do-me/EUR-LEX huggingface dataset:
Case T-188/11: Judgment of the General Court of 28 May 2013 — Chiboub v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis)
Date: 2013-05-28
Institutions: General Court
Subjects: Tunisia, capital movement, financial transaction, international sanctions








C_2013225EN.01006802.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/68





Judgment of the General Court of 28 May 2013 — Chiboub v Council
(Case T-188/11) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - No legal basis)
2013/C 225/151
Language of the case: French

Parties


Applicant: Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub (Abu Dhabi, United Arab Emirates) (represented by: initially, G. Perrot and F. Gaudillière, and subsequently by M.-M. Le Roux, lawyers)

Defendant: Council of the European Union (represented by: initially, A. Vitro, G. Étienne and S. Cook, and subsequently by A. Vitro and G. Étienne, acting as Agents)

Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, acting as Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)

Re:

Application for annulment, first, of Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62); secondly, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72 (OJ 2011 L 31, p. 40); and, thirdly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), in so far as those measures apply to the applicant.

Operative part of the judgment

The Court:






1.


Annuls the Annex to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia, as amended by Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72, in so far as it applies to Mr Mohamed Slim Ben Mohamed Hassen Ben Salah Chiboub;










2.


Annuls Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia in so far as it applies to Mr Chiboub;










3.


Declares that the effects of the Annex to Decision 2011/72, as amended by Implementing Decision 2011/79, with respect to Mr Chiboub shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it applies to Mr Chiboub;










4.


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










5.


Orders the European Commission and the Republic of Tunisia to bear their own costs.






(1)  OJ C 145, 14.5.2011.
Case F-67/11: Order of the Civil Service Tribunal (First Chamber) of 28 May 2013 — Marcuccio v Commission (Civil service — Officials — Annulment of the Commission’s decision — Compliance with the judgment of the Tribunal — Damage arising as a result of non-compliance — Conditions — Action manifestly lacking any basis in law)
Date: 2013-05-28
Institutions: Civil Service Tribunal
Subjects: European civil service, breach of domicile, damages, enforcement of ruling, housing, indemnification, legal basis








C_2013225EN.01008503.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/85





Order of the Civil Service Tribunal (First Chamber) of 28 May 2013 — Marcuccio v Commission
(Case F-67/11) (1)

(Civil service - Officials - Annulment of the Commission’s decision - Compliance with the judgment of the Tribunal - Damage arising as a result of non-compliance - Conditions - Action manifestly lacking any basis in law)
2013/C 225/197
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cirpressa, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)

Re:

Civil service — Application for annulment of the Commission’s decision rejecting the applicant’s request relating, first, to compliance on the part of the Commission with paragraph 2 of the operative part of the judgment of the Civil Service Tribunal of 9 June 2010 in Case F-56/09 Marcuccio v Commission, and, second, compensation for the damage allegedly suffered by the applicant.

Operative part of the order







1.


The action is dismissed as manifestly lacking any basis in law.










2.


Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission, including the costs relating to the interlocutory proceedings in Case F-67/11 R Marcuccio v Commission.






(1)  OJ C 319, 29.10.2011, p. 29.
Case T-200/11: Judgment of the General Court of 28 May 2013 — Al Matri v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis)
Date: 2013-05-28
Institutions: General Court
Subjects: Tunisia, capital movement, financial transaction, international sanctions








C_2013225EN.01006901.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/69





Judgment of the General Court of 28 May 2013 — Al Matri v Council
(Case T-200/11) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - No legal basis)
2013/C 225/152
Language of the case: English

Parties


Applicant: Fahed Mohamed Sakher Al Matri (Doha, Qatar) (represented by: M. Lester, Barrister, and G. Martin, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and I. Gurov, Agents)

Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)

Re:

Application for annulment, first, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40); secondly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1); and, thirdly, of Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72 (OJ 2012 L 27, p. 11), in so far as they apply to the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia and Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia, in so far as they concern Mr Fahed Mohamed Sakher Al Matri;










2.


Declares that the effects of Implementing Decision 2011/79 with respect to Mr Al Matri shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it concerns Mr Al Matri;










3.


Declares that there is no need to adjudicate on the remainder of the action;










4.


Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Al Matri;










5.


