do-me/EUR-LEX huggingface dataset:
Case T-76/13: Action brought on 11 February 2013 — Compagnie des montres Longines, Francillon/OHIM — Staccata (QUARTODIMIGLIO)
Date: 2013-02-11
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, registered trade mark, trade-mark law








C_2013108EN.01003003.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/30





Action brought on 11 February 2013 — Compagnie des montres Longines, Francillon/OHIM — Staccata (QUARTODIMIGLIO)
(Case T-76/13)
2013/C 108/77
Language in which the application was lodged: English

Parties


Applicant: Compagnie des montres Longines, Francillon SA (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Staccata Srl (Como, Italy)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision issued on 26 November 2012 (Case R 62/2012-5) on the grounds that articles 8(1)(b) and (5) of Council Regulation (EC) No 207/2009 have indeed been fulfilled;










—


Order the OHIM and STACCATA S.r.l. to pay the costs of the proceedings.





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 containing a device of extended wings and the word element ‘QUARTODIMIGLIO’ for goods in classes 9, 14, 16, 18 and 25 — Community trade mark application No 9 260 597

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

Mark or sign cited in opposition: Figurative marks containing a device of extended wings and some of them the word element ‘LONGINES’ — Community trade mark registration No 225 714, International registrations No 401 319, No 529 334, No 610 902 and No 298 063 for goods in classes 9 and 14

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 F-14/13: Action brought on 11 February 2013 — ZZ v Commission
Date: 2013-02-11
Institutions: Civil Service Tribunal
Subjects: admission to examinations, competition (EU)








C_2013108EN.01004002.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/40





Action brought on 11 February 2013 — ZZ v Commission
(Case F-14/13)
2013/C 108/95
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Sagias, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the selection board in competition EPSO/AST/117/11 not to admit the applicant to the assessment tests in the absence of the professional experience required.

Form of order sought







—


Annul the decision of the selection board in competition EPSO/AST/117/11 not to admit the applicant to the assessment tests, a decision which was communicated to him by letter dated 18 April 2012 and subsequently confirmed, the confirmation having been communicated to him by letter dated 24 May 2012;










—


annul the decision of 9 November 2012, rejecting the complaint brought against the decision of the selection board mentioned above;










—


order the Commission to pay the costs.
Case F-15/13: Action brought on 11 February 2013 — ZZ v Commission
Date: 2013-02-11
Institutions: Civil Service Tribunal
Subjects: European civil service, transfer of pension rights








C_2013129EN.01003102.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/31





Action brought on 11 February 2013 — ZZ v Commission
(Case F-15/13)
2013/C 129/58
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, J.-N. Louis, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to close the procedures for the transfer of the applicant’s pension rights, without a transfer.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of 17 April 2012 to close the files on the transfer of the applicant’s pension rights;










—


order the Commission to pay the costs.
Case C-69/13: Request for a preliminary ruling from the Tribunale civile di Roma (Italy) lodged on 11 February 2013 — Mediaset SpA v Ministero dello Sviluppo Economico
Date: 2013-02-11
Institutions: Court of Justice
Subjects: Italy, State aid, judge, judgment of the Court (EU)








C_2013147EN.01000701.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/7





Request for a preliminary ruling from the Tribunale civile di Roma (Italy) lodged on 11 February 2013 — Mediaset SpA v Ministero dello Sviluppo Economico
(Case C-69/13)
2013/C 147/11
Language of the case: Italian

Referring court

Tribunale civile di Roma

Parties to the main proceedings


Applicant: Mediaset SpA

Defendant: Ministero dello Sviluppo Economico

Questions referred







1.


Is the national court called upon to rule on the amount of State aid which the Commission has ordered to be recovered bound, as regards both the existence of the State aid and its amount, by the Commission’s Decision of 24 January 2007 adopted upon the conclusion of procedure No C 52/2005 concerning State aid, as supplemented by the determinations which the Commission made in its notes of 11 June 2008 COMP/H4/EK/cd D(2008) 127 and 23 October 2009 COMP/H4/CN/si D(2009)230 and as confirmed by the Court of Justice in its judgment of 15 June 2010 in Case T-177/07?










2.


If the first question should be answered in the negative: In affirming in its judgment of 15 June 2010 in Case T-177/07 that it is for the national court to rule on the amount of the State aid, did the Court of Justice intend to restrict that power to the quantification of an amount which, inasmuch as it relates to State aid actually implemented and received, must necessarily have a positive value and cannot therefore be nil, or










3.


