do-me/EUR-LEX huggingface dataset:
Case T-105/13: Action brought on 19 February 2013 — Ludwig Schokolade v OHIM — Immergut (TrinkFix)
Date: 2013-02-19
Institutions: General Court
Subjects: EU trade mark, foodstuff, registered trade mark, trade-mark law








C_2013108EN.01003602.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/36





Action brought on 19 February 2013 — Ludwig Schokolade v OHIM — Immergut (TrinkFix)
(Case T-105/13)
2013/C 108/86
Language in which the application was lodged: German

Parties


Applicant: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: S. Fischer and A. Brodkorb, lawyers)

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

Other party to the proceedings before the Board of Appeal: Immergut GmbH & Co. KG (Elsdorf, 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 13 December 2012 in Case R 34/2012-1;










—


order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings before it.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘TrinkFix’ for goods in Classes 29, 30 and 32 — Community trade mark application No 9 045 634

Proprietor of the mark or sign cited in the opposition proceedings: Immergut GmbH & Co. KG

Mark or sign cited in opposition: National and Community word mark ‘Drinkfit’ for goods in Classes 29 and 32

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 42(2) and (3) of Regulation No 207/2009 and of Article 8(1)(b) of Regulation No 207/2009.
Case F-18/13: Action brought on 19 February 2013 — ZZ v Commission
Date: 2013-02-19
Institutions: Civil Service Tribunal
Subjects: pension scheme, retirement conditions, scientific calculation








C_2013114EN.01004702.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/47





Action brought on 19 February 2013 — ZZ v Commission
(Case F-18/13)
2013/C 114/72
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision to calculate the accrual of pension rights acquired before entry into service on the basis of the new GIP.

Form of order sought







—


annulment of the decision of 17 January 2012 on the calculation of the accrual of his pension rights acquired before his entry into service at the Commission;










—


where necessary, annulment of the decision to reject his complaint of 13 November 2012 seeking the application of the GIP and actuarial rates applicable at the time of his application for transfer of his pension rights;










—


order the Commission to pay the costs.
Case T-418/12: Order of the General Court of 19 February 2013 — Beninca v Commission (Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — Interest in bringing proceedings — Express decision adopted after the action had been brought — No need to adjudicate)
Date: 2013-02-19
Institutions: General Court
Subjects: access to EU information, economic concentration, investment company, issue of securities








C_2013108EN.01002701.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/27





Order of the General Court of 19 February 2013 — Beninca v Commission
(Case T-418/12) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Implied refusal of access - Interest in bringing proceedings - Express decision adopted after the action had been brought - No need to adjudicate)
2013/C 108/69
Language of the case: English

Parties


Applicant: Jürgen Beninca (Frankfurt am Main, Germany) (represented by: C. Zschocke, lawyer)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart, acting as Agent)

Re:

Application for annulment of the Commission’s implied decision of 27 July 2012 refusing access to a document.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The European Commission shall bear its own costs and pay those incurred by Mr Jürgen Beninca.






(1)  OJ C 366, 24.11.2012.
Case C-83/13: Request for a preliminary ruling from the Arbetsdomstolen (Sweden) lodged on 19 February 2013 — Fonnship A/S, Svenska Transportarbetarförbundet v Fonnship A/S, Svenska Transportarbetarförbundet, Facket för Service och Kommunikation (SEKO)
Date: 2013-02-19
Institutions: Court of Justice
Subjects: EFTA countries, Sweden, freedom to provide services, interpretation of the law, legal domicile, ship's flag








C_2013114EN.01002701.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/27





Request for a preliminary ruling from the Arbetsdomstolen (Sweden) lodged on 19 February 2013 — Fonnship A/S, Svenska Transportarbetarförbundet v Fonnship A/S, Svenska Transportarbetarförbundet, Facket för Service och Kommunikation (SEKO)
(Case C-83/13)
2013/C 114/42
Language of the case: Swedish

Referring court

Arbetsdomstolen

Parties to the main proceedings


Applicants: Fonnship A/S, Svenska Transportarbetarförbundet

Defendants: Fonnship A/S, Svenska Transportarbetarförbundet, Facket för Service och Kommunikation (SEKO)