Orders the European Commission and the Republic of Tunisia to bear their own costs.






(1)  OJ C 160, 28.5.2011.
Case T-178/11: Judgment of the General Court of 28 May 2013 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional shape of a bottle) (Community trade mark — Cancellation proceedings — Three-dimensional Community trade mark depicting the shape of a bottle — Absolute grounds for refusal)
Date: 2013-05-28
Institutions: General Court
Subjects: EU trade mark, beverage industry, bottling, registered trade mark, trade-mark law








C_2013225EN.01006702.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/67





Judgment of the General Court of 28 May 2013 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional shape of a bottle)
(Case T-178/11) (1)

(Community trade mark - Cancellation proceedings - Three-dimensional Community trade mark depicting the shape of a bottle - Absolute grounds for refusal)
2013/C 225/149
Language of the case: English

Parties


Applicants: Voss of Norway ASA (Oslo, Norway) (represented by: F. Jacobacci and B. La Tella, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and V. Melgar, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Nordic Spirit AB (publ) (Stockholm, Sweden)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2011 (Case R 785/2010-1) relating to cancellation proceedings between Nordic Spirit AB (publ) and Voss of Norway ASA

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Voss of Norway ASA to pay the costs.






(1)  OJ C 145, 14.5.2011.
Euro exchange rates
Date: 2013-05-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2013148EN.01000101.xml










28.5.2013   


EN


Official Journal of the European Union


C 148/1





Euro exchange rates (1)

27 May 2013
2013/C 148/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2939




JPY


Japanese yen


130,59




DKK


Danish krone


7,4531




GBP


Pound sterling


0,85560




SEK


Swedish krona


8,5964




CHF


Swiss franc


1,2452




ISK


Iceland króna


 




NOK


Norwegian krone


7,5480




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,968




HUF


Hungarian forint


289,23




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7013




PLN


Polish zloty


4,1935




RON


Romanian leu


4,3443




TRY


Turkish lira


2,3871




AUD


Australian dollar


1,3405




CAD


Canadian dollar


1,3357




HKD


Hong Kong dollar


10,0453




NZD


New Zealand dollar


1,5997




SGD


Singapore dollar


1,6293




KRW


South Korean won


1 452,42




ZAR


South African rand


12,4424




CNY


Chinese yuan renminbi


7,9201




HRK


Croatian kuna


7,5620




IDR


Indonesian rupiah


12 676,25




MYR


Malaysian ringgit


3,9190




PHP


Philippine peso


53,811




RUB


Russian rouble


40,5950




THB


Thai baht


38,636




BRL


Brazilian real


2,6542




MXN


Mexican peso


16,1537




INR


Indian rupee


71,9100






(1)  Source: reference exchange rate published by the ECB.
Case C-296/13: Request for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany) lodged on 28 May 2013 — RWE AG v Freistaat Bayern
Date: 2013-05-28
Institutions: Court of Justice
Subjects: EU law - national law, Germany, interpretation of the law, judicial proceedings








C_2013274EN.01000201.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/2





Request for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany) lodged on 28 May 2013 — RWE AG v Freistaat Bayern
(Case C-296/13)
2013/C 274/02
Language of the case: German

Referring court

Bayerisches Verwaltungsgericht München

Parties to the main proceedings


Applicant: RWE AG

Defendant: Freistaat Bayern
By decision of the Court of 25 July 2013 the case was removed from the register.
Case C-68/13: Order of the President of the Court of 28 May 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Markus Weiss v Condor Flugdienst GmbH
Date: 2013-05-28
Institutions: Court of Justice
Subjects: air traffic, consumer protection, interpretation of the law, transport regulations








C_2013225EN.01005905.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/59





Order of the President of the Court of 28 May 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Markus Weiss v Condor Flugdienst GmbH
(Case C-68/13) (1)

2013/C 225/131
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 114, 20.4.2013.
Case T-301/13: Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna MEDITERRANEAN WHITE CHEESE)
Date: 2013-05-28
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2013215EN.01001702.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/17





Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna MEDITERRANEAN WHITE CHEESE)
(Case T-301/13)
2013/C 215/25
Language in which the application was lodged: English

Parties


Applicant: Nordex Holding A/S (Dronninglund, Denmark) (represented by: M. Kleis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)

