do-me/EUR-LEX huggingface dataset:
Case T-504/11: Judgment of the General Court of 4 February 2013 — Hartmann v OHIM — Protecsom (DIGNITUDE) (Community trade mark — Opposition proceedings — Application for Community word mark DIGNITUDE — Earlier national and Community word marks Dignity — Relative ground for refusal — No likelihood of confusion — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-02-04
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013079EN.01001702.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/17





Judgment of the General Court of 4 February 2013 — Hartmann v OHIM — Protecsom (DIGNITUDE)
(Case T-504/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark DIGNITUDE - Earlier national and Community word marks Dignity - Relative ground for refusal - No likelihood of confusion - No similarity between the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 79/31
Language of the case: English

Parties


Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: N. Aicher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Protecsom SAS (Valognes, France)

Re:

Action brought against the decision of the Fourth Chamber of Appeal of OHIM of 28 July 2011 (Case R 1197/2010-4), relating to opposition proceedings between Paul Hartmann AG and Protecsom SAS.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Paul Hartmann AG to pay the costs.






(1)  OJ C 340, 19.11.2011.
Case F-11/13: Action brought on 4 February 2013 — ZZ v EEAS
Date: 2013-02-04
Institutions: Civil Service Tribunal
Subjects: European External Action Service, European civil service, indemnification, reassignment








C_2013123EN.01002902.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/29





Action brought on 4 February 2013 — ZZ v EEAS
(Case F-11/13)
2013/C 123/52
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen and E. Marchal, lawyers)

Defendant: European External Action Service (EEAS)

Subject-matter and description of the proceedings

Annulment of the decision to transfer the applicant to a post at EEAS headquarters and to terminate his posting to an EU delegation.

Form of order sought







—


Annul the decision of 8 March 2012 to transfer the applicant, with effect from 1 September 2012, to a post at headquarters and to bring his posting to a premature end;










—


Order the EEAS to pay an amount equivalent to the difference between his earnings from 1 September 2012, when he was repatriated to headquarters, and his former earnings, until 1 September 2013, the date on which he could have been transferred back to headquarters in the context of the system of rotation of the heads of delegation posts;










—


In so far as necessary, annul the decision to reject his complaint of 24 October 2012;










—


Order the EEAS to pay the costs.
Case T-64/13: Action brought on 4 February 2013 — ANKO v Commission
Date: 2013-02-04
Institutions: General Court
Subjects: European Commission, administrative contract, contractual liability, indemnification, misuse of a right, principle of proportionality, redemption, works contract








C_2013086EN.01002702.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/27





Action brought on 4 February 2013 — ANKO v Commission
(Case T-64/13)
2013/C 86/46
Language of the case: Greek

Parties


Applicant: ANKO AE Antiprosopion, Emporiou kai Viomikhanias (Athens, Greece) (represented by: V. Khristianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare that the applicant does not have to refund as wrongly paid the sum which the Commission paid to it for the DOC@HAND project;










—


declare that the applicant does not have to pay the Commission liquidated damages for the DOC@HAND project;










—


order the Commission to pay the applicant’s costs.





Pleas in law and main arguments

The present action concerns liability of the Commission under contract No 508015 relating to the carrying out of the project ‘Knowledge Sharing and Decision Support for Healthcare Professionals’ (DOC@HAND), pursuant to Article 272 TFEU. Specifically, the applicant submits that, although it performed its contractual obligations, the Commission, in breach of the aforementioned contract, of the principle of good faith, of the prohibition of the abuse of rights, and of proportionality, sought reimbursement of the sums paid to it.
For that reason, the applicant submits, first, that it does not have to refund as wrongly paid the whole of the sum which the Commission paid to it for the DOC@HAND project and, second, that it does not have to pay the Commission liquidated damages for the DOC@HAND project.
2013/75/EU: Council Decision of 4 February 2013 appointing a Danish alternate member of the Committee of the Regions
Date: 2013-02-04
Institutions: Council of the European Union
Subjects: Denmark, European Committee of the Regions, appointment of members








L_2013035EN.01000501.xml










6.2.2013   


EN


Official Journal of the European Union


L 35/5








            COUNCIL DECISION
         
of 4 February 2013
         
appointing a Danish alternate member of the Committee of the Regions
(2013/75/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 Danish 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 Martin MERRILD,





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 Erik FLYVHOLM, Borgmester i Lemvig Kommune.






