do-me/EUR-LEX huggingface dataset:
Case T-579/10: Judgment of the General Court of 7 May 2013 — macros consult v OHIM — MIP Metro (makro) (Community trade mark — Invalidity proceedings — Community figurative mark makro — Company name macros consult GmbH — Right acquired prior to the application for registration of a Community trade mark and entitling its holder to prohibit the use of the Community trade mark applied for — Non-registered signs protected under German law — Article 5 of the Markengesetz — Article 8(4), Article 53(1)(c), and Article 65 of Regulation (EC) No 207/2009)
Date: 2013-05-07
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2013178EN.01000801.xml










22.6.2013   


EN


Official Journal of the European Union


C 178/8





Judgment of the General Court of 7 May 2013 — macros consult v OHIM — MIP Metro (makro)
(Case T-579/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark makro - Company name macros consult GmbH - Right acquired prior to the application for registration of a Community trade mark and entitling its holder to prohibit the use of the Community trade mark applied for - Non-registered signs protected under German law - Article 5 of the Markengesetz - Article 8(4), Article 53(1)(c), and Article 65 of Regulation (EC) No 207/2009)
2013/C 178/13
Language of the case: German

Parties


Applicant: macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie (Ottobrunn, Germany) (represented initially by T. Raible, and subsequently by M. Daubenmerkl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by R. Manea, and subsequently by G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by J.-C. Plate and R. Kaase, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 October 2010 (Case R 339/2009-4) relating to invalidity proceedings between macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie and MIP Metro Group Intellectual Property GmbH & Co. KG.

Operative part

The Court:






1.


Dismisses the action;










2.


Orders macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie to pay the costs.






(1)  OJ C 55, 19.2.2011.
Case T-246/12: Order of the General Court of 7 May 2013 — Cat Media Pty Ltd v OHIM — Avon Products (RETANEW) (Community trade mark — Opposition proceedings — Withdrawal of opposition — No need to rule)
Date: 2013-05-07
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013189EN.01002401.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/24





Order of the General Court of 7 May 2013 — Cat Media Pty Ltd v OHIM — Avon Products (RETANEW)
(Case T-246/12) (1)

(Community trade mark - Opposition proceedings - Withdrawal of opposition - No need to rule)
2013/C 189/49
Language of the case: English

Parties


Applicant: Cat Media Pty Ltd (Warriewood, Australia) (represented by: I. De Freitas, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Avon Products, Inc. (New York, United States) (represented by: U. Stelzenmüller, lawyer)

Re:

Action brought against the decision of the First Chamber of the Board of Appeal of OHIM of 21 March 2012 (Case R 740/2011-1), concerning opposition proceedings between Avon Products, Inc. and Cat Media Pty Ltd.

Operative part of the order







1.


There is no need to rule on the appeal










2.


The applicant and the intervener shall bear their own costs and shall each pay half of the costs incurred by the defendant.






(1)  OJ C 243, 11.8.2012.
Case C-252/13: Action brought on 7 May 2013 — European Commission v Kingdom of the Netherlands
Date: 2013-05-07
Institutions: Court of Justice
Subjects: EU employment policy, Netherlands, administrative transparency, anti-discriminatory measure, equal treatment, gender equality, infringement of EU law, maternity leave, national implementing measure, principle of legal certainty, work contract, working conditions








C_2013207EN.01002502.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/25





Action brought on 7 May 2013 — European Commission v Kingdom of the Netherlands
(Case C-252/13)
2013/C 207/40
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: D. Martin and M. van Beek, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

The applicant claims that the Court should:






—


declare that, by maintaining in force provisions of Netherlands legislation contrary to Article 1(2)(a) and (b), Article 15 and Article 28(2) of Directive 2006/54/EC (1) of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;










—


order the Kingdom of the Netherlands to pay the costs of the proceedings.





Pleas in law and main arguments

The Commission takes the view that Netherlands employment law does not establish sufficiently clearly that, if female workers returning after the end of the period of maternity leave are confronted with less favourable employment conditions, this is contrary to the prohibition on discrimination on the grounds of pregnancy, childbirth and motherhood.
In its view, that prohibition is not established sufficiently clearly by the mere fact that an employer who unilaterally alters the duties and employment conditions agreed in the employment contract fails to fulfil his obligations.
The Commission regards as insufficient the argument that, when a legal right to leave is recognised, that automatically implies that that any less favourable treatment is unlawful. Equally, the possibility of bringing an action on the basis of the general prohibition of discrimination and the principle of sound employer practice, which are contained in the Burgerlijk Wetboek (Civil Code), does not amount to a sufficiently clear and precise transposition of those provisions of the Directive. Those general principles of Netherlands law do not constitute sufficiently clear transposition of the provisions of the Directive.
That state of affairs does not fulfil the requirements relating to transparency and legal certainty laid down by the Court of Justice for the transposition of a directive in the national legal order.


