do-me/EUR-LEX huggingface dataset:
Case T-353/11: Judgment of the General Court of 21 March 2013 — Event v OHIM — CBT Comunicación Multimedia (eventer EVENT MANAGEMENT SYSTEMS) (Community trade mark — Opposition proceedings — Application for Community figurative mark eventer EVENT MANAGEMENT SYSTEMS — Earlier national word mark Event — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-03-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2013129EN.01001801.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/18





Judgment of the General Court of 21 March 2013 — Event v OHIM — CBT Comunicación Multimedia (eventer EVENT MANAGEMENT SYSTEMS)
(Case T-353/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark eventer EVENT MANAGEMENT SYSTEMS - Earlier national word mark Event - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 129/34
Language of the case: English

Parties


Applicant: Event Holding GmbH & Co. KG (Cologne, Germany) (represented by: G. Schoenen and V. Töbelmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: CBT Comunicación Multimedia (Getxo, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 March 2011 (Case R 939/2010-2), relating to opposition proceedings between Event Holding GmbH & Co. KG and CBT Comunicación Multimedia, SL

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Event Holding GmbH & Co. KG to pay the costs.






(1)  OJ C 252, 27.8.2011.
Case T-172/13: Action brought on 21 March 2013 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)
Date: 2013-03-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, toy industry, trade-mark law








C_2013141EN.01002501.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/25





Action brought on 21 March 2013 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)
(Case T-172/13)
2013/C 141/45
Language in which the application was lodged: German

Parties


Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

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

Other party to the proceedings before the Board of Appeal: Simba Toys GmbH & Co. KG (Fürth-Stadeln, Germany)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2013 in Case 157/2012-4 and dismiss the opposition in its entirety as a result of a lack of similarity between the goods and/or signs and grant registration of the Community trade mark ‘AFRICAN SIMBA’ (application No 7 5 4175) in the form applied for;










—


order OHIM and — in the case of written intervention — the opponent to bear their own costs and those incurred by the applicant in the proceedings before OHIM and in these proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘ARFICAN SIMBA’ for goods and services in Classes 9, 28 and 41 — Community trade mark application No 7 534 175

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

Mark or sign cited in opposition: National figurative mark containing the word element ‘Simba’, and international word mark ‘SIMBA’ for goods in Class 28

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) in conjunction with Article 42(3) of Regulation No 207/2009 in conjunction with Rule 22(2) of Regulation No 2868/95 and Article 8(1)(b) of Regulation No 207/2009
Case T-169/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTO B)
Date: 2013-03-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, two-wheeled vehicle








C_2013147EN.01002701.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/27





Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTO B)
(Case T-169/13)
2013/C 147/48
Language in which the application was lodged: English

Parties


Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)

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

Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision due to the fact that the prior marks of the applicant shall be considered earlier trade marks within the meaning of Article 8(1)(b) Council Regulation No 207/2009 and therefore the applicant’s opposition based on likelihood of confusion shall be assessed as to its substance;










—


Order the defendant to pay the applicant’s costs.





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 ‘MOTO B’ claiming the colours black, white, red, gold, green, brown and grey for goods in classes 9, 12 and 25 — Community trade mark application No 8 780 926

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

Mark or sign cited in opposition: Well-known, Italian, non-registered figurative marks «MOTOBI» et al.

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Amendment of the calls for proposals under the multi-annual work programme 2012 for grants in the field of the Trans-European Transport Network (TEN-T) for the period 2007-2013 extending the legal base to include the multi-annual work programme 2013 (Commission Decision C(2013) 1675) ( OJ C 368, 28.11.2012 )
Date: 2013-03-21
Institutions: European Commission
Subjects: EU programme, economic support, invitation to tender, trans-European network, transport network








C_2013082EN.01000701.xml










21.3.2013   


EN


Official Journal of the European Union


C 82/7





Amendment of the calls for proposals under the multi-annual work programme 2012 for grants in the field of the Trans-European Transport Network (TEN-T) for the period 2007-2013 extending the legal base to include the multi-annual work programme 2013 (Commission Decision C(2013) 1675)
(Official Journal of the European Union C 368 of 28 November 2012)
2013/C 82/05
The texts of the calls for proposals for projects in the following fields have been amended:






—


Priority Projects concerning rail, road and inland waterways (PPs),










—


European Rail Traffic Management Systems (ERTMS),










—


River Information Services (RIS),










—


Air Traffic Management (ATM),










—


Motorways of the Sea (MoS),










—


Intelligent Transport Systems (ITS) including the European Electronic Toll Service (EETS).




