do-me/EUR-LEX huggingface dataset:
Case T-271/13: Action brought on 22 May 2013 — Nutrexpa v OHIM — Kraft Foods Italia Intellectual Property (Cuétara MARÍA ORO)
Date: 2013-05-22
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2013215EN.01001501.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/15





Action brought on 22 May 2013 — Nutrexpa v OHIM — Kraft Foods Italia Intellectual Property (Cuétara MARÍA ORO)
(Case T-271/13)
2013/C 215/20
Language in which the application was lodged: Spanish

Parties


Applicant: Nutrexpa, SL (Barcelona, Spain) (represented by: J. Grau Mora, M. Ferrándiz Avendaño and Y. Sastre Canet, lawyers)

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

Other party to the proceedings before the Board of Appeal: Kraft Foods Italia Intellectual Property Srl (Milan, Italy)

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 18 March 2013 in Case R 1285/2012-1, whereby it rejected the application for registration of Community figurative trade mark No 9 056 045‘Cuétara MARÍA ORO’ for ‘Preserved and dried fruits; preserved, dried and cooked vegetables’ (Class 29) and ‘Flour and preparations made from cereals, bread, pastry and confectionery, ices; biscuits’ (Class 30), which should consequently be registered by OHIM;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark containing the word elements ‘Cuétara MARÍA ORO’ for goods in Classes 5, 29 and 30 — Application for registration of Community trade mark No 9 056 045

Proprietor of the mark or sign cited in the opposition proceedings: Kraft Foods Italia Intellectual Property Srl

Mark or sign cited in opposition: National and Community figurative marks containing the word element ‘ORO’ for goods in Classes 29 and 30

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009
Joined Cases C-436/11 and C-437/11: Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer (C-436/11), Ekkerhard Schauβ (C-437/11) v Iberia Líneas Aéreas de España SA (C-436/11), Transportes Aéreos Portugueses SA (C-437/11)
Date: 2013-05-22
Institutions: Court of Justice
Subjects: Germany, air traffic, indemnification, interpretation of the law, traveller








C_2013225EN.01005602.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/56





Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer (C-436/11), Ekkerhard Schauβ (C-437/11) v Iberia Líneas Aéreas de España SA (C-436/11), Transportes Aéreos Portugueses SA (C-437/11)
(Joined Cases C-436/11 and C-437/11) (1)

2013/C 225/106
Language of the case: German
The President of the Court has ordered that the cases be removed from the register.


(1)  OJ C 331, 12.11.2011.
Case C-416/12: Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Wikom Deutsche Telekabel GmbH previously Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH
Date: 2013-05-22
Institutions: Court of Justice
Subjects: Germany, broadcasting, copyright, interpretation of the law, radio telecommunications, telecommunications industry








C_2013225EN.01005804.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/58





Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Wikom Deutsche Telekabel GmbH previously Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH
(Case C-416/12) (1)

2013/C 225/122
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 379, 8.12.2012.
2013/272/EU: European Council Decision of 22 May 2013 concerning the number of members of the European Commission
Date: 2013-05-22
Institutions: European Council
Subjects: European Commission, operation of the Institutions








L_2013165EN.01009801.xml










18.6.2013   


EN


Official Journal of the European Union


L 165/98








            EUROPEAN COUNCIL DECISION
         
of 22 May 2013
         
concerning the number of members of the European Commission
(2013/272/EU)


THE EUROPEAN COUNCIL,

Having regard to the Treaty on European Union, and in particular Article 17(5) thereof,

Whereas:







(1)


At its meetings of 11-12 December 2008 and 18-19 June 2009, the European Council noted the concerns of the Irish people with respect to the Treaty of Lisbon and therefore agreed that, provided the Treaty of Lisbon entered into force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the Commission continue to include one national of each Member State.












(2)


The decision on the number of members of the Commission should be adopted in due time before the appointment of the Commission due to take up its duties on 1 November 2014.












(3)


The implications of this Decision should be kept under review,





HAS ADOPTED THIS DECISION:



Article 1
The Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, equal to the number of Member States.


Article 2
The European Council shall review this Decision, in view of its effect on the functioning of the Commission, in sufficient time in advance of either the appointment of the first Commission following the date of accession of the 30th Member State or the appointment of the Commission succeeding that due to take up its duties on 1 November 2014, whichever is earlier.


Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 November 2014.




Done at Brussels, 22 May 2013.


For the European Council


The President

H. VAN ROMPUY
Case F-50/13: Action brought on 22 May 2013 — ZZ v Commission
Date: 2013-05-22
Institutions: Civil Service Tribunal
Subjects: damages, indemnification, occupational disease, regulations for civil servants








C_2013207EN.01006303.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/63





Action brought on 22 May 2013 — ZZ v Commission
(Case F-50/13)
2013/C 207/112
Language of the case: French

Parties


Applicant: ZZ (represented by: B. Cambier and A. Paternostre, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision on the claim for further compensation, made by the applicant on the basis of Article 90(1) of the Staff Regulations, in order to obtain full compensation for the material and non-material damage that he suffered as a result of his occupational disease and the multiple irregularities in the processing of his claim under Article 73 of the Staff Regulations.

Form of order sought







—


Annul the Commission’s decision of 7 August 2012 on the claim for further compensation under ordinary law and the relevant articles of the Staff Regulations, made by the applicant on 18 April 2012 on the basis of Article 90(1) of the Staff Regulations;










—


Annul the Commission’s decision of 14 February 2013 rejecting the applicant’s complaint made on 25 October 2012 on the basis of Article 90(2) of the Staff Regulations;










—


Grant the applicant the sum of EUR 1 798 650 by way of compensation for the material and non-material damage suffered as a result of the occupational disease and payable under the ordinary law principle of full compensation, after deduction of the compensation granted under Article 73 of the Staff Regulations, possibly revised by the Tribunal in the context of the ongoing Case F-142/12;










—


Grant the applicant the sum of EUR 145 850 in respect of the non-material damage resulting from misconduct of the Commission with regard to the applicant;










—


Grant the applicant reimbursement of the legal costs and other expenses incurred, and interest on late payments and all other interest payments that the Court deems just and proper, running from December 2004, when the damage suffered by the applicant could have been calculated and made good;










—


Order the Commission to pay the costs.
Prior notification of a concentration (Case COMP/M.6936 — Donata/DE Master Blenders) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-05-22
Institutions: European Commission
Subjects: coffee, consumer goods, economic concentration, holding company, merger control








C_2013142EN.01000601.xml










22.5.2013   


EN


Official Journal of the European Union


C 142/6





Prior notification of a concentration
(Case COMP/M.6936 — Donata/DE Master Blenders)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 142/05






1.


On 14 May 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 Donata Holding SE (‘Donata’, Austria), a holding company of the Joh. A. Benckiser group, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking DE Master Blenders 1753 NV (‘DEMB’, the Netherlands) by way of public bid announced on 12 April 2013.










2.


The business activities of the undertakings concerned are:






—


for Donata: holding company of the Joh. A. Benckiser group, which in turn invests in the fast moving consumer goods sector, including coffee and tea industry,










—


for DEMB: coffee and tea products in the retail and out of home markets.














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.6936 — Donata/DE Master Blenders, 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’).