do-me/EUR-LEX huggingface dataset:
Case T-61/12: Judgment of the General Court of 30 April 2013 — ABC-One v OHMI (SLIM BELLY) (Community trade mark — Application for Community word mark SLIM BELLY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2013-04-30
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2013171EN.01002702.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/27





Judgment of the General Court of 30 April 2013 — ABC-One v OHMI (SLIM BELLY)
(Case T-61/12) (1)

(Community trade mark - Application for Community word mark SLIM BELLY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2013/C 171/53
Language of the case: German

Parties


Applicant: ABC-One Produktions- und Vertriebs GmbH (Villach St Magdalen, Austria) (represented by: S. Merz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 November 2011 (Case R 1077/2011-1), concerning an application for registration of the word sign SLIM BELLY as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders ABC-One Produktions- und Vertriebs GmbH to pay the costs.






(1)  OJ C 98, 31.3.2012.
Case C-243/13: Action brought on 30 April 2013 — European Commission v Kingdom of Sweden
Date: 2013-04-30
Institutions: Court of Justice
Subjects: enforcement of ruling, fine, judgment of the Court (EU)








C_2013189EN.01001201.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/12





Action brought on 30 April 2013 — European Commission v Kingdom of Sweden
(Case C-243/13)
2013/C 189/23
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: J. Enegren and S. Petrova, acting as Agents)

Defendant: Kingdom of Sweden

Form of order sought







—


Declare that, by failing to adopt the measures necessary to comply with the judgment of the Court of Justice in Case C-607/10, Sweden has failed to fulfil its obligations under Article 260(1) TFEU;










—


Order Sweden to pay to the Commission, into the ‘European Union own resources’ account, a fine of EUR 14 912 per day for each day that the measures necessary to comply with the judgment of the Court of Justice in Case C-607/10 have not been adopted, with effect from the date on which the judgment in that case was delivered until the date on which the judgment in Case C-607/10 is complied with;










—


Order Sweden to pay to the Commission, into the same account, a lump sum of EUR 4 893 per day for each day that the measures necessary to comply with the judgment of the Court of Justice in Case C-607/10 have not been adopted, with effect from the date on which the judgment in that case was delivered until the date on which judgment is given in the present case or the date on which the measures necessary to comply with the judgment in Case C-607/10 are adopted, if that is earlier;










—


order the Kingdom of Sweden to pay the costs.





Pleas in law and main arguments

In its judgment of 29 March 2012 in Case C-607/10 European Commission v Kingdom of Sweden, the Court held that ‘1. … by failing to take the necessary measures to ensure that the competent national authorities see to it, by means of permits issued in accordance with Articles 6 and 8 of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (Codified version) or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that all existing installations operate in accordance with the requirements of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of that directive, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of that directive.’
The Kingdom of Sweden has not yet adopted any measures to comply with the judgment of the Court of Justice in Case C-607/10. The Commission has therefore brought this action in accordance with Article 260(1) of the Treaty on the Functioning of the European Union and seeks an order imposing economic sanctions on the Kingdom of Sweden.
Case T-304/11: Judgment of the General Court of 30 April 2013 — Alumina v Council (Dumping — Imports of zeolite A powder originating in Bosnia and Herzegovina — Normal value — Representativeness of domestic sales — Profit margin — Ordinary course of trade)
Date: 2013-04-30
Institutions: General Court
Subjects: Bosnia and Herzegovina, anti-dumping duty, import (EU), mining product, originating product








C_2013171EN.01002603.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/26





Judgment of the General Court of 30 April 2013 — Alumina v Council
(Case T-304/11) (1)

(Dumping - Imports of zeolite A powder originating in Bosnia and Herzegovina - Normal value - Representativeness of domestic sales - Profit margin - Ordinary course of trade)
2013/C 171/51
Language of the case: French

Parties


Applicant: Alumina d.o.o. (Zvornik, Bosnia and Herzegovina) (represented by: J.-F. Bellis and B. Servais, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch and A. Polcyn, lawyers)

Intervener in support of the defendant: European Commission (represented by: É. Gippini Fournier and H. van Vliet, acting as Agents)

Re:

Application for annulment of Council Implementing Regulation (EU) No 464/2011 of 11 May 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of zeolite A powder originating in Bosnia and Herzegovina (OJ 2011 L 125, p. 1), in so far as it concerns the applicant

Operative part of the judgment

The Court:






1.