The revised texts together with details of the changes are available from:
http://tentea.ec.europa.eu/en/apply_for_funding/follow_the_funding_process/calls_for_proposals_2012.htm
2013/156/EU: Council Decision of 21 March 2013 on signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation
Date: 2013-03-21
Institutions: Council of the European Union
Subjects: Armenia, agreement (EU), illegal migration, residence permit, return migration, signature of an agreement








L_2013087EN.01000101.xml










27.3.2013   


EN


Official Journal of the European Union


L 87/1








            COUNCIL DECISION
         
of 21 March 2013
         
on signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation
(2013/156/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(5), thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 19 December 2011 the Council authorised the Commission to open negotiations with Armenia on readmission of persons residing without authorisation. The negotiations were successfully concluded and the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (‘the Agreement’) was initialled on 18 October 2012.












(2)


The Agreement should be signed, on behalf of the Union, subject to its conclusion.












(3)


In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.












(4)


In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,





HAS ADOPTED THIS DECISION:



Article 1
The signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Armenia on readmission of persons residing without authorisation is hereby authorised, subject to the conclusion of the said Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


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




Done at Brussels, 21 March 2013.


For the Council


The President

P. HOGAN
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Council Recommendation of 21 March 2013 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (tenth EDF) for the financial year 2011
Date: 2013-03-21
Institutions: Council of the European Union
Subjects: ACP countries, European Commission, European Development Fund, implementation of the budget








C_2013088EN.01000301.xml










26.3.2013   


EN


Official Journal of the European Union


C 88/3





COUNCIL RECOMMENDATION
of 21 March 2013
concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (tenth EDF) for the financial year 2011
2013/C 88/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),
Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) (the ‘Internal Agreement’) setting up, amongst others, the 10th European Development Fund (‘10th EDF’), and in particular Article 11(8) thereof,
Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (4), and in particular Articles 142 to 144 thereof,
Having examined the revenue and expenditure account and the balance sheet relating to the operations of the 10th EDF as at 31 December 2011 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th and 10th European Development Funds (EDFs) (5), concerning the financial year 2011, together with the Commission's replies contained in that Annual Report,
Whereas:






(1)


Pursuant to Article 11(8) of the Internal Agreement, the discharge for the financial management of the 10th EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.










(2)


The overall implementation by the Commission of the operations of the 10th EDF during the financial year 2011 has been satisfactory,




HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the 10th EDF for the financial year 2011.

Done at Brussels, 21 March 2013.


For the Council


The President

P. HOGAN




(1)  OJ L 317, 15.12.2000, p. 3.

(2)  OJ L 287, 28.10.2005, p. 4.

(3)  OJ L 247, 9.9.2006, p. 32.

(4)  OJ L 78, 19.3.2008, p. 1.

(5)  OJ C 344, 12.11.2012, p. 243.
Case F-112/11: Judgment of the Civil Service Tribunal (Third Chamber) of 21 March 2013 — Dalmasso v Commission (Civil Service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other EU staff — Articles 64, 65 and 65a of the Staff Regulations — Annex XI to the Staff Regulations — Regulation (EU) No 1239/2010 — Corrective coefficients — Officials assigned to Ispra)
Date: 2013-03-21
Institutions: Civil Service Tribunal
Subjects: European civil service, Italy, pension scheme, remuneration of work








C_2013147EN.01003301.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/33





Judgment of the Civil Service Tribunal (Third Chamber) of 21 March 2013 — Dalmasso v Commission
(Case F-112/11) (1)

(Civil Service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other EU staff - Articles 64, 65 and 65a of the Staff Regulations - Annex XI to the Staff Regulations - Regulation (EU) No 1239/2010 - Corrective coefficients - Officials assigned to Ispra)
2013/C 147/60
Language of the case: French

Parties


Applicant: Raffaele Dalmasso (Monvalle, Italy) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Application to annul the applicant’s salary slip for the month of February 2011 and the salary slips for the following months applying the new corrective coefficient for the town of Varese in accordance with Council Regulation (EU) No 1239/2010 of 20 December 2010.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Dalmasso to bear his own costs and to pay the costs incurred by the European Commission;










3.


Orders the Council of the European Union, the intervener, to bear its own costs.






(1)  OJ C 6, 7.1.2012, p. 27.
Case C-522/11: Order of the Court (Third Chamber Chamber) of 21 March 2013 — (request for a preliminary ruling from the Giudice di pace di Lecce — Italy) — Criminal proceedings against Abdoul Khadre Mbaye (Article 99 of the Rules of Procedure — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation penalising illegal residence by criminal sanctions)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: Italy, area of freedom, security and justice, illegal migration, interpretation of the law, penalty, return migration








C_2013156EN.01001601.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/16





Order of the Court (Third Chamber Chamber) of 21 March 2013 — (request for a preliminary ruling from the Giudice di pace di Lecce — Italy) — Criminal proceedings against Abdoul Khadre Mbaye
(Case C-522/11) (1)

(Article 99 of the Rules of Procedure - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation penalising illegal residence by criminal sanctions)
2013/C 156/25
Language of the case: Italian

Referring court

Giudice di pace di Lecce

Criminal proceedings against

Abdoul Khadre Mbaye

Re:

Request for a preliminary ruling — Ufficio del Giudice di Pace Lecce — Interpretation of Articles 2(2)(b), 6, 7 and 8 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) — National legislation providing for a fine of between EUR 5 000 and EUR 10 000 for a foreign national who has illegally entered or illegally stayed on the national territory — Whether a criminal offence of illegal residence is permissible — Whether immediate expulsion for a period of at least five years, as an alternative to a fine, is permissible

Operative part of the order







1.