Form of order sought

The applicant claims that the Court should:






—


Annul the First Board of Appeal’s decision of 1 March 2013 in Case R 2604/2011-1;










—


Annul the Cancellation Division’s decision of 21 October 2011 No 4892 C, which preceded the adoption of the contested decision;










—


Order the Office to pay the costs, including those incurred in the appeal proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the word elements ‘Taverna MEDITERRANEAN WHITE CHEESE’ — Community trade mark registration No 3 600 285

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 of the request for a declaration of invalidity were those laid down in Articles 53(1)(a) and 8(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1)(a) in conjunction with 8(1)(b) of Council Regulation No 207/2009.
Notice of the impending expiry of certain anti-dumping measures
Date: 2013-05-28
Institutions: European Commission
Subjects: China, Malaysia, anti-dumping duty, bolt and screw industry, import (EU), iron, originating product, steel








C_2013148EN.01000801.xml










28.5.2013   


EN


Official Journal of the European Union


C 148/8





Notice of the impending expiry of certain anti-dumping measures
2013/C 148/04
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 8/20, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain iron or steel fasteners


People's Republic of China extended to Malaysia


Anti-dumping duty


Council Regulation (EC) No 91/2009 (OJ L 29, 31.1.2009, p. 1) and Council Implementing Regulation (EU) No 723/2011 (OJ L 194, 26.7.2011, p. 6)


1.2.2014






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.
Case C-239/12 P: Judgment of the Court (Grand Chamber) of 28 May 2013 — Abdulbasit Abdulrahim v Council of the European Union, European Commission (Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings)
Date: 2013-05-28
Institutions: Court of Justice
Subjects: common foreign and security policy, international sanctions, terrorism








C_2013225EN.01003401.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/34





Judgment of the Court (Grand Chamber) of 28 May 2013 — Abdulbasit Abdulrahim v Council of the European Union, European Commission
(Case C-239/12 P) (1)

(Appeal - Common foreign and security policy (CFSP) - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Action for annulment - Removal of the interested party from the list of persons and entities concerned - Interest in bringing proceedings)
2013/C 225/57
Language of the case: English

Parties


Appellant: Abdulbasit Abdulrahim (represented by: P. Moser QC and E. Grieves, Barrister, instructed by H. Miller, Solicitor)

Other parties to the proceedings: Council of the European Union (represented by: E. Finnegan and G. Étienne, Agents), European Commission, (represented by: E. Paasivirta and G. Valero Jordana, Agents)

Re:

Appeal against the order of the General Court (Second Chamber) of 28 February 2012 in Case T-127/09 Abdulrahim v Council and Commission, by which the General Court held that there was no need to adjudicate on an action seeking partial annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2008 L 345, p. 60) — Removal of the interested party from the list of persons and entities concerned

Operative part of the judgment

The Court:






1.


Sets aside the order of the General Court of the European Union of 28 February 2012 in Case T-127/09 Abdulrahim v Council and Commission in so far as the order decides that there is no longer any need to adjudicate on the action for annulment brought before the General Court by Mr Abdulbasit Abdulrahim;










2.


Refers the case back to the General Court of the European Union for it to rule again on Mr Abdulbasit Abdulrahim’s action for annulment;










3.


Reserves the costs.






(1)  OJ C 200, 7.7.2012.
Case T-302/13: Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
Date: 2013-05-28
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2013226EN.01002102.xml










3.8.2013   


EN


Official Journal of the European Union


C 226/21





Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
(Case T-302/13)
(2013/C 226/28)
Language in which the application was lodged: English

Parties


Applicant: Nordex Holding A/S (Dronninglund, Denmark) (represented by: M. Kleis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)

Form of order sought

The applicant claims that the Court should:






—


Annul the First Board of Appeal’s decision of 21 March 2013 in Case R 2608/2011-1;










—


Annul the Cancellation Division’s decision of 21 October 2011 No 4891 C, which preceded the adoption of the contested decision;










—


Order the Office to pay the costs, including those incurred in the appeal proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the word element ‘Taverna’– Community trade mark registration No 5 466 909

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 of the request for a declaration of invalidity were those laid down in Articles 53(1)(a) and 8(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1)(a) in conjunction with 8(1)(b) of Council Regulation No 207/2009.