do-me/EUR-LEX huggingface dataset:
Case C-212/13: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 19 April 2013 — František Ryneš v Úřad pro ochranu osobních údajů
Date: 2013-04-19
Institutions: Court of Justice
Subjects: Czechia, interpretation of the law, personal data, protection of privacy, recording








C_2013207EN.01001101.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/11





Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 19 April 2013 — František Ryneš v Úřad pro ochranu osobních údajů
(Case C-212/13)
2013/C 207/19
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: František Ryneš

Defendant: Úřad pro ochranu osobních údajů

Question referred

Can the operation of a camera system installed on a family home for the purposes of the protection of the property, health and life of the owners of the home be classified as the processing of personal data ‘by a natural person in the course of a purely personal or household activity’ within the meaning of Article 3(2) of Directive 95/46/EC, (1) even though such a system monitors also a public space?


(1)  OJ 1995 L 281, p. 31.
Case T-52/11: Judgment of the General Court of 19 April 2013 — Aecops v Commission (ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons)
Date: 2013-04-19
Institutions: General Court
Subjects: European Social Fund, financial aid, principle of legal certainty, rights of the defence








C_2013156EN.01003901.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/39





Judgment of the General Court of 19 April 2013 — Aecops v Commission
(Case T-52/11) (1)

(ESF - Training operations - Reduction in financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Time-bar - Legal certainty - Rights of the defence - Reasonable period - Duty to state reasons)
2013/C 156/70
Language of the case: Portuguese

Parties


Applicant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented initially by: J. da Cruz Vilaça and L. Pinto Monteiro and subsequently by: L. Pinto Monteiro, P. Farinha Alves and N. Morais Sarmento, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, acting as Agents)

Re:

Annulment of the Commission’s decision of 27 October 2010 setting the final amount of the expenditure eligible for assistance from the European Social Fund (ESF), granted to the applicant for training operations by Commission Decision C(89) 570 of 22 March 1989 for the funding of training operations (file 89 0979 P3)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) to pay the costs.






(1)  OJ C 139, 7.5.2011.
Case T-454/11: Judgment of the General Court of 19 April 2013 — Luna v OHIM — Asteris (Al bustan) (Community trade mark — Invalidity proceedings — Community figurative mark Al bustan — Earlier national figurative mark ALBUSTAN — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009)
Date: 2013-04-19
Institutions: General Court
Subjects: EU trade mark, hotel industry, registered trade mark, trade-mark law








C_2013156EN.01004003.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/40





Judgment of the General Court of 19 April 2013 — Luna v OHIM — Asteris (Al bustan)
(Case T-454/11) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark Al bustan - Earlier national figurative mark ALBUSTAN - Genuine use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009)
2013/C 156/74
Language of the case: English

Parties


Applicant: Luna International Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Asteris Industrial and Commercial Company SA (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2011 (Case R 1358/2008-2), concerning invalidity proceedings between Asteris Industrial and Commercial Company SA and Luna International Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Luna International Ltd to pay the costs.






(1)  OJ C 319, 29.10.2011.
Case T-53/11: Judgment of the General Court of 19 April 2013 — Aecops v Commission (ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons)
Date: 2013-04-19
Institutions: General Court
Subjects: European Social Fund, financial aid, principle of legal certainty, rights of the defence








C_2013156EN.01003902.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/39





Judgment of the General Court of 19 April 2013 — Aecops v Commission
(Case T-53/11) (1)

(ESF - Training operations - Reduction in financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Time-bar - Legal certainty - Rights of the defence - Reasonable period - Duty to state reasons)
2013/C 156/71
Language of the case: Portuguese

Parties


Applicant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented initially by: J. da Cruz Vilaça and L. Pinto Monteiro and subsequently by: L. Pinto Monteiro, P. Farinha Alves and N. Morais Sarmento, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, acting as Agents)

Re:

Annulment of the Commission’s decision of 27 October 2010 setting the final amount of the expenditure eligible for assistance from the European Social Fund (ESF), granted to the applicant for training operations by Commission Decision C(89) 570 of 22 March 1989 for the funding of training operations (file 89 0771 P1)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) to pay the costs.