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




Done at Brussels, 4 February 2013.


For the Council


The President

E. GILMORE
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-58/13: Request for a preliminary ruling from the Consiglio Nazionale Forense (Italy) lodged on 4 February 2013 — Angelo Alberto Torresi v Consiglio dell’Ordine degli Avvocati di Macerata
Date: 2013-02-04
Institutions: Court of Justice
Subjects: Italy, access to a profession, freedom to provide services, lawyer








C_2013147EN.01000501.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/5





Request for a preliminary ruling from the Consiglio Nazionale Forense (Italy) lodged on 4 February 2013 — Angelo Alberto Torresi v Consiglio dell’Ordine degli Avvocati di Macerata
(Case C-58/13)
2013/C 147/08
Language of the case: Italian

Referring court

Consiglio Nazionale Forense

Parties to the main proceedings


Applicant: Angelo Alberto Torresi

Defendant: Consiglio dell’Ordine degli Avvocati di Macerata

Questions referred







1.


In the light of the general principle which prohibits any abuse of rights and Article 4(2) TEU, relating to respect for national identities, is Article 3 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (1) to be interpreted as obliging national administrative authorities to register in the register of lawyers qualifying abroad Italian nationals who have conducted themselves in a manner which abuses Union law, and as precluding a national practice which allows such authorities to reject applications for registration in the register of lawyers qualifying abroad where there are objective circumstances to indicate that there has been an abuse of Union law, without prejudice either to respect of the principles of proportionality and non-discrimination or to the right of the person concerned to institute legal proceedings in order to argue a possible infringement of the right of establishment and, consequently, the possibility of judicial review of the administrative action in question?










2.


If the first question should be answered in the negative, is Article 3 of Directive 98/5/EC, thus interpreted, to be regarded as invalid in light of Article 4(2) TEU, in that it enables circumvention of the rules of a Member State which make access to the legal profession conditional on passing a State examination, given that the Constitution of that Member States makes provision for such an examination and that the examination forms part of the fundamental principles safeguarding consumers of legal services and the proper administration of justice?






(1)  OJ 1998 L 77, p. 36.
Case C-59/13: Request for a preliminary ruling from the Consiglio Nazionale Forense (Italy) lodged on 4 February 2013 — Pierfrancesco Torresi v Consiglio dell’Ordine degli Avvocati di Macerata
Date: 2013-02-04
Institutions: Court of Justice
Subjects: Italy, access to a profession, freedom to provide services, lawyer








C_2013147EN.01000502.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/5





Request for a preliminary ruling from the Consiglio Nazionale Forense (Italy) lodged on 4 February 2013 — Pierfrancesco Torresi v Consiglio dell’Ordine degli Avvocati di Macerata
(Case C-59/13)
2013/C 147/09
Language of the case: Italian

Referring court

Consiglio Nazionale Forense

Parties to the main proceedings


Applicant: Pierfrancesco Torresi

Defendant: Consiglio dell’Ordine degli Avvocati di Macerata

Questions referred







1.


In the light of the general principle which prohibits any abuse of rights and Article 4(2) TEU, relating to respect for national identities, is Article 3 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (1) to be interpreted as obliging national administrative authorities to register in the register of lawyers qualifying abroad Italian nationals who have conducted themselves in a manner which abuses Union law, and as precluding a national practice which allows such authorities to reject applications for registration in the register of lawyers qualifying abroad where there are objective circumstances to indicate that there has been an abuse of Union law, without prejudice either to respect of the principles of proportionality and non-discrimination or to the right of the person concerned to institute legal proceedings in order to argue a possible infringement of the right of establishment and, consequently, the possibility of judicial review of the administrative action in question?










2.


