do-me/EUR-LEX huggingface dataset:
Case F-73/11: Judgment of the Civil Service Tribunal (Third Chamber) of 24.4.2013 — CB v Commission (Civil service — Officials — Open competition — Notice of competition EPSO/AD/181/10 — Non-admission to the assessment tests)
Date: 2013-04-24
Institutions: Civil Service Tribunal
Subjects: EPSO, European official, competition (EU)








C_2013171EN.01004101.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/41





Judgment of the Civil Service Tribunal (Third Chamber) of 24.4.2013 — CB v Commission
(Case F-73/11) (1)

(Civil service - Officials - Open competition - Notice of competition EPSO/AD/181/10 - Non-admission to the assessment tests)
2013/C 171/84
Language of the case: English

Parties


Applicant: CB (Brussels, Belgium) (represented by: S. Rodrigues, C. Bernard-Glanz and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall, acting as Agent, and by A. Dal Ferro, lawyer)

Re:

Application to annul the decision not to admit the applicant to the assessment tests in the competition EPSO/AD/181/10.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action.










2.


Orders the European Commission to bear its own costs and to pay half of the costs incurred by CB.










3.


Orders CB to bear half of his own costs.






(1)  OJ C 282, 24.9.11, p. 53.
Case T-238/13: Action brought on 24 April 2013 — Delipapier v Commission
Date: 2013-04-24
Institutions: General Court
Subjects: packaging product, tube, waste management








C_2013171EN.01003902.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/39





Action brought on 24 April 2013 — Delipapier v Commission
(Case T-238/13)
2013/C 171/78
Language of the case: French

Parties


Applicant: Delipapier (Frouard, France) (represented by: J.-M. Leprêtre and N. Chahid-Nouraï, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul, with immediate effect, on the basis of Article 263 TFEU, Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, in so far as it adds rolls, tubes and cylinders, with the exception of those for industrial use, to the list of examples of packaging;










—


Order the European Commission to pay the costs in their entirety.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law which are in essence identical or similar to those relied on in Case T-202/13 Group’Hygiène v Commission.
Case T-32/08: Judgment of the General Court of 24 April 2013 — Evropaïki Dynamiki v Commission (Public service contracts — Tender procedure — Market analysis in view of developing a new approach for a website — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment — Selection criteria and award criteria — Non-contractual liability)
Date: 2013-04-24
Institutions: General Court
Subjects: Internet site, award of contract, invitation to tender, market research








C_2013164EN.01001401.xml










8.6.2013   


EN


Official Journal of the European Union


C 164/14





Judgment of the General Court of 24 April 2013 — Evropaïki Dynamiki v Commission
(Case T-32/08) (1)

(Public service contracts - Tender procedure - Market analysis in view of developing a new approach for a website - Rejection of a tenderer’s bid - Obligation to state reasons - Manifest error of assessment - Selection criteria and award criteria - Non-contractual liability)
2013/C 164/24
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented initially by N. Korogiannakis, and subsequently by M. Roli and M. Stavropoulous, lawyers)

Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, assisted by J. Stuyck and A.-M. Vandromme, lawyers)

Re:

Application, first, for annulment of the decision of the Commission rejecting the tender submitted by the applicant in connection with the call for tenders for a market analysis in view of developing a new approach for the ‘Environment for Young Europeans’ website and, secondly, for compensation

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 92, 12.4.2008.
Case F-88/11: Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — BX v Commission (Civil service — Open competition — Competition EPSO/AD/148/09 — Failure to include the applicant in the reserve list)
Date: 2013-04-24
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, appointment of staff, competition (EU)








C_2013225EN.01008403.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/84





Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — BX v Commission
(Case F-88/11) (1)

(Civil service - Open competition - Competition EPSO/AD/148/09 - Failure to include the applicant in the reserve list)
2013/C 225/194
Language of the case: English

Parties


Applicant: BX (Washington, United States) (represented by: R. Rata, lawyer)

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

Re:

Civil Service Tribunal — Application seeking the annulment of the decision of the selection board not to include the applicant in the reserve list for competition EPSO/AD/148/09 — RO-Administrator (AD 5).

