do-me/EUR-LEX huggingface dataset:
Case T-235/11: Judgment of the General Court of of 31 January 2013 — Spain v Commission (Cohesion Fund — Reduction of the financial assistance initially granted by the Fund to five projects concerning the implementation of certain lines of the high-speed railway network in Spain — Time-limit for the adoption of a decision — Article H(2) of Annex II to Regulation (EC) No 1164/94 — Article 18(3) of Regulation (EC) No 1386/2002 — Additional deliveries — Additional works or services — Concept of ‘unforeseen circumstance’ — Article 20(2)(e) and (f) of Directive 93/38/EEC)
Date: 2013-01-31
Institutions: General Court
Subjects: Cohesion Fund, France, Spain, cross-border transport, financial aid, high-speed transport, noise protection, transport infrastructure








C_2013079EN.01001403.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/14





Judgment of the General Court of of 31 January 2013 — Spain v Commission
(Case T-235/11) (1)

(Cohesion Fund - Reduction of the financial assistance initially granted by the Fund to five projects concerning the implementation of certain lines of the high-speed railway network in Spain - Time-limit for the adoption of a decision - Article H(2) of Annex II to Regulation (EC) No 1164/94 - Article 18(3) of Regulation (EC) No 1386/2002 - Additional deliveries - Additional works or services - Concept of ‘unforeseen circumstance’ - Article 20(2)(e) and (f) of Directive 93/38/EEC)
2013/C 79/25
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez and N. Díaz Abad initially, then by N. Díaz Abad and A. Rubio González, abogados del Estado)

Defendant: European Commission (represented by: E. Adserá Ribera and D. Recchia, Agents)

Re:

Primarily, application for annulment of Commission Decision C(2011) 1023 final of 18 February 2011 reducing assistance from the Cohesion Fund for the project phases entitled ‘Supply and assembly of track materials for the Madrid-Zaragoza-Barcelona-French border High-Speed Line. Madrid-Lleida section’ (CCI 1999.ES.16.C.PT.001), ‘Madrid-Barcelona High-Speed Rail line. Lleida-Martorell section (Platform, 1st phase)’ (CCI 2000.ES.16.C.PT.001), ‘Madrid-Zaragoza-Barcelona-French border High-Speed Line. Approaches to Zaragoza’ (CCI 2000.ES.16.C.PT.003), ‘Madrid- Barcelona-French border High-Speed Line. Lleida-Martorell section. X-A sub-section (Olérdola — Avinyonet del Penedés)’ (CCI 2001.ES.16.C.PT.007), ‘New High-Speed rail access to Levante. La Gineta-Albacete sub-section (Platform)’ (CCI 2004.ES.16.C.PT.014) and, in the alternative, application for partial annulment of the same decision so far as concerns the corrections made by the Commission.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 186, 25.6.2011.
Notice of open competition
Date: 2013-01-31
Institutions: European Personnel Selection Office
Subjects: EPSO, administrator, competition (EU), construction policy








C_2013029EN.01000401.xml










31.1.2013   


EN


Official Journal of the European Union


C 29/4





NOTICE OF OPEN COMPETITION
2013/C 29/04
The European Personnel Selection Office (EPSO) is organising the following open competition:
EPSO/AD/248/13 — Administrators (AD 6) in the building sector in the following fields:






1.


Security of buildings










2.


Engineering in specialised building techniques




The competition notice is published in 23 languages in Official Journal C 29 A of 31 January 2013.
Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/
Commission Implementing Regulation (EU) No 87/2013 of 31 January 2013 correcting the Polish version of Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil
Date: 2013-01-31
Institutions: European Commission
Subjects: consumer information, labelling, marketing standard, olive oil, trade information








L_2013032EN.01000701.xml










1.2.2013   


EN


Official Journal of the European Union


L 32/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 87/2013
of 31 January 2013
         
correcting the Polish version of Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil


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), and in particular Article 113, paragraph 1, point (a), and Article 121, first paragraph, point (a), in conjunction with Article 4,

Whereas:







(1)


The Polish version of Commission Implementing Regulation (EU) No 29/2012 of 13 January 2012 on marketing standards for olive oil (2) contains an error. The text of the first of the two labels provided for in point (d) of the second paragraph of Article 3 of that Regulation incorrectly refers to ‘the pomace obtained after the extraction of olive oil’ instead of ‘the product obtained after the extraction of olive oil’. In consequence the meaning of both labels in the Polish version of the Regulation overlaps.












(2)


Implementing Regulation (EU) No 29/2012 should therefore be corrected accordingly.












(3)


In order to avoid any prejudice to the interests of those economic operators who have complied with the incorrect obligation provided for by the Polish version of Implementing Regulation (EU) No 29/2012, they should be allowed to continue using incorrect labels for a certain period. In order to minimise the duration of that period, this Regulation should enter into force on the day following that of its publication.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
Concerns only the Polish version.


Article 2
Products which have been manufactured and labelled in the Union or imported into the Union and put into free circulation in accordance with the Polish version of Implementing Regulation (EU) No 29/2012 before the entry into force of this Regulation may be marketed until 2 February 2014.