(1)  OJ C 139, 7.5.2011.
Recommendation of the European Central Bank of 19 April 2013 to the Council of the European Union on the external auditors of the European Central Bank (ECB/2013/9)
Date: 2013-04-19
Institutions: European Central Bank
Subjects: accountant, appointment of staff, auditing, self-employed person








C_2013122EN.01000101.xml










27.4.2013   


EN


Official Journal of the European Union


C 122/1





RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 19 April 2013
to the Council of the European Union on the external auditors of the European Central Bank
(ECB/2013/9)
2013/C 122/01
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 of the Member States whose currency is the euro 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 ECB’s current external auditors ended following the audit for the financial year 2012. It is therefore necessary to appoint external auditors from the financial year 2013.










(3)


The ECB has selected Ernst & Young GmbH Wirtschaftsprüfungsgesellschaft as its external auditors for the financial years 2013 to 2017,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Ernst & Young GmbH Wirtschaftsprüfungsgesellschaft should be appointed as the external auditors of the ECB for the financial years 2013 to 2017.

Done at Frankfurt am Main, 19 April 2013.


The President of the ECB

Mario DRAGHI
Reserve list — Open competition EPSO/AD/247/12 — Head of unit (AD 12) — Site Management and Nuclear Safety Institute for Transuranium Elements (Karlsruhe, Germany), Joint Research Centre, European Commission
Date: 2013-04-19
Institutions: European Personnel Selection Office
Subjects: EPSO, administrator, competition (EU), nuclear safety








CA2013112EN.01000701.xml










19.4.2013   


EN


Official Journal of the European Union


CA 112/7





RESERVE LIST (1)

OPEN COMPETITION EPSO/AD/247/12
HEAD OF UNIT (AD 12)
Site Management and Nuclear Safety Institute for Transuranium Elements (Karlsruhe, Germany), Joint Research Centre, European Commission
(2013/C 112 A/02)






BOLZ


Michael




LATZKO


Bernhard




MAIER


Ralph Jörg




The reserve list will be valid until 5 February 2016.


(1)  A successful candidate may explicitly request her/his name not be published.
Euro exchange rates
Date: 2013-04-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2013112EN.01000501.xml










19.4.2013   


EN


Official Journal of the European Union


C 112/5





Euro exchange rates (1)

18 April 2013
2013/C 112/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3045




JPY


Japanese yen


128,40




DKK


Danish krone


7,4553




GBP


Pound sterling


0,85480




SEK


Swedish krona


8,5008




CHF


Swiss franc


1,2164




ISK


Iceland króna


 




NOK


Norwegian krone


7,5870




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,875




HUF


Hungarian forint


297,97




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7002




PLN


Polish zloty


4,1147




RON


Romanian leu


4,3729




TRY


Turkish lira


2,3422




AUD


Australian dollar


1,2633




CAD


Canadian dollar


1,3362




HKD


Hong Kong dollar


10,1268




NZD


New Zealand dollar


1,5454




SGD


Singapore dollar


1,6112




KRW


South Korean won


1 461,22




ZAR


South African rand


11,9538




CNY


Chinese yuan renminbi


8,0632




HRK


Croatian kuna


7,6147




IDR


Indonesian rupiah


12 675,98




MYR


Malaysian ringgit


3,9579




PHP


Philippine peso


53,781




RUB


Russian rouble


41,2100




THB


Thai baht


37,452




BRL


Brazilian real


2,6207




MXN


Mexican peso


15,8927




INR


Indian rupee


70,4070






(1)  Source: reference exchange rate published by the ECB.
Case T-520/10: Order of the General Court of 19 April 2013 — Comunidad Autónoma de Galicia v Commission
Date: 2013-04-19
Institutions: General Court
Subjects: State aid, coal, electrical energy, energy production








