do-me/EUR-LEX huggingface dataset:
Case C-381/12 P: Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA (Appeal — Community trade mark — Community mark B. Antonio Basile 1952 — Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion)
Date: 2013-06-06
Institutions: Court of Justice
Subjects: EU trade mark, Italy, infringement of EU law, registered trade mark, trade-mark law








C_2013225EN.01004901.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/49





Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA
(Case C-381/12 P) (1)

(Appeal - Community trade mark - Community mark B. Antonio Basile 1952 - Earlier national mark BASILE - Application for a declaration of invalidity - Limitation in consequence of acquiescence - Regulation (EC) No 40/94 - Article 53(2) - Relative ground for refusal - Article 8(1) of that regulation - Likelihood of confusion)
2013/C 225/86
Language of the case: Italian

Parties


Appellant: I Marchi Italiani Srl (represented by: L. Militerni and G. Militerni, avvocati)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent), Osra SA

Re:

Appeal lodged against the judgment of the General Court (Sixth Chamber) of 28 June 2012 in Case T-133/09 I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2), concerning invalidity proceedings between Osra SA and I Marchi Italiani Srl — Misapplication of Article 135 of the Rules of Procedure of the General Court — Infringement of the principle of good faith — Limitation in consequence of acquiescence — Prerequisites for the limitation period to run — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue

Operative part of the order







1.


The appeal is dismissed.










2.


I Marchi Italiani Srl shall pay the costs.






(1)  OJ C 303, 6.10.2012
Addendum to the reserve list — Open competition ( OJ C 54 A, 23.2.2013 )
Date: 2013-06-06
Institutions: European Personnel Selection Office
Subjects: EPSO, administrator, competition (EU), geography, space science








CA2013160EN.01000401.xml










6.6.2013   


EN


Official Journal of the European Union


CA 160/4






ADDENDUM TO THE RESERVE LIST


OPEN COMPETITION


(Official Journal of the European Union C 54 A of 23 February 2013)

(2013/C 160 A/02)
EPSO/COM/AD/09/10 — Research Administrators (AD6) in the domain of Spatial Sciences
On page 6:
Field 2: Spatial Data Analysts






ROMANOWICZ


Agnieszka
Case C-14/13: Order of the Court (Eighth Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Gena Ivanova Cholakova v Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti (Request for a preliminary ruling — Articles 21(1) TFEU, 67 TFEU and 72 TFEU — Charter of Fundamental Rights of the European Union — National rules permitting a person to be detained in order to establish his identity — Lack of connection with European Union law — Clear lack of jurisdiction of the Court)
Date: 2013-06-06
Institutions: Court of Justice
Subjects: European citizenship, arrest, free movement of persons, interpretation of the law, public order








C_2013225EN.01005401.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/54





Order of the Court (Eighth Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Gena Ivanova Cholakova v Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti
(Case C-14/13) (1)

(Request for a preliminary ruling - Articles 21(1) TFEU, 67 TFEU and 72 TFEU - Charter of Fundamental Rights of the European Union - National rules permitting a person to be detained in order to establish his identity - Lack of connection with European Union law - Clear lack of jurisdiction of the Court)
2013/C 225/99
Language of the case: Bulgarian

Referring court

Administrativen sad Sofia-grad

Parties to the main proceedings


Applicant: Gena Ivanova Cholakova

Defendant: Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti

Re:

Request for a preliminary ruling — Administrativen sad Sofia-grad — Interpretation of Article 21(1) TFEU, read in conjunction with Articles 67 TFEU and 72 TFEU and Article 52(1) of the Charter of Fundamental Rights of the European Union, read in conjunction with Articles 6 and 45(1) of the Charter — Citizenship of the European Union — Free movement of persons — Derogations — National rules permitting a person to be detained by the police in order to establish his identity when that person refuses or is unable to prove his identity — Detention of a maximum of 24 hours — Check not justified on grounds of public order, prevention of criminal activity or domestic security — Discretionary power of the police — Lack of obligation to assess the need to establish the person’s identity

Operative part of the order

It is clear that the Court of Justice of the European Union does not have jurisdiction to answer the questions referred for a preliminary ruling by the Administrativen sad Sofia-grad (Bulgaria) by decision of 17 December 2012 (Case C-14/13).