Questions referred

Is the rule in the EEA Agreement on free movement of services, maritime transport services — which rule has an equivalent in the EC Treaty — applicable to a company with its head office in an EFTA State as regards its activity in the form of transport services to an EC Member State or an EFTA State using a vessel which is registered and flagged in another country outside the EC/EEA?
Commission Implementing Regulation (EU) No 142/2013 of 19 February 2013 amending Regulation (EC) No 2535/2001 as regards the data relating to the body issuing certificates in New Zealand for the export of milk products
Date: 2013-02-19
Institutions: European Commission
Subjects: New Zealand, import (EU), import licence, milk, tariff quota








L_2013047EN.01004901.xml










20.2.2013   


EN


Official Journal of the European Union


L 47/49








            COMMISSION IMPLEMENTING REGULATION (EU) No 142/2013
of 19 February 2013
         
amending Regulation (EC) No 2535/2001 as regards the data relating to the body issuing certificates in New Zealand for the export of milk products


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 144(1) and Article 148(c), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2) lists in its Annex XII bodies responsible for issuing inward-monitoring arrangement (IMA 1) certificates.












(2)


New Zealand has communicated to the Commission a change, as from 1 March 2013, of the name and the location of the issuing body listed in that Annex. In view of that it is necessary to update the data relating to the issuing body in New Zealand listed in Annex XII to that Regulation.












(3)


Regulation (EC) No 2535/2001 should therefore be amended accordingly.












(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
Annex XII to Regulation (EC) No 2535/2001 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply to the IMA 1 certificates issued from 1 March 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2013.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 341, 22.12.2001, p. 29.




ANNEX
In Annex XII to Regulation (EC) No 2535/2001, the entry for New Zealand is replaced by the following:










‘New Zealand


ex 0405 10 11 


Butter


Ministry for Primary Industries







Pastoral House




25 The Terrace




PO Box 2526




Wellington 6140




Tel. +64 4 894 0100




Fax + 64 4 894 0720




www.mpi.govt.nz’








ex 0405 10 19 


Butter




ex 0405 10 30 


Butter




ex 0406 90 01 


Cheese for processing




ex 0406 90 21 


Cheddar
Case T-112/13: Action brought on 19 February 2013 — Cadbury Holdings/OHIM — Société des produits Nestlé (Shape of a four-finger chocolate bar)
Date: 2013-02-19
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2013123EN.01001901.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/19





Action brought on 19 February 2013 — Cadbury Holdings/OHIM — Société des produits Nestlé (Shape of a four-finger chocolate bar)
(Case T-112/13)
2013/C 123/32
Language in which the application was lodged: English

Parties


Applicant: Cadbury Holdings Ltd (Uxbridge, United Kingdom) (represented by: T. Mitcheson, Barrister, P. Walsh and S. Dunstan, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Société des produits Nestlé SA (Vevey, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


Annul the Decision of the Second Board of Appeal in Case R 513/2011-2 dated 11 December 2012, except insofar as the Board of Appeal determined that the mark is devoid of inherent distinctive character under Article 7(1)(b); and










—


Order OHIM to pay the costs of this application and order the intervener to pay the costs of the proceedings before the Cancellation Division and the Board of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The three-dimensional mark representing a shape of a four-finger chocolate bar for goods in class 30 — Community trade mark registration No 2 632 529

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

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

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 52(1)(a) in conjunction with Article 7(1)(b), (c), (d) and (e)(ii) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the Community trade mark invalid

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b), (c), (d) and (e)(ii) of Council Regulation No 207/2009.
Case T-103/13 P: Appeal brought on 19 February 2013 by European Commission against the judgment of the Civil Service Tribunal of 11 December 2012 in Case F-122/10, Cocchi and Falcione v Commission
Date: 2013-02-19
Institutions: General Court
Subjects: European civil service, interpretation of the law, transfer of pension rights