C_2013164EN.01002501.xml










8.6.2013   


EN


Official Journal of the European Union


C 164/25





Order of the General Court of 19 April 2013 — Comunidad Autónoma de Galicia v Commission
(Case T-520/10) (1)

2013/C 164/42
Language of the case: Spanish
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 13, 15.1.2011.
2013/212/EU: Guideline of the European Central Bank of 19 April 2013 amending Guideline ECB/2003/5 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (ECB/2013/11)
Date: 2013-04-19
Institutions: European Central Bank
Subjects: counterfeiting, euro, fraud, paper money




L_2013118EN.01004301.xml










30.4.2013   


EN


Official Journal of the European Union


L 118/43








            GUIDELINE OF THE EUROPEAN CENTRAL BANK
         
of 19 April 2013
         
amending Guideline ECB/2003/5 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes
(ECB/2013/11)
(2013/212/EU)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 12.1, 14.3 and 16 thereof,


Having regard to Decision ECB/2013/10 of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (1),

Whereas:







(1)


In light of experience in applying and interpreting Guideline ECB/2003/5 of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (2) and for the sake of consistent reference to genuine legal tender euro banknotes, it is appropriate to use only the term ‘damaged’.












(2)


Therefore, Guideline ECB/2003/5 should be amended accordingly,





HAS ADOPTED THIS GUIDELINE:



Article 1

Amendment

Article 4 of Guideline ECB/2003/5 is replaced by the following:

‘Article 4
Exchange of damaged euro banknotes

1.   The NCBs shall duly implement Decision ECB/2013/10 (*1).


2.   When implementing Decision ECB/2013/10, and subject to any legal constraints, NCBs may destroy any damaged euro banknotes or any parts thereof, unless there are legal grounds for them to be preserved or returned to the applicant.


3.   The NCBs shall appoint a single organ or body to take decisions on the exchange of damaged euro banknotes for the cases provided for in Article 3(1)(b) of Decision ECB/2013/10, and shall inform the ECB accordingly.



(*1)  
                              OJ L 118, 30.4.2013, p. 37.’."
                        


Article 2

Taking effect

This Guideline shall take effect on the day of its notification to the national central banks of the Member States whose currency is the euro.


Article 3

Addressees

This Guideline is addressed to the national central banks of the Member States whose currency is the euro.




Done at Frankfurt am Main, 19 April 2013.


The President of the ECB

Mario DRAGHI
            





(1)  See page 37 of this Official Journal.

(2)  
            OJ L 78, 25.3.2003, p. 20.
Case C-211/13: Action brought on 19 April 2013 — European Commission v Federal Republic of Germany
Date: 2013-04-19
Institutions: Court of Justice
Subjects: capital transfer tax, gift, inheritance, real property, residence








C_2013171EN.01002301.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/23





Action brought on 19 April 2013 — European Commission v Federal Republic of Germany
(Case C-211/13)
2013/C 171/45
Language of the case: German

Parties


Applicant: European Commission (represented by: W. Mölls and W. Roels, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:






—


declare that, by adopting and retaining provisions under which only a low tax-free allowance is granted when inheritance and gift tax are applied to immoveable property situated in Germany if the donor or the deceased person and the acquiring party were resident in another Member State at the time of the inheritance or gift, whereas a considerably higher tax-free allowance is granted if at least one of the two parties concerned was resident in Germany at that time, the Federal Republic of Germany has failed to fulfil its obligations under Article 63 TFEU;










—


order the Federal Republic of Germany to pay the costs.





Pleas in law and main arguments

The taxation of inheritances and gifts is mitigated under German law by relatively high tax-free allowances, particularly in the case of inheritances and gifts between spouses, between parents and children and between certain relatives. These high tax-free allowances are, however, applicable only if Germany exercises an unrestricted right to tax whereas only a low, flat-rate tax-free allowance is applicable if the right to tax is restricted. According to the criteria which the Court of Justice set out in Mattner
 (1), those rules are incompatible with Article 63 TFEU.