Annuls Council Implementing Regulation (EU) No 464/2011 of 11 May 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of zeolite A powder originating in Bosnia and Herzegovina, in so far as it concerns Alumina d.o.o.;










2.


Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Alumina;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 226, 30.7.2011.
Initiation of proceedings (Case COMP/M.6796 — Aegean/Olympic II)  Text with EEA relevance
Date: 2013-04-30
Institutions: European Commission
Subjects: Greece, airline, economic concentration, merger control








C_2013124EN.01000101.xml










30.4.2013   


EN


Official Journal of the European Union


C 124/1





Initiation of proceedings
(Case COMP/M.6796 — Aegean/Olympic II)
(Text with EEA relevance)
2013/C 124/01
On 23 April 2013, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference COMP/M.6796 — Aegean/Olympic II, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Decision of the EEA Joint Committee No 50/2013 of 30 April 2013 amending Annex XX (Environment) to the EEA Agreement
Date: 2013-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, derogation from EU law, emission trading, greenhouse gas, revision of an agreement




L_2013231EN.01002401.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/24








            DECISION OF THE EEA JOINT COMMITTEE
         
No 50/2013
of 30 April 2013
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Decision No 377/2013/EU of the European Parliament and of the Council of 24 April 2013 derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 21apg (Commission Regulation (EU) No 601/2012) of Annex XX to the EEA Agreement:






‘21aph.



32013 D 0377: Decision No 377/2013/EU of the European Parliament and of the Council of 24 April 2013 derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 113, 25.4.2013, p. 1).’.






Article 2
The text of Decision No 377/2013/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 April 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 April 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 113, 25.4.2013, p. 1.

(*1)  No constitutional requirements indicated.
Case T-315/13: Action brought on 30 April 2013 — Kompas MTS v Parliament and Others
Date: 2013-04-30
Institutions: General Court
Subjects: Austria, consumer information, freedom to provide services, import restriction, indemnification, labelling, linguistic discrimination, ownership, principle of proportionality, tobacco industry








C_2013233EN.01001201.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/12





Action brought on 30 April 2013 — Kompas MTS v Parliament and Others
(Case T-315/13)
2013/C 233/20
Language of the case: German

Parties


Applicant: Kompas mejni turistični servis d.d. (Kompas MTS d.d.) (Ljubljana, Slovenia) (represented by: J. Tischler, lawyer)

Defendants: European Parliament, European Commission and Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Order the European Union to pay the sum of EUR 846 000 plus interest at the rate of 8 % or declare that a right to compensation for damage against the European Union exists;










—


Order the defendants to pay the necessary costs pursuant to Article 87(2) of the Rules of Procedure.





Pleas in law and main arguments

The applicant seeks compensation for damage in essence on the basis of the adoption of Article 5(6)(e) of Directive 2001/37/EC (1). It takes the view that it was only due to the adoption of that provision that it was possible for the Austrian legislature to restrict the importation of tobacco products on which the text was not in German. The applicant submits that that quantitative restriction on imports was caused by the adoption of Directive 2001/37, by which the defendants infringed the principle of proportionality, the principle of non-discrimination, the fundamental right to property and the freedom to conduct a business.