Did the Court of Justice, in affirming in its judgment of 15 June 2010 in Case T-177/07 that it is for the national court to rule on the amount of the State aid, instead mean to ascribe to the national court the power to assess the claim for the recovery of State aid insofar as concerns both the existence of the State aid and its quantum and also, therefore, the power to hold that there is no obligation to repay aid?
Case T-83/13 P: Appeal brought on 11 February 2013 by BS against the judgment of the Civil Service Tribunal of 12 February 2012 in Case F-90/11, BS v Commission
Date: 2013-02-11
Institutions: General Court
Subjects: European official, infringement of EU law, medical diagnosis, occupational disease, skin disease








C_2013101EN.01002901.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/29





Appeal brought on 11 February 2013 by BS against the judgment of the Civil Service Tribunal of 12 February 2012 in Case F-90/11, BS v Commission
(Case T-83/13 P)
2013/C 101/58
Language of the case: Italian

Parties


Appellant: BS (Messina, Italy) (represented by C. Pollicino, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


Declare the appeal admissible and well founded;










—


Set aside the judgment under appeal;










—


Confirm that the ‘Rules on insurance against the risk of accident and occupational disease for officials of the European Communities’ cover ‘the entire cutaneous system’ and not just ‘deep cutaneous burns and pathological cutaneous scarring’;










—


Order that a new medical committee be set up, with the task of reviewing the appellant’s case;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

The present appeal is brought against the judgment dismissing an action seeking, in essence, annulment of the decision by which the appointing authority concluded the procedure initiated for the purpose of Article 73 of the Staff Rules of Officials of the European Union by finding that the appellant did not suffer physical or mental impairments as a result of an attack on the appellant.
The appellant relies on two grounds of appeal.






1.


The first ground of appeal, alleging breach of the third paragraph of Article 22 of the Rules on Insurance.
It is submitted in this regard that, contrary to the requirements of those rules, the medical committee did not reach its decision as a collegiate body and, when it encountered a legal problem, failed to declare that it lacked competence.










2.


Second ground of appeal, alleging breach of Article 73 of the European reference schedule for the assessment of physical and mental impairments for medical purposes.
According to the appellant, by the judgment under appeal, the Civil Service Tribunal dismissed the action without providing the specific interpretation sought as to whether the Common Rules in question cover the entire cutaneous system, or only deep cutaneous burns and pathological cutaneous scarring.
Case C-73/13: Request for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 11 February 2013 — T
Date: 2013-02-11
Institutions: Court of Justice
Subjects: income in addition to normal pay, lawyer, legal aid








C_2013147EN.01000702.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/7





Request for a preliminary ruling from the Tribunale di Tivoli (Italy) lodged on 11 February 2013 — T
(Case C-73/13)
2013/C 147/12
Language of the case: Italian

Referring court

Tribunale di Tivoli

Parties to the main proceedings


Applicant: T

Questions referred







1.


Does Article 82 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that the judicial authorities are to make an order for payment in respect of the fees and expenses of the defending council which complies with the standard scale of lawyers’ fees in such a way that, they may not, in any event, be greater than the average amounts payable under the scales of fees in force relating to fees, court fees and emoluments, bearing in mind the nature of the professional commitment with reference to the impact of the tasks undertaken in relation to the procedural status of the defendant — comply with Article 47(3) of the [Charter of Fundamental Rights] of the European Union, which stipulates that legal aid is to be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice?










2.


Does Article 82 of Presidential Decree No 115 of 30 May 2002 on legal aid in Italian law — insofar as it stipulates that the judicial authorities are to make an order for payment in respect of the fees and expenses of the defending council which complies with the standard scale of lawyers’ fees in such a way that, they may not, in any event, be greater than the average amounts payable under the scales of fees in force relating to fees, court fees and emoluments, bearing in mind the nature of the professional commitment with reference to the impact of the tasks undertaken in relation to the procedural status of the defendant — comply with Article 6 the European Convention for the Protection of Human Rights, as transposed into Community law by Article 52(3) of the [Charter of Fundamental Rights] of the European Union and by Article 6 [TFEU]?
Case C-72/13: Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 11 February 2013 — Gmina Wrocław v Minister Finansów
Date: 2013-02-11
Institutions: Court of Justice
Subjects: Poland, VAT, interpretation of the law, real property








C_2013141EN.01001401.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/14





Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 11 February 2013 — Gmina Wrocław v Minister Finansów
(Case C-72/13)
2013/C 141/23
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Appellant: Gmina Wrocław

Respondent: Minister Finansów

Question referred

Do the provisions of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) preclude the imposition of VAT on the activities of a municipality consisting in the sale or the contribution to commercial companies of property, including immovable property, acquired by operation of law or without consideration, in particular by inheritance or gift?


(1)  OJ 2006 L 347, p. 1.