(1)  Judgment in Case C-510/08 Mattner [2010] ECR I-3553.
Case T-228/13: Action brought on 19 April 2013 — NIIT Insurance Technologies v OHIM (EXACT)
Date: 2013-04-19
Institutions: General Court
Subjects: EU trade mark, computer system, equal treatment, registered trade mark, trade-mark law








C_2013189EN.01002602.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/26





Action brought on 19 April 2013 — NIIT Insurance Technologies v OHIM (EXACT)
(Case T-228/13)
2013/C 189/55
Language of the case: German

Parties


Applicant: NIIT Insurance Technologies Ltd. (London, United Kingdom) (represented by M. Wirtz, lawyer)

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

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2013 in Case R 1307/2012-4 concerning Community trade mark registration 010355501, Word: EXACT and the previous decision of the Trade Marks Department of OHIM of 29 May 2012 concerning Community trade mark registration 010355501, Word: EXACT, in so far as the trade mark was refused protection;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Word Mark EXACT for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 501

Decision of the Examiner: Partial rejection of the registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:







—


Infringement of Article 7(1)(c) of Regulation No 207/2009;










—


Infringement of Article 7(1)(b) of Regulation No 207/2009;










—


Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and of Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, in the version of Protocol 11, which entered into force on 1 November 1998;










—


Infringement of Article 56 of the Treaty on the Functioning of the European Union.
Case T-51/11: Judgment of the General Court of 19 April 2013 — Aecops v Commission (ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons)
Date: 2013-04-19
Institutions: General Court
Subjects: European Social Fund, financial aid, principle of legal certainty, rights of the defence








C_2013156EN.01003803.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/38





Judgment of the General Court of 19 April 2013 — Aecops v Commission
(Case T-51/11) (1)

(ESF - Training operations - Reduction in financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Time-bar - Legal certainty - Rights of the defence - Reasonable period - Duty to state reasons)
2013/C 156/69
Language of the case: Portuguese

Parties


Applicant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented initially by: J. da Cruz Vilaça and L. Pinto Monteiro and subsequently by: L. Pinto Monteiro, P. Farinha Alves and N. Morais Sarmento, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, acting as Agents)

Re:

Annulment of the Commission’s decision of 27 October 2010 setting the final amount of the expenditure eligible for assistance from the European Social Fund (ESF), granted to the applicant for training operations by Decision C(88) 831 of 29 April 1988 for the funding of training operations (file 88 0369 P1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) to pay the costs.






(1)  OJ C 139, 7.5.2011.
Case T-537/11: Judgment of the General Court of 19 April 2013 — Hultafors Group AB v OHIM — Società Italiana Calzature (Snickers) (Community trade mark — Opposition proceedings — Application for Community figurative mark Snickers — Earlier national word mark KICKERS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-04-19
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2013156EN.01004201.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/42





Judgment of the General Court of 19 April 2013 — Hultafors Group AB v OHIM — Società Italiana Calzature (Snickers)
(Case T-537/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Snickers - Earlier national word mark KICKERS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 156/77
Language of the case: English

Parties


Applicant: Hultafors Group AB (Bollebygd, Sweden) (represented by: A. Rasmussen and T. Swanstrøm, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Società Italiana Calzature SpA (Milan, Italy) (represented by: G. Cantaluppi, A. Rapisardi and C. Ginevra, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2011 (Case R 2519/2010-4) relating to opposition proceedings between Società Italiana Calzature SpA and Hultafors Group AB

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hultafors Group AB to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Società Italiana Calzature SpA in the proceedings before the General Court, and the costs incurred by Società Italiana Calzature SpA for the purposes of the proceedings before the Board of Appeal.






(1)  OJ C 362, 10.12.2011.
Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’
Date: 2013-04-19
Institutions: European Court of Auditors
Subjects: activity report, business park, economic development, financial aid








C_2013112EN.01000601.xml










19.4.2013   


EN


Official Journal of the European Union


C 112/6





Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’
2013/C 112/03
The European Court of Auditors hereby informs you that Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




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