do-me/EUR-LEX huggingface dataset:
Case T-253/13: Action brought on 6 May 2013 — Orthogen v OHIM — Arthrex Medizinische Instrumente (IRAP)
Date: 2013-05-06
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, therapeutics, trade-mark law








C_2013207EN.01004001.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/40





Action brought on 6 May 2013 — Orthogen v OHIM — Arthrex Medizinische Instrumente (IRAP)
(Case T-253/13)
2013/C 207/67
Language in which the application was lodged: German

Parties


Applicant: Orthogen AG (Düsseldorf, Germany) (represented by: M. Finger and S. Krüger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Arthrex Medizinische Instrumente GmbH (Karlsfeld, Germany)

Form of order sought

The applicant claims that the General 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 21 February 2013 in Case R 382/2012-1;










—


order OHIM to pay the costs of the proceedings, including those incurred before 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: Word mark ‘IRAP’ for goods and services in Classes 1, 5, 10, 42 and 44 — Community trade mark No 3 609 121

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Arthrex Medizinische Instrumente GmbH

Grounds for the application for a declaration of invalidity: Absolute ground for invalidity; ‘IRAP’ is a commonly used abbreviation for a certain protein which plays a significant role in certain medical and veterinary treatments.

Decision of the Cancellation Division: Application for a declaration of invalidity granted

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 52(1)(a) of Regulation No 207/2009 and of Article 7(1)(b) of Regulation No 207/2009.
Case T-254/13: Action brought on 6 May 2013 — Stayer Ibérica/OHIM — Korporaciya Masternet (STAYER)
Date: 2013-05-06
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tool industry, trade-mark law








C_2013207EN.01004002.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/40





Action brought on 6 May 2013 — Stayer Ibérica/OHIM — Korporaciya ‘Masternet’ (STAYER)
(Case T-254/13)
2013/C 207/68
Language in which the application was lodged: English

Parties


Applicant: Stayer Ibérica, SA (Pinto, Spain) (represented by: S. Rizzo, lawyer)

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

Other party to the proceedings before the Board of Appeal: ZAO Korporaciya ‘Masternet’ (Moscow, Russia)

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision in so far as it upholds the appeal in part and declares the CTM registration No 4675881 invalid for the following goods:






—


Class 7: Equipment and tools; parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries; marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of equipment included in Class 7.











—


Class 8: Hand held abrasive items (wheels and grinding wheels).















—


Order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘STAYER’ — Community trade mark registration No 4 675 881

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The grounds for the request for a declaration of invalidity were those of Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Rejected the request for invalidity in its entirety

Decision of the Board of Appeal: Partially upheld the appeal.

Pleas in law: Infringement of Articles 76(2), 15 and 8(1)(b) of Council Regulation No 207/2009.
Case T-577/11: Order of the General Court of 6 May 2013 — Ethniko kai Kapodistriako Panepistimio Athinon v ECDC (Action for annulment — Public service contracts — Tendering procedure — Provision to the ECDC of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens — Rejection of a tenderer’s bid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Date: 2013-05-06
Institutions: General Court
Subjects: infectious disease, invitation to tender, provision of services, public health, services contract








C_2013189EN.01002301.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/23





Order of the General Court of 6 May 2013 — Ethniko kai Kapodistriako Panepistimio Athinon v ECDC
(Case T-577/11) (1)

(Action for annulment - Public service contracts - Tendering procedure - Provision to the ECDC of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens - Rejection of a tenderer’s bid - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2013/C 189/47
Language of the case: Greek

Parties


Applicant: Ethniko kai Kapodistriako Panepistimio Athinon (Athens, Greece) (represented by: S. Garipis, lawyer)

Defendant: European Centre for Disease Prevention and Control (ECDC) (represented by: R. Trott, Agent, assisted by D. Waelbroeck and E. Bourtzalas)

Re:

Application for annulment of the ECDC’s decision of 25 August 2011 rejecting the bid submitted by the applicant in the tendering procedure PROC/2001/041 concerning the provision of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens (OJ 2011/S 109-179084).

Operative part of the order







1.


The action is dismissed;










2.


Ethniko kai Kapodistriako Panepistimio Athinon shall bear its own costs and pay those incurred by the European Centre for Disease Prevention and Control (ECDC).






(1)  OJ C 25, 28.1.2012.
Case T-288/11: Judgment of the General Court of 6 May 2013 — Kieffer Omnitec v Commission (Public service contracts — Procurement procedure — Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg — Rejection of a tenderer’s bid — Equal treatment — Transparency — Proportionality — Manifest error of assessment — Duty to state reasons)
Date: 2013-05-06
Institutions: General Court
Subjects: administrative transparency, award of contract, equal treatment, invitation to tender, maintenance, principle of proportionality, services contract








C_2013171EN.01002602.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/26





Judgment of the General Court of 6 May 2013 — Kieffer Omnitec v Commission
(Case T-288/11) (1)

(Public service contracts - Procurement procedure - Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg - Rejection of a tenderer’s bid - Equal treatment - Transparency - Proportionality - Manifest error of assessment - Duty to state reasons)
2013/C 171/50
Language of the case: French

Parties


Applicant: A+P Kieffer Omnitec Sàrl (Luxembourg, Luxembourg) (represented by: A. Delvaux, V. Bertrand and M. Devos, lawyers)

Defendant: Commission (represented by: A.-M. Rouchaud-Joët and S. Delaude, acting as Agents, and V. Vanden Acker, lawyer)

Re:

Annulment of the Commission’s decision of 1 April 2001 rejecting the tender submitted by the applicant in the procurement procedure relating to the conclusion of a contract for maintenance of HVAC, sprinkler and water and sanitary installations at the Joseph-Bech Building in Luxembourg and awarding the contract to another tenderer (OJ 2010/S 241 367523)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders A+P Kieffer Omnitec Sàrl to pay the costs.