If the first question should be answered in the negative, is Article 3 of Directive 98/5/EC, thus interpreted, to be regarded as invalid in light of Article 4(2) TEU, in that it enables circumvention of the rules of a Member State which make access to the legal profession conditional on passing a State examination, given that the Constitution of that Member States makes provision for such an examination and that the examination forms part of the fundamental principles safeguarding consumers of legal services and the proper administration of justice?






(1)  OJ 1998 L 77, p. 36.
Case T-55/13: Action brought on 4 February 2013 — Formula One Licensing/OHIM — Idea Marketing (F1H2O)
Date: 2013-02-04
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sport, trade-mark law








C_2013101EN.01002203.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/22





Action brought on 4 February 2013 — Formula One Licensing/OHIM — Idea Marketing (F1H2O)
(Case T-55/13)
2013/C 101/49
Language in which the application was lodged: English

Parties


Applicant: Formula One Licensing BV (Rotterdam, Netherlands) (represented by: B. Klingberg, lawyer)

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

Other party to the proceedings before the Board of Appeal: Idea Marketing SA (Lausanne, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of appeal in case R 1247/2011-4;










—


Order the defendant to bear the costs of the proceedings before the Office for Harmonisation;










—


Order the intervener to bear the costs of the proceedings before the Office for Harmonisation.





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 word mark ‘F1H2O’ , for goods and services in classes 9, 25, 38 and 41 — International Registration No 925 383 designating the European Union

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

Mark or sign cited in opposition: International Registration No 732 134, British trade mark No 2277746B, Community trade mark No 3 934 387, International registration N 845 571, Benelux trademark No 749 056, British trade mark No 2277746 D, Community trade mark No 631 531, Community trade mark No 3 429 396, International Registration No 714 320, International Registration No 823 226 and Benelux trade mark No 732 601 of the mark‘F1 et al.’ for goods and services in classes 1, 3, 4, 7, 8, 9, 11, 12, 14, 16, 18, 21, 24, 25, 28, 29, 30, 32 to 36, 38, 39 and 41 to 43

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.
Case T-54/13: Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
Date: 2013-02-04
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2013101EN.01002202.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/22





Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
(Case T-54/13)
2013/C 101/48
Language of the case: German

Parties


Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by M. Wekwerth, 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 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 2544/2011-1;










—


Order the defendant to pay the costs including those incurred in the appeal proceedings.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark including the word element ‘FICKEN LIQUORS’ for goods and services in Classes 25, 32, 33 and 35

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(f) and Article 7(2) of Regulation No 207/2009
Case T-159/11: Judgment of the General Court of 4 February 2013 — Marszałkowski v OHIM — Mar-Ko Fleischwaren (WALICHNOWY MARKO) (Community trade mark — Opposition proceedings — Application for Community figurative mark WALICHNOWY MARKO — Earlier Community word mark MAR-KO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-02-04
Institutions: General Court
Subjects: EU trade mark, meat product, registered trade mark, trade-mark law








C_2013079EN.01001402.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/14





Judgment of the General Court of 4 February 2013 — Marszałkowski v OHIM — Mar-Ko Fleischwaren (WALICHNOWY MARKO)
(Case T-159/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark WALICHNOWY MARKO - Earlier Community word mark MAR-KO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 79/24
Language of the case: Polish

Parties


Applicant: Marek Marszałkowski (Sokolniki, Poland) (represented by: C. Sadkowski, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Zajfert and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Mar-Ko Fleischwaren GmbH & Co. KG (Blankenheim, Germany) (represented by: O. Ruhl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 January 2011 (Case R 760/2010-4) relating to opposition proceedings between Mar-Ko Fleischwaren GmbH & Co. KG and Mr Marek Marszałkowski.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Marek Marszałkowski to pay the costs.