C_2013129EN.01002103.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/21





Appeal brought on 19 February 2013 by European Commission against the judgment of the Civil Service Tribunal of 11 December 2012 in Case F-122/10, Cocchi and Falcione v Commission
(Case T-103/13 P)
2013/C 129/44
Language of the case: French

Parties


Appellant: European Commission (represented by G. Gattinara and D. Martin, acting as Agents)

Other parties to the proceedings: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium)

Form of order sought by the appellant







—


Set aside the judgment of the Civil Service Tribunal of 13 December 2012 in Case F-122/10 Cocchi and Falcione v Commission;










—


Dismiss the action brought by Messrs Cocchi and Falcione in Case F-122/10 as inadmissible or, in any event, as unfounded;










—


Rule that each party is to bear its own costs of the present instance;










—


Order Messrs Cocchi and Falcione to pay the costs of the action brought before the Civil Service Tribunal.





Pleas in law and main arguments

In support of the appeal, the appellant relies on two pleas in law.






1.


First plea in law, alleging distortion of the notion of ‘act adversely affecting an official’ in that the CST held that the action at first instance was admissible by classifying as an act adversely affecting an official the proposal made by the Commission to the persons concerned as regards the number of annuities to be credited in the transfer of their pension rights under Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union.










2.


Second plea in law, alleging infringement of the principle of legitimate expectations, since the CST admitted the action, in part, while erring in law as to the interpretation of that principle. The Commission submits that the persons concerned could not claim any legitimate expectations as regards its proposals given that, firstly, those proposals also took account of the periods of service following the entry into service of the persons concerned and, secondly, those proposals did not refer to the amount actually transferred but to the amount transferable, contrary to the clear wording of Article 11(2) of Annex VIII to the Staff Regulations of Officials.
Prior notification of a concentration (Case COMP/M.6849 — Enel Green Power/Seci Energia/Powercrop) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-02-19
Institutions: European Commission
Subjects: economic concentration, merger control, renewable energy








C_2013047EN.01002601.xml










19.2.2013   


EN


Official Journal of the European Union


C 47/26





Prior notification of a concentration
(Case COMP/M.6849 — Enel Green Power/Seci Energia/Powercrop)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 47/12






1.


On 11 February 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Enel Green Power SpA (‘EGP’, Italy), controlled by Enel SpA, and Seci Energia SpA (‘Seci Energia’, Italy) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Powercrop Srl (‘Powercrop’, Italy), by way of a purchase of shares. Powercrop is currently wholly-owned by Seci Energia.










2.


The business activities of the undertakings concerned are:






—


for EGP: global operator in the field of energy generation from renewable sources,










—


for Seci Energia: energy generation from renewable energy,










—


for Powercrop: development, promotion and implementation of industrial projects in the field of renewable energy.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6849 — Enel Green Power/Seci Energia/Powercrop, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Decision
Date: 2013-02-19
Institutions: European Parliament
Subjects: European Parliament, competition (EU), public contract, reservation








C_2013048EN.01000101.xml










19.2.2013   


EN


Official Journal of the European Union


C 48/1





DECISION
2013/C 48/01
THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,
Having regard to Council Regulation (EEC, Euratom, ECSC) No 259/68, as amended by Regulation (EC, Euratom) No 723/2004 and most recently by Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010 amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities, and in particular Article 30 of those Staff Regulations,
Having regard to the Bureau decision of 3 May 2004 concerning the delegation of the powers of the appointing authority and of the authority empowered to conclude contracts of employment (AECE), as amended most recently by the Bureau on 4 May 2009,
Having regard to the expiry date, 31 December 2012, of the following European Parliament reserve lists:
PE/96/A, PE/97/A, A/94, A/95, A/96, AD/4/08, PE/99/S, PE/103/S, PE/104/S, PE/106/S, PE/107/S, PE/109/S, PE/117/S, PE/118/S, C/348, AST/1/2005, AST/1/2006, AST/5/08, PE/69/S, PE/96/S, PE/110/S and PE/119/S,
Having regard to the opinion of the Joint Committee delivered at its meeting of 21 November 2012,
HAS DECIDED:
Article 1
The period of validity of the following reserve lists:
AD/4/08, PE/99/S, PE/103/S, PE/104/S, PE/106/S, PE/107/S, PE/109/S, PE/117/S, PE/118/S, AST/5/08, PE/96/S, PE/110/S and PE/119/S
shall be extended until 31 December 2013.
Article 2
The period of validity of the following reserve lists:
PE/96/A, PE/97/A, A/94, A/95, A/96, C/348, AST/1/05, AST/1/06 and PE/69/S
shall not be extended.