(1)  OJ C 79, 16.3.2013.
Case T-580/11: Judgment of the General Court of 6 June 2013 — McNeil v OHIM — Alkalon (NICORONO) (Community trade mark — Opposition proceedings — Application for the Community word mark NICORONO — Earlier Community word mark NICORETTE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-06-06
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2013225EN.01007302.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/73





Judgment of the General Court of 6 June 2013 — McNeil v OHIM — Alkalon (NICORONO)
(Case T-580/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark NICORONO - Earlier Community word mark NICORETTE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/161
Language of the case: English

Parties


Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor, and G. Tritton, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Alkalon ApS (Copenhagen, Denmark)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1582/2010-2), relating to opposition proceedings between McNeil AB and Alkalon ApS.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 August 2011 (Case R 1582/2010-2);










2.


Orders OHIM to pay the costs.






(1)  OJ C 25, 28.1.2012.
Corrigendum to the reserve list of the open competition EPSO/COM/AD/11/10 — Research Administrators (AD 6) in the domain of environmental sciences ( OJ C 54 A, 23.2.2013 )
Date: 2013-06-06
Institutions: European Commission
Subjects: EPSO, administrator, competition (EU), life sciences








CA2013160EN.01000501.xml










6.6.2013   


EN


Official Journal of the European Union


CA 160/5





Corrigendum to the reserve list of the open competition EPSO/COM/AD/11/10 — Research Administrators (AD 6) in the domain of environmental sciences

(
Official Journal of the European Union C 54 A of 23 February 2013
)

(2013/C 160 A/03)

On page 8, ‘Field 1: Environmental Chemists and Biologists’:

for:







‘KATSOYANNIS


Athanasios’,





read:







‘KATSOGIANNIS


Athanasios’.
Case T-515/11: Judgment of the General Court of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD) (Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-06-06
Institutions: General Court
Subjects: EU trade mark, electronics industry, registered trade mark, technology, trade-mark law








C_2013225EN.01007202.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/72





Judgment of the General Court of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD)
(Case T-515/11) (1)

(Community trade mark - Application for Community word mark INNOVATION FOR THE REAL WORLD - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/159
Language of the case: English

Parties


Applicant: Delphi Technologies, Inc. (Wilmington, Delaware, United States) (represented by: C. Albrecht and J. Heumann, lawyers)

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

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 June 2011 (Case 1967/2010-2) concerning an application for the registration of the word mark INNOVATION FOR THE REAL WORLD as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Delphi Technologies, Inc. to pay the costs.






(1)  OJ C 355, 3.12.2011.
Case T-126/12: Judgment of the General Court of 6 June 2013 — Interroll v OHIM (Inspired by efficiency) (Community trade mark — Application for Community word mark Inspired by efficiency — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-06-06
Institutions: General Court
Subjects: EU trade mark, machine-tool industry, registered trade mark, trade-mark law








C_2013225EN.01007601.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/76





Judgment of the General Court of 6 June 2013 — Interroll v OHIM (Inspired by efficiency)
(Case T-126/12) (1)

(Community trade mark - Application for Community word mark Inspired by efficiency - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/169
Language of the case: German

Parties


Applicant: Interroll (Sant’ Antonino, Switzerland) (represented by: R. Böhm and N. Ehlers, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2012 (Case R 1280/2011-1) concerning an application for registration of word sign Inspired by efficiency as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Interroll Holding AG to pay the costs.






(1)  OJ C 157, 2.6.2012.
Prior notification of a concentration (Case COMP/M.6897 — Shell/Repsol (Major Part of LNG Business)) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-06-06
Institutions: European Commission
Subjects: Spain, economic concentration, electrical industry, gas industry, merger control, oil industry








C_2013160EN.01000601.xml










6.6.2013   


EN


Official Journal of the European Union


C 160/6





Prior notification of a concentration
(Case COMP/M.6897 — Shell/Repsol (Major Part of LNG Business))
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 160/04






1.


On 31 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 Shell Gas BV (‘Shell Gas’, the Netherlands) and Shell España SA (‘SESA’, Spain), ultimately controlled by Royal Dutch Shell plc (‘Shell’, the Netherlands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over a significant part of the liquefied natural gas (‘LNG’) business division (the ‘Target’) of Repsol SA (‘RSA’, Spain) and Repsol Exploración SA (‘REX’, Spain), a wholly-controlled RSA subsidiary, by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Shell: active worldwide in oil and gas exploration and production, production and marketing of liquefied natural gas, manufacturing, marketing and shipping of oil products and chemicals, and renewable energy projects,










—


for the Target: active worldwide in the production and in the wholesale supply of LNG; active in Spain in the electricity generation.














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.6897 — Shell/Repsol (Major Part of LNG Business), 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’).