(1)  OJ C 145, 14.5.2011.
Recommendation of the European Central Bank of 4 February 2013 to the Council of the European Union on the external auditors of the Central Bank of Cyprus (ECB/2013/3)
Date: 2013-02-04
Institutions: European Central Bank
Subjects: Cyprus, audit, central bank








C_2013037EN.01000101.xml










9.2.2013   


EN


Official Journal of the European Union


C 37/1





RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 4 February 2013
to the Council of the European Union on the external auditors of the Central Bank of Cyprus
(ECB/2013/3)
2013/C 37/01
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


The mandate of the Central Bank of Cyprus’s current external auditors will end after the audit for the financial year 2012. It is therefore necessary to appoint external auditors from the financial year 2013.










(3)


The Central Bank of Cyprus has selected KPMG Limited as its external auditors for the financial years 2013 to 2017,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that KPMG Limited should be appointed as the external auditors of the Central Bank of Cyprus for the financial years 2013 to 2017.

Done at Frankfurt am Main, 4 February 2013.


The President of the ECB

Mario DRAGHI
Case C-60/13: Action brought on 4 February 2013 — European Commission v United Kingdom of Great Britain and Northern Ireland
Date: 2013-02-04
Institutions: Court of Justice
Subjects: China, United Kingdom, access to information, bulb vegetable, import (EU), infringement of EU law, originating product, tariff quota








C_2013141EN.01001102.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/11





Action brought on 4 February 2013 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-60/13)
2013/C 141/19
Language of the case: English

Parties


Applicant: European Commission (represented by: A. Caeiros, L. Flynn, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


declare that, by refusing to make available the sum of £ 20 061 462,11 in relation to duties on imports of fresh garlic covered by erroneous binding tariff information, the United Kingdom of Great Britain and Northern Ireland has failed to fulfill its obligations under Article 4(3) of the Treaty on European Union, Article 8 of Decision 2000/597/EC (1) and Articles 2, 6, 9, 10 and 11 of Regulation (EC) No 1150/2000 (2).;










—


order United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

By its application, the Commission claims that the United Kingdom authorities caused a loss of traditional own resources by issuing Binding Tariff Information documents without due care which allowed imports of fresh Chinese garlic outside quota. The Commission considers that, where there has been an administrative error and consequently own resources were unduly not established, the EU must be credited with the equivalent of the amount of own resources lost. Accordingly, the United Kingdom authorities should have made available to the Commission the total amount of customs duties involved, which is estimated at £ 20 061 462,11, as well as the interest due on late payments under Article 11 of Regulation No 1150/2000.


(1)  2000/597/EC, Euratom: Council Decision of 29 September 2000 on the system of the European Communities' own resources
OJ L 253, p. 42

(2)  Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources
OJ L 130, p. 1
Case C-57/13: Request for a preliminary ruling from the Tribunal Central Administrativo Norte (Portugal) lodged on 4 February 2013 — Marina da Conceição Pacheco Almeida v Fundo de Garantia Salarial, IP, Instituto da Segurança Social, IP
Date: 2013-02-04
Institutions: Court of Justice
Subjects: Portugal, financial solvency, interpretation of the law, pay








C_2013108EN.01001701.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/17





Request for a preliminary ruling from the Tribunal Central Administrativo Norte (Portugal) lodged on 4 February 2013 — Marina da Conceição Pacheco Almeida v Fundo de Garantia Salarial, IP, Instituto da Segurança Social, IP
(Case C-57/13)
2013/C 108/35
Language of the case: Portuguese

Referring court

Tribunal Central Administrativo Norte

Parties to the main proceedings


Appellant: Marina da Conceição Pacheco Almeida

Respondent: Fundo de Garantia Salarial, IP, Instituto da Segurança Social, IP

Question referred

Is European Union law, in the specific context of a guarantee covering wage claims in the event of the employer’s insolvency, in particular Articles 4 and 10 of Directive 80/987/EEC, (1) to be interpreted as precluding a provision of national law which guarantees only claims falling due in the six months preceding the initiation of insolvency proceedings against the employer, even where the employee has brought an action against that employer before the Tribunal do Trabalho (Labour Court) with a view to obtaining a judicial determination of the amount outstanding and an enforcement order to recover those sums?


(1)  Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer. (OJ 1980 L 283 p. 23).