Operative part of the judgment

The Tribunal:






1.


Dismisses the action.










2.


Orders BX to bear his own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 347, 26.11.2011, p. 45.
Case C-594/11: Order of the President of the Court of 24 April 2013 — Christoph Becker v Société Air France SA
Date: 2013-04-24
Institutions: Court of Justice
Subjects: air traffic, carriage of passengers, indemnification, interpretation of the law








C_2013225EN.01005603.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/56





Order of the President of the Court of 24 April 2013 — Christoph Becker v Société Air France SA
(Case C-594/11) (1)

2013/C 225/107
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 32, 4.2.2012.
Euro exchange rates
Date: 2013-04-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2013117EN.01000101.xml










24.4.2013   


EN


Official Journal of the European Union


C 117/1





Euro exchange rates (1)

23 April 2013
2013/C 117/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2990




JPY


Japanese yen


128,56




DKK


Danish krone


7,4541




GBP


Pound sterling


0,85165




SEK


Swedish krona


8,5926




CHF


Swiss franc


1,2219




ISK


Iceland króna


 




NOK


Norwegian krone


7,6775




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,909




HUF


Hungarian forint


299,45




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7005




PLN


Polish zloty


4,1342




RON


Romanian leu


4,3498




TRY


Turkish lira


2,3478




AUD


Australian dollar


1,2676




CAD


Canadian dollar


1,3350




HKD


Hong Kong dollar


10,0860




NZD


New Zealand dollar


1,5472




SGD


Singapore dollar


1,6113




KRW


South Korean won


1 453,84




ZAR


South African rand


12,0034




CNY


Chinese yuan renminbi


8,0267




HRK


Croatian kuna


7,6055




IDR


Indonesian rupiah


12 632,50




MYR


Malaysian ringgit


3,9718




PHP


Philippine peso


53,633




RUB


Russian rouble


41,2270




THB


Thai baht


37,450




BRL


Brazilian real


2,6266




MXN


Mexican peso


15,9641




INR


Indian rupee


70,6070






(1)  Source: reference exchange rate published by the ECB.
Case C-217/13: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 April 2013 — Oberbank AG v Deutscher Sparkassen- und Giroverband e.V.
Date: 2013-04-24
Institutions: Court of Justice
Subjects: EU trade mark, financial services, public opinion, registered trade mark, trade-mark law








C_2013189EN.01000901.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/9





Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 April 2013 — Oberbank AG v Deutscher Sparkassen- und Giroverband e.V.
(Case C-217/13)
2013/C 189/17
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Appellant: Oberbank AG

Respondent: Deutscher Sparkassen- und Giroverband e.V.

Interested party: Deutsches Patent- und Markenamt

Questions referred







1.


Does Article 3(1) and (3) of the directive (1) preclude an interpretation of national law according to which, for an abstract colour mark (in this case: red HKS 13) which is claimed for services in the financial affairs sector, a consumer survey must indicate an adjusted degree of association of at least 70 % in order to form a basis for the assumption that the trade mark has acquired a distinctive character following the use which has been made of it?










2.


Is the first sentence of Article 3(3) of the directive to be interpreted to the effect that the time at which the application for the trade mark was filed — and not the time at which it was registered — is also relevant in the case where the trade mark proprietor claims, in his defence against an application for a declaration invalidating the trade mark, that the trade mark acquired a distinctive character, following the use made of it, in any event more than three years after the application, but prior to registration?










3.


