties


Applicant: Sabores de Navarra, AIE (Pamplona, Spain) (represented by: J. Calderón Chavero and O. González Fernández, lawyers)

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

Other party to the proceedings before the Board of Appeal: Frutas Solano, SA (Calahorra, Spain)

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 7 November 2012 in Cases R 2542/2011-2 and R 2550/2011-2;










—


consequently, apply the decision of 11 October 2011 adopted by the Cancellation Division of OHIM in annulment proceedings No 4633 C; that decision declared invalid in part Community Trade Mark No 5042346 ‘KIT, EL SABOR DE NAVARRA’ (word mark) in respect of Class 29 for ‘Preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; all originating in Navarra’ and in respect of Class 30 for ‘Pastry and confectionery, honey, treacle; sauces (condiments); spices’;










—


uphold the applicant’s submissions requiring the relevant Cancellation Division of OHIM to declare invalid once again the goods set out in the previous point;










—


order OHIM to pay the costs associated with the present action.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘KIT, EL SABOR DE NAVARRA’ for goods in Classes 29, 30 and 33 — Registered Community Trade Mark No 5 042 346

Proprietor of the Community trade mark: Frutas Solano, SA

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Figurative mark with the word element ‘Sabores de Navarra La Sabiduría del Sabor’ for goods and services in Classes 29, 30, 33, 39 and 42

Decision of the Cancellation Division: Application upheld in part

Decision of the Board of Appeal: Appeal brought by Frutas Solano, SA upheld in part and partial annulment of the decision of the Cancellation Division, dismissal of the applicant’s action

Pleas in law:







—


Breach of Article 8(1)(b) of Regulation No 207/2009, in conjunction with Article 53(1)(a) of that regulation;










—


Breach of Article 15 of Regulation No 207/2009
Case C-45/13: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 28 January 2013 — Andreas Kainz AG v Pantherwerke AG
Date: 2013-01-28
Institutions: Court of Justice
Subjects: defective product, jurisdiction, producer's liability








C_2013147EN.01000203.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/2





Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 28 January 2013 — Andreas Kainz AG v Pantherwerke AG
(Case C-45/13)
2013/C 147/04
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Andreas Kainz

Defendant: Pantherwerke AG

Questions referred







1.


Is the ‘place where the harmful event occurred or may occur’ in Article 5(3) of Regulation (EC) No 44/2001 (1) (‘Regulation No 44/2001’) to be interpreted, in relation to product liability, as meaning:






1.1


that the place of the event giving rise to the damage (Handlungsort) is the place where the manufacturer is established;










1.2


that the place of the event giving rise to the damage (Handlungsort) is the place where the product is put into circulation;










1.3


that the place of the event giving rise to the damage (Handlungsort) is the place where the product is put into circulation;














2.


If Question 1.2 is answered in the affirmative:






2.1


Is the product put into circulation when it has left the manufacturing process operated by the producer and enters a marketing process in the form in which it is offered to the public in order to be used or consumed?










2.2


Is the product put into circulation when it is marketed in a structured way to end-users?










(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).