(1)  OJ C 252, 27.8.2011.
Case T-498/12: Order of the General Court of 6 May 2013 — Koinopraxia Touristiki Loutrakiou v Commission
Date: 2013-05-06
Institutions: General Court
Subjects: State aid, access to EU information, administrative transparency, provision of documents, rights of the defence








C_2013189EN.01002903.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/29





Order of the General Court of 6 May 2013 — Koinopraxia Touristiki Loutrakiou v Commission
(Case T-498/12) (1)

2013/C 189/61
Language of the case: Greek
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 26, 26.1.2013.
Commission Implementing Regulation (EU) No 416/2013 of 6 May 2013 entering a name in the register of traditional specialities guaranteed (Moules de bouchot (TSG))
Date: 2013-05-06
Institutions: European Commission
Subjects: France, mollusc, product designation








L_2013125EN.01001301.xml










7.5.2013   


EN


Official Journal of the European Union


L 125/13








            COMMISSION IMPLEMENTING REGULATION (EU) No 416/2013
of 6 May 2013
         
entering a name in the register of traditional specialities guaranteed (Moules de bouchot (TSG))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2).












(2)


Pursuant to Article 8(2) of Regulation (EC) No 509/2006, France’s application to register the name ‘Moules de bouchot’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 May 2013.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 1.

(3)  
            OJ C 239, 9.8.2012, p. 13.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

FRANCE
Moules de bouchot (TSG)
Case C-248/13: Action brought on 6 May 2013 — European Commission v Council of the European Union
Date: 2013-05-06
Institutions: Court of Justice
Subjects: European official, abuse of power, institutional balance (EU), pension scheme, regulations for civil servants, remuneration of work








C_2013171EN.01002501.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/25





Action brought on 6 May 2013 — European Commission v Council of the European Union
(Case C-248/13)
2013/C 171/48
Language of the case: French

Parties


Applicant: European Commission (represented by: J. Currall, J.-P. Keppenne and D. Martin, acting as Agents)

Defendant: Council of the European Union

Form of order sought







—


Declare that, by failing to adopt the Commission’s proposal for a Council Regulation adjusting, with the effect from 1 July 2012, the remuneration and pensions of the officials and other servants of the European Union and the correction coefficients applied to the remuneration and pensions, the Council has failed to fulfil its obligations under the Staff Regulations;










—


order the Council of the European Union to pay the costs.





Pleas in law and main arguments

By the present action, the applicant submits that the Council unlawfully refrained from adopting the Commission’s proposal for a regulation adjusting the remuneration and pensions of the officials and other servants of the European Union pursuant to Article 3 of Annex XI to the Staff Regulations, despite the fact that it is apparent from the mandatory terms of that article that the method for the annual adjustment of the remuneration and pensions is an automatic procedure which leaves the Council no discretion. The abovementioned article obliges the Council to adopt the Commission’s proposal before 31 December of the current year. The Commission complains that the Council merely noted that it had no qualified majority to adopt the Commission’s proposal concerning, firstly, the adjustment of salaries and, secondly, the correction coefficients provided for in Annex XI of the Staff Regulations. In the submission of the applicant, the Council has in fact, without any grounds, applied Article 10 of Annex XI, ignoring the Commission and Parliament’s prerogatives. By so doing, the Council has infringed not only the provisions referred to above but also the principle of institutional balance, while committing an misuse of powers.
Case C-249/13: Request for a preliminary ruling from the Tribunal administratif de Pau (France) lodged on 6 May 2013 — Khaled Boudjlida v Préfet des Pyrénées-Atlantiques
Date: 2013-05-06
Institutions: Court of Justice
Subjects: illegal migration, return migration, right to justice, rights of the defence








C_2013189EN.01001301.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/13





Request for a preliminary ruling from the Tribunal administratif de Pau (France) lodged on 6 May 2013 — Khaled Boudjlida v Préfet des Pyrénées-Atlantiques
(Case C-249/13)
2013/C 189/25
Language of the case: French

Referring court

Tribunal administratif de Pau

Parties to the main proceedings


Applicant: Khaled Boudjlida

Defendant: Préfet des Pyrénées-Atlantiques

Questions referred







1.


What is the extent of the right to be heard laid down by Article 41 of the Charter of Fundamental Rights of the European Union for an illegally staying third-country national in respect of whom a decision falls to be taken as to whether or not he is to be returned? In particular, does that right include the right to be put in a position to analyse the information relied on against him as regards his right of residence, to express his point of view, in writing or orally, with a sufficient period of reflection, and to enjoy the assistance of counsel of his own choosing?










2.


If necessary, must the extent of that right be adjusted or limited in view of the general interest objective of the return policy set out in Directive 2008/115? (1)











3.


If so, what adjustments or limitations must be made, and on the basis of what criteria should they be established?






(1)  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).
Case T-673/11: Order of the General Court of 6 May 2013 — Sigla v OHIM (VIPS CLUB)
Date: 2013-05-06
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2013189EN.01002902.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/29





Order of the General Court of 6 May 2013 — Sigla v OHIM (VIPS CLUB)
(Case T-673/11) (1)

2013/C 189/60
Language of the case: Spanish
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 65, 3.3.2012.