In the event that, under the abovementioned conditions, the time at which the application was filed is also relevant:
Is the trade mark to be declared invalid if it is not clarified, and can no longer be clarified, whether it had acquired a distinctive character, following the use made of it, at the time when the application was filed? Or does the declaration of invalidity require the applicant seeking that declaration to prove that the trade mark had not acquired a distinctive character, following the use made of it, at the time when the application was filed?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).
Case C-218/13: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 April 2013 — Banco Santander SA, Santander Consumer Bank AG v Deutscher Sparkassen- und Giroverband e.V.
Date: 2013-04-24
Institutions: Court of Justice
Subjects: EU trade mark, financial services, public opinion, registered trade mark, trade-mark law








C_2013189EN.01000902.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/9





Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 April 2013 — Banco Santander SA, Santander Consumer Bank AG v Deutscher Sparkassen- und Giroverband e.V.
(Case C-218/13)
2013/C 189/18
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Appellants: Banco Santander SA, Santander Consumer Bank AG

Respondent: Deutscher Sparkassen- und Giroverband e.V.

Interested party: Deutsches Patent- und Markenamt

Questions referred







1.


Does Article 3(1) and (3) of the directive (1) preclude an interpretation of national law according to which, for an abstract colour mark (in this case: red HKS 13) which is claimed for services in the financial affairs sector, a consumer survey must indicate an adjusted degree of association of at least 70 % in order to form a basis for the assumption that the trade mark has acquired a distinctive character following the use which has been made of it?










2.


Is the first sentence of Article 3(3) of the directive to be interpreted to the effect that the time at which the application for the trade mark was filed — and not the date on which it was registered — is also relevant in the case where the trade mark proprietor claims, in his defence against an application for a declaration invalidating the trade mark, that the trade mark acquired a distinctive character, following the use made of it, in any event more than three years after the application, but prior to registration?










3.


In the event that, also under the abovementioned conditions, the time at which the application was filed is relevant:
Is the trade mark to be declared invalid if it is not clarified, and can no longer be clarified, whether it had acquired a distinctive character, following the use made of it, at the time when the application was filed? Or does the declaration of invalidity require the applicant seeking that declaration to prove that the trade mark had not acquired a distinctive character, following the use made of it, at the time when the application was filed?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).
Case F-56/11: Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — Lebedef v Commission (Civil service — Officials — Disciplinary proceedings — Disciplinary measure — Downgrading)
Date: 2013-04-24
Institutions: Civil Service Tribunal
Subjects: European civil service, demotion, disciplinary proceedings








C_2013225EN.01008401.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/84





Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — Lebedef v Commission
(Case F-56/11) (1)

(Civil service - Officials - Disciplinary proceedings - Disciplinary measure - Downgrading)
2013/C 225/192
Language of the case: French

Parties


Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission (represented by: G. Berscheid and J. Banquero Cruz, Agents)

Re:

Civil service — Application for annulment of the decision downgrading the applicant by two grades in the same function group.

Operative part of the judgment

The Tribunal:






1.


The action is dismissed.










2.


Mr Lebedef is ordered to bear his own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 226, 30.7.2011. p. 31.
Case F-96/12: Judgment of the Civil Service Tribunal (Third Chamber) of 24.4.2013 — Demeneix v Commission (Civil Service — Open competition — Not included on the reserve list — Criterion related to professional experience — Scope of discretion)
Date: 2013-04-24
Institutions: Civil Service Tribunal
Subjects: European official, competition (EU), professional experience








C_2013171EN.01004102.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/41





Judgment of the Civil Service Tribunal (Third Chamber) of 24.4.2013 — Demeneix v Commission
(Case F-96/12) (1)

(Civil Service - Open competition - Not included on the reserve list - Criterion related to professional experience - Scope of discretion)
2013/C 171/85
Language of the case: French

Parties


Applicant:
Laurent Demeneix (Brussels, Belgium) (represented by: L. Levi and A. Blot, lawyers)

Defendant:
European Commission (represented by: B. Eggers and G. Gattinara, acting as Agents)

Re:

Application for annulment of the decision of the selection board EPSO/AD/207/11 upholding the decision not to include the applicant on the reserve list on the ground that the applicant does not fulfil certain specific criteria for admission to that competition and a claim for damages.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Demeneix to bear his own costs and to pay those incurred by the European Commission.






(1)  OJ C 343, 10.11.12, p. 23.