Done at Luxembourg, 20 December 2012.

Klaus WELLE

Secretary-General
Case F-19/13: Action brought on 19 February 2013 — ZZ v Commission
Date: 2013-02-19
Institutions: Civil Service Tribunal
Subjects: European civil service, transfer of pension rights








C_2013123EN.01003002.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/30





Action brought on 19 February 2013 — ZZ v Commission
(Case F-19/13)
2013/C 123/54
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission

Subject-matter and description of the proceedings

Application for the annulment of the decision to calculate accredited pension rights acquired before entry into service on the basis of the new General Implementing Provisions.

Form of order sought







—


Annul the decision of 2 July 2012 concerning the calculation of accredited pension rights acquired by the applicant before his entry into service with the Commission;










—


in so far as necessary, annul the decision of 7 December 2012 rejecting his complaint requesting application of the General Implementing Provisions and the actuarial rates in force at the time of his request to transfer his pension rights;










—


order the Commission to pay the costs.
Euro exchange rates
Date: 2013-02-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2013047EN.01000901.xml










19.2.2013   


EN


Official Journal of the European Union


C 47/9





Euro exchange rates (1)

18 February 2013
2013/C 47/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3352




JPY


Japanese yen


125,24




DKK


Danish krone


7,4596




GBP


Pound sterling


0,86190




SEK


Swedish krona


8,4598




CHF


Swiss franc


1,2332




ISK


Iceland króna


 




NOK


Norwegian krone


7,4070




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,388




HUF


Hungarian forint


291,97




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6995




PLN


Polish zloty


4,1891




RON


Romanian leu


4,3861




TRY


Turkish lira


2,3587




AUD


Australian dollar


1,2946




CAD


Canadian dollar


1,3439




HKD


Hong Kong dollar


10,3538




NZD


New Zealand dollar


1,5797




SGD


Singapore dollar


1,6539




KRW


South Korean won


1 446,43




ZAR


South African rand


11,7906




CNY


Chinese yuan renminbi


8,3391




HRK


Croatian kuna


7,5863




IDR


Indonesian rupiah


12 923,07




MYR


Malaysian ringgit


4,1384




PHP


Philippine peso


54,183




RUB


Russian rouble


40,2300




THB


Thai baht


39,909




BRL


Brazilian real


2,6279




MXN


Mexican peso


16,9444




INR


Indian rupee


72,5080






(1)  Source: reference exchange rate published by the ECB.
Case C-82/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 19 February 2013 — Società cooperativa Madonna dei Miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali
Date: 2013-02-19
Institutions: Court of Justice
Subjects: EU aid, Italy, reimbursement of aid








C_2013147EN.01000803.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/8





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 19 February 2013 — Società cooperativa Madonna dei Miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali
(Case C-82/13)
2013/C 147/15
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Società cooperativa Madonna dei Miracoli

Respondents: Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

Questions referred







1.


Is it the case that the European Commission has cancelled the grant of the Community contribution and what was the decision adopted?
In the alternative:










2.


What legal effect is to be attached to the Commission’s failure to act, as a result of which the Community contribution was not paid?










3.


Does the Commission’s failure to act by non-disbursement of the Community contribution preclude the application of Article 42(a) of Abruzzo Regional Law 31/82, under which the appellant was granted the regional contribution ancillary to the Community contribution and, consequently, [does that failure] preclude payment of the regional contribution?
At all events:










4.


What are the obligations incumbent on the Italian State in the case of the European Commission’s persistent failure to act?