(1)  OJ 2006 L 204, p. 23.
Case F-86/11: Judgment of the Civil Service Tribunal (First Chamber) of 7 May 2013 — McCoy v Committee of the Regions (Civil Service — Officials — Invalidity pension — Article 78(5) of the Staff Regulations — Refusal to recognise that invalidity arose from an occupational disease)
Date: 2013-05-07
Institutions: Civil Service Tribunal
Subjects: European civil service, disability insurance, occupational disease, regulations for civil servants








C_2013225EN.01008402.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/84





Judgment of the Civil Service Tribunal (First Chamber) of 7 May 2013 — McCoy v Committee of the Regions
(Case F-86/11) (1)

(Civil Service - Officials - Invalidity pension - Article 78(5) of the Staff Regulations - Refusal to recognise that invalidity arose from an occupational disease)
2013/C 225/193
Language of the case: French

Parties


Applicant: Robert McCoy (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: Committee of the Regions of the European Union (represented by: J.C. Cañoto Argüelles, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

Civil Service — Application for the annulment of the decision refusing to recognise that the applicant's invalidity arose from an occupational disease within the meaning of Article 78(5) of the Staff Regulations.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 10 September 2010 of the Bureau of the Committee of the Regions of the European Union, concerning the refusal to recognise that Mr McCoy's invalidity arose from an occupational disease within the meaning of Article 78(5) of the Staff Regulations;










2.


Dismisses the remainder of the application;










3.


Orders the Committee of the Regions of the European Union to bear its own costs and to pay those incurred by Mr McCoy.






(1)  OJ C 340, 19.11.2011, p. 42.
Commission Implementing Regulation (EU) No 454/2013 of 7 May 2013 entering a name in the register of protected designations of origin and protected geographical indications (Ail fumé d’Arleux (PGI))
Date: 2013-05-07
Institutions: European Commission
Subjects: France, bulb vegetable, designation of origin, product designation








L_2013133EN.01000901.xml










17.5.2013   


EN


Official Journal of the European Union


L 133/9








            COMMISSION IMPLEMENTING REGULATION (EU) No 454/2013
of 7 May 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Ail fumé d’Arleux (PGI))


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 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Ail fumé d’Arleux’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 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, 7 May 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 212, 19.7.2012, p. 6.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE
Ail fumé d’Arleux (PGI)
Commission Implementing Regulation (EU) No 474/2013 of 7 May 2013 entering a name in the register of protected designations of origin and protected geographical indications (Salmerino del Trentino (PGI))
Date: 2013-05-07
Institutions: European Commission
Subjects: Italy, designation of origin, freshwater fish, product designation








L_2013138EN.01000101.xml










24.5.2013   


EN


Official Journal of the European Union


L 138/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 474/2013
of 7 May 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Salmerino del Trentino (PGI))


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 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Salmerino del Trentino’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 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, 7 May 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 239, 9.8.2012, p. 9.




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

ITALY
Salmerino del Trentino (PGI)
Commission Implementing Regulation (EU) No 421/2013 of 7 May 2013 entering a name in the register of protected designations of origin and protected geographical indications [Porc du Sud-Ouest (PGI)]
Date: 2013-05-07
Institutions: European Commission
Subjects: France, designation of origin, fresh meat, pigmeat, product designation








L_2013127EN.01000101.xml










9.5.2013   


EN


Official Journal of the European Union


L 127/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 421/2013
of 7 May 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Porc du Sud-Ouest (PGI)]


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 of the European Parliament and of the Council of 21 November 2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Porc du Sud-Ouest’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 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, 7 May 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 162, 8.6.2012, p.20





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

Class 1.1.   Fresh meat (and offal)

FRANCE
Porc du Sud-Ouest (PGI)
Non-opposition to a notified concentration (Case COMP/M.6293 — Thermo Fisher/Phadia)  Text with EEA relevance
Date: 2013-05-07
Institutions: European Commission
Subjects: economic concentration, medical device, merger control, scientific apparatus








C_2013130EN.01000101.xml










7.5.2013   


EN


Official Journal of the European Union


C 130/1





Non-opposition to a notified concentration
(Case COMP/M.6293 — Thermo Fisher/Phadia)
(Text with EEA relevance)
2013/C 130/01
On 18 August 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6293. EUR-Lex is the on-line access to the European law.