Third-country nationals prosecuted for or convicted of the offence of illegal residence provided for in the legislation of a Member State cannot, on account solely of that offence of illegal residence, be excluded from the scope of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, pursuant to Article 2(2)(b) of that directive.










2.


Directive 2008/115 does not preclude legislation of a Member State, such as that at issue in the main proceedings, penalising the illegal residence of third-country nationals by a fine which may be replaced by expulsion. However, it is only possible to have recourse to that option to replace the fine where the situation of the person concerned corresponds to one of those referred to in Article 7(4) of that directive.






(1)  OJ C 370, 17.12.2011.
Case F-111/11: Judgment of the Civil Service Tribunal (Third Chamber) of 21 March 2013 — van der Aat and Others v Commission (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other servants — Articles 64, 65, and 65a of the Staff Regulations — Annex XI to the Staff Regulations — Regulation (EU) No 1239/2010 — Correction coefficients — Officials employed at Ispra)
Date: 2013-03-21
Institutions: Civil Service Tribunal
Subjects: European civil service, Italy, pension scheme, remuneration of work








C_2013147EN.01003203.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/32





Judgment of the Civil Service Tribunal (Third Chamber) of 21 March 2013 — van der Aat and Others v Commission
(Case F-111/11) (1)

(Civil service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other servants - Articles 64, 65, and 65a of the Staff Regulations - Annex XI to the Staff Regulations - Regulation (EU) No 1239/2010 - Correction coefficients - Officials employed at Ispra)
2013/C 147/59
Language of the case: French

Parties


Applicants: van der Aat and Others (Besozzo, Italy) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal, and D. Abreu Caldas, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Re:

Application for the annulment of the applicants’ pay slips for the month of February 2011 and the pay slips for the following months applying the new correction coefficient for the town of Varese in accordance with Council Regulation (EU) No 1239/2010 of 20 December 2010.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Declares that the applicants must bear their own costs and orders them to pay the costs incurred by the European Commission;










3.


Declares that the Council of the European Union, intervener, must bear its own costs.






(1)  OJ C 6, 7.1.2012, p.27.
Prior notification of a concentration (Case COMP/M.6871 — Mohawk Industries/Spano Invest)  Text with EEA relevance
Date: 2013-03-21
Institutions: European Commission
Subjects: economic concentration, floor coverings, merger control, wood industry








C_2013082EN.01000801.xml










21.3.2013   


EN


Official Journal of the European Union


C 82/8





Prior notification of a concentration
(Case COMP/M.6871 — Mohawk Industries/Spano Invest)
(Text with EEA relevance)
2013/C 82/06






1.


On 14 March 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Mohawk Industries, Inc (‘Mohawk’) acquires within the meaning of Article 3 (1) (b) of the Merger Regulation the sole control of certain parts of Spano Invest NV (‘Spano’), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Mohawk: supply of flooring products such as carpets, rugs, hardwood, laminate, ceramic tiles and vinyl flooring, as well as wood-based panels (raw and coated), components, insulation panels and roofing elements, through the three business segments of Mohawk Flooring, Dal-Tile and Unilin,










—


for Spano: production and supply of wood-based panels and related products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6871 — Mohawk Industries/Spano Invest, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Corrigendum to Commission Regulation (EC) No 839/2008 of 31 July 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards Annexes II, III and IV on maximum residue levels of pesticides in or on certain products ( OJ L 234, 30.8.2008 )
Date: 2013-03-21
Institutions: European Commission
Subjects: agricultural product, animal nutrition, animal product, crop production, food inspection, food safety, foodstuff, health control, pesticide residue








L_2013079EN.01003301.xml










21.3.2013   


EN


Official Journal of the European Union


L 79/33







Corrigendum to Commission Regulation (EC) No 839/2008 of 31 July 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards Annexes II, III and IV on maximum residue levels of pesticides in or on certain products
(
Official Journal of the European Union L 234 of 30 August 2008
)

On page 46, in the Annex, under point (1)(a) amending Annex II to Regulation (EC) No 396/2005, in the fifth column, concerning pymetrozine:






(a)


in the row relating to code number 0600000:




for:

                  ‘0,1 (*)’,
read:

                  ‘
                  ’;






(b)


in the row relating to code number 0610000:




for:

                  ‘
                  ’,
read:

                  ‘0,1 (*)’.