(1)  Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (OJ 2001 L 194, p. 26).
Euro exchange rates
Date: 2013-04-30
Institutions: European Commission
Subjects: euro, exchange rate








C_2013124EN.01000201.xml










30.4.2013   


EN


Official Journal of the European Union


C 124/2





Euro exchange rates (1)

29 April 2013
2013/C 124/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3113




JPY


Japanese yen


128,27




DKK


Danish krone


7,4564




GBP


Pound sterling


0,84400




SEK


Swedish krona


8,5503




CHF


Swiss franc


1,2279




ISK


Iceland króna


 




NOK


Norwegian krone


7,6090




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,697




HUF


Hungarian forint


298,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7000




PLN


Polish zloty


4,1309




RON


Romanian leu


4,3225




TRY


Turkish lira


2,3521




AUD


Australian dollar


1,2671




CAD


Canadian dollar


1,3293




HKD


Hong Kong dollar


10,1777




NZD


New Zealand dollar


1,5322




SGD


Singapore dollar


1,6176




KRW


South Korean won


1 450,39




ZAR


South African rand


11,7470




CNY


Chinese yuan renminbi


8,0842




HRK


Croatian kuna


7,5970




IDR


Indonesian rupiah


12 743,73




MYR


Malaysian ringgit


3,9766




PHP


Philippine peso


53,950




RUB


Russian rouble


40,5915




THB


Thai baht


38,382




BRL


Brazilian real


2,6112




MXN


Mexican peso


15,8514




INR


Indian rupee


71,0370






(1)  Source: reference exchange rate published by the ECB.
Case T-640/11: Judgment of the General Court of 30 April 2013 — Boehringer Ingelheim International v OHIM (RELY-ABLE) (Community trade mark — International registration designating the European Community — Word mark RELY-ABLE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Ground included for sake of completeness)
Date: 2013-04-30
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013171EN.01002701.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/27





Judgment of the General Court of 30 April 2013 — Boehringer Ingelheim International v OHIM (RELY-ABLE)
(Case T-640/11) (1)

(Community trade mark - International registration designating the European Community - Word mark RELY-ABLE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Ground included for sake of completeness)
2013/C 171/52
Language of the case: English

Parties


Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: V. von Bomhard, A. Renck and C. Steudtner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2011 (Case R 756/2011-4) concerning the international registration designating the European Community of the word sign RELY-ABLE.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Boehringer Ingelheim International GmbH to pay the costs.






(1)  OJ C 58, 25.2.2012.
Prior notification of a concentration (Case COMP/M.6896 — SPAR/Allianz/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-04-30
Institutions: European Commission
Subjects: Austria, Italy, economic concentration, financial services, foodstuff, insurance, merger control, retail selling, shopping centre, sports equipment








C_2013124EN.01001301.xml










30.4.2013   


EN


Official Journal of the European Union


C 124/13





Prior notification of a concentration
(Case COMP/M.6896 — SPAR/Allianz/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 124/06






1.


On 22 April 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 Allianz SE (‘Allianz’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a portfolio of five shopping centers (the target) by way of purchase of shares in two newly created joint ventures (NewCo Austria and NewCo Italy) with SPAR Holding AG (‘SPAR’, Austria), subsidiary of Holdag Beteiligungsgesellschaft mbH (‘Holdag’, Austria). SPAR will retain a 50 % shareholding and hence joint control over these five shopping centers.










2.


The business activities of the undertakings concerned are:






—


for SPAR: retail of food and sports goods, real-estate and shopping center activities in Austria and neighbouring countries,










—


for Allianz: insurance and other financial services,










—


for NewCo Austria: owning and operating of three shopping centers in Austria, namely Q19 (Vienna), Sillpark (Innsbruck), Atrio (Villach),










—


for NewCo Italy: owning and operating of two shopping centers in Padua, Italy, namely Le Brentelle and Ipercity.














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.6896 — SPAR/Allianz/JV, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-243/13: Action brought on 30 April 2013 — ICT v Commission
Date: 2013-04-30
Institutions: General Court
Subjects: packaging product, tube, waste management








C_2013171EN.01003903.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/39





Action brought on 30 April 2013 — ICT v Commission
(Case T-243/13)
2013/C 171/79
Language of the case: French

Parties


Applicant: Industrie Cartarie Tronchetti SpA (ICT) (Borgo a Mozzano, Italy) (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.