Article 3
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, 31 January 2013.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 12, 14.1.2012, p. 14.
Case T-53/13: Action brought on 31 January 2013 — Vans/OHIM (Line which slants and curves)
Date: 2013-01-31
Institutions: General Court
Subjects: EU trade mark, fancy leather goods and glove-making industry, registered trade mark, trade-mark law








C_2013101EN.01002201.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/22





Action brought on 31 January 2013 — Vans/OHIM (Line which slants and curves)
(Case T-53/13)
2013/C 101/47
Language of the case: English

Parties


Applicant: Vans, Inc. (Cypress, United Sates) (represented by: M. Hirsch, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision in its entirety;










—


Order the defendant to pay the costs of the proceeding.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark containing a device of a line which slants and curves for goods in classes 18 and 25 — Community trade mark application No 10 263 838

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and 7(3) of Council Regulation No 207/2009.
Council Decision 2013/71/CFSP of 31 January 2013 concerning the temporary reception by Member States of the European Union of certain Palestinians
Date: 2013-01-31
Institutions: Council of the European Union
Subjects: Palestine question, aid to refugees, political refugee, residence permit








L_2013032EN.01001901.xml










1.2.2013   


EN


Official Journal of the European Union


L 32/19








            COUNCIL DECISION 2013/71/CFSP
of 31 January 2013
         
concerning the temporary reception by Member States of the European Union of certain Palestinians


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,

Whereas:







(1)


On 16 December 2011, the Council adopted Decision 2011/845/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (2) for a further period of 12 months.












(2)


On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 12 months,





HAS ADOPTED THIS DECISION:



Article 1
The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 12 months.


Article 2
The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Decision.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 31 January 2013.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 335, 17.12.2011, p. 78.

(2)  
            OJ L 138, 28.5.2002, p. 33.
Information on the date of entry into force of the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Union
Date: 2013-01-31
Institutions: Council of the European Union
Subjects: São Tomé and Príncipe, agreement (EU), financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing rights








L_2013031EN.01000102.xml










31.1.2013   


EN


Official Journal of the European Union


L 31/1







Information on the date of entry into force of the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Union

On 8 November 2007 and 29 August 2011 respectively, the European Union and the Government of the Republic of São Tomé and Príncipe notified each other of the completion of the procedures necessary for entry into force of the Agreement (1).
The Agreement accordingly entered into force on 29 August 2011
          (2), in accordance with Article 17 thereof.


(1)  
            OJ L 205, 7.8.2007, p. 36.

(2)  In the interim the protocol has been used on provisional basis.
Publication of Nord-Trøndelag County Council’s notification of direct award pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70
Date: 2013-01-31
Institutions: EFTA Secretariat
Subjects: Norway, bus, carriage of passengers, inland transport, negotiated contract, public service, rail transport








C_2013029EN.01000201.xml










31.1.2013   


EN


Official Journal of the European Union


C 29/2





Publication of Nord-Trøndelag County Council’s notification of direct award pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70
2013/C 29/02






1.


Name and address of the competent authority:





Nord-Trøndelag County Council




Department of transport services




Postboks 2560




7735 Steinkjer




NORWAY














2.


Type of award envisaged:
Direct award










3.


Services and areas potentially covered by the award:
Local/regional passenger services by bus, performed by the following companies: Indre Namdal Trafikk AS, Namdalsbussen AS, Steinkjerbuss AS and NettBuss Trøndelag AS. Covering areas of Overhalla, Namskogan, Høylandet, Grong, Lierne, Røyrvik, Snåsa, Fosnes, Namsos, Namdalseid, Flatanger, Verran, Meråker, Stjørdal and Steinkjer municipalities in Nord-Trøndelag county.
Case T-77/13: Action brought on 31 January 2013 — Laboratoires Polive/OHIM — Arbora & Ausonia (DODIE)
Date: 2013-01-31
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2013108EN.01003101.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/31





Action brought on 31 January 2013 — Laboratoires Polive/OHIM — Arbora & Ausonia (DODIE)
(Case T-77/13)
2013/C 108/78
Language in which the application was lodged: English

Parties


Applicant: Laboratoires Polive (Levallois Perret, France) (represented by: A. Sion, lawyer)

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

Other party to the proceedings before the Board of Appeal: Arbora & Ausonia, SL (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision rendered by the second Board of Appeal which has annulled the decision from the Opposition Division,










—


Reject the opposition in its entirety, and










—


Order the OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘DODIE’, for goods in classes 3, 5 and 10 — Community trade mark application No 5 665 104

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade marks and national trade marks of figurative and word marks containing the word element ‘DODIS’, ‘DODIES’ or ‘DODOT’ for goods and services in classes 3, 5, 10, 12, 16, 18, 20, 21, 24, 25, 28, 35, and 44

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Upheld the appeal partly and annulled the contested decision with respect to certain goods of classes 3, 5 and 10

Pleas in law: Infringement of Articles 8(1)(b) Council Regulation No 207/2009.
Case T-54/12: Judgment of the General Court of 31 January 2013 — K2 Sports Europe v OHIM — Karhu Sport Iberica (SPORT) (Community trade mark — Opposition proceedings — Application for the Community figurative mark SPORT — Earlier national and international word marks K2 SPORTS — Relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-01-31
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2013079EN.01001801.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/18





Judgment of the General Court of 31 January 2013 — K2 Sports Europe v OHIM — Karhu Sport Iberica (SPORT)
(Case T-54/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark SPORT - Earlier national and international word marks K2 SPORTS - Relative ground for refusal - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 79/32
Language of the case: English

Parties


Applicant: K2 Sports Europe GmbH (Penzberg, Germany) (represented by: J. Güell Serra, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and I. Harrington, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Karhu Sport Iberica, SL (Córdoba, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 November 2011 (Case R 986/2010-4), concerning opposition proceedings between K2 Sports Europe GmbH and Karhu Sport Iberica, SL.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders K2 Sports Europe GmbH to pay the costs.






(1)  OJ C 109, 14.4.2012.