do-me/EUR-LEX huggingface dataset:
Case T-309/13: Action brought on 7 June 2013 — Enosi Mastichoparagogon/OHIM — Gaba International (ELMA)
Date: 2013-06-07
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013226EN.01002301.xml










3.8.2013   


EN


Official Journal of the European Union


C 226/23





Action brought on 7 June 2013 — Enosi Mastichoparagogon/OHIM — Gaba International (ELMA)
(Case T-309/13)
(2013/C 226/31)
Language in which the application was lodged: English

Parties


Applicant: Enosi Mastichoparagogon Chiou (Chios, Greece) (represented by: A. Malamis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gaba International Holding AG (Hamburg, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of 26 March 2013, in Case R 1539/2012-4;










—


Order the Office and other party (opponent before the Opposition Division and appellee before the OHIM’s Board of Appeal) to bear their own costs and pay those of the CTM applicant (applicant for annulment).





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ELMA’ for goods in class 5 — International registration designating the European Community 900 845

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration of the word mark ‘ELMEX’ for goods in classes 3, 5 and 21

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Non-opposition to a notified concentration (Case COMP/M.6842 — Goldman Sachs/TPG Lundy/Verna Group)  Text with EEA relevance
Date: 2013-06-07
Institutions: European Commission
Subjects: economic concentration, financial services, investment bank, investment company, merger control, waste management








C_2013162EN.01000801.xml










7.6.2013   


EN


Official Journal of the European Union


C 162/8





Non-opposition to a notified concentration
(Case COMP/M.6842 — Goldman Sachs/TPG Lundy/Verna Group)
(Text with EEA relevance)
2013/C 162/04
On 14 May 2013, 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 32013M6842. EUR-Lex is the on-line access to the European law.
Case C-311/13: Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 7 June 2013 — O. Tümer v Raad van Bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Date: 2013-06-07
Institutions: Court of Justice
Subjects: EU law - national law, Netherlands, financial solvency, foreign national, illegal migration, residence permit, social-security benefit, wage earner








C_2013252EN.01002002.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/20





Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 7 June 2013 — O. Tümer v Raad van Bestuur van het Uitvoeringsinstituut werknemersverzekeringen
(Case C-311/13)
2013/C 252/31
Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings


Applicant: O. Tümer

Defendant: Raad van Bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Question referred

Should the Insolvency Directive, (1) in particular Articles 2, 3 and 4 of that Directive, given its basis in Article 137(2) of the EC Treaty (now Article 153(2) of the TFEU), be interpreted as meaning that a national rule such as Article 3(3) and Article 61 of the [Werkloosheidswet], under which a foreign national who is a national of a third country and who does not hold a valid residence permit in the Netherlands within the meaning of Article 8(a) to (e) and (l) of the Vreemdelingenwet 2000 is not regarded as an employee, is incompatible with it, even in a case such as that of the appellant, who has applied for an insolvency benefit, who under civil law must be regarded as an employee and who meets the other conditions for it to be granted?


(1)  Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ 2008 L 283, p. 36).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2013-06-07
Institutions: European Commission
Subjects: Germany, State aid, control of State aid, cultural promotion








C_2013162EN.01000101.xml










7.6.2013   


EN


Official Journal of the European Union


C 162/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2013/C 162/01






Date of adoption of the decision


17.12.2010




Reference number of State Aid


SA.31783 (N 489/10)




Member State


Germany




Region


—




Title (and/or name of the beneficiary)


Filmstiftung Nordrhein-Westfalen — Verlängerung der Beihilfenregelung N 717/09




Legal basis


Richtlinien der Filmstiftung Nordrhein-Westfalen GmbH




Type of measure


Aid scheme




Objective


Culture




Form of aid


Reimbursable grant




Budget








 


Annual budget: EUR 12,55 million










 


Overall budget: EUR 75,3 million








Intensity


70 %




Duration (period)


1.1.2011-31.12.2016




Economic sectors


Recreational, cultural sporting activities




Name and address of the granting authority


Filmstiftung Nordrhein-Westfalen
DEUTSCHLAND




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Case T-93/11: Judgment of the General Court of 7 June 2013 — Stichting Corporate Europe Observatory v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement — Refusal of access — Exception relating to the protection of the public interest in the field of international relations — Documents which have entered the public domain — Non-imposition of a restriction on disclosure of documents)
Date: 2013-06-07
Institutions: General Court
Subjects: India, access to EU information, dissemination of EU information, free-trade agreement, negotiation of an agreement (EU), trade agreement (EU)








C_2013225EN.01006701.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/67





Judgment of the General Court of 7 June 2013 — Stichting Corporate Europe Observatory v Commission
(Case T-93/11) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement - Refusal of access - Exception relating to the protection of the public interest in the field of international relations - Documents which have entered the public domain - Non-imposition of a restriction on disclosure of documents)
2013/C 225/148
Language of the case: English

Parties


Applicant: Stichting Corporate Europe Observatory (Amsterdam, Netherlands) (represented by: S. Crosby, Solicitor, and S. Santoro, lawyer)

Defendant: European Commission (represented by: initially, F. Clotuche-Duvieusart and C. ten Dam, and subsequently F. Clotuche-Duvieusart and I. Zervas, Agents)

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze, J. Möller, K. Petersen and A. Wiedmann, Agents)

Re:

Application for annulment of the decision of the Commission of 6 December 2010 refusing the applicant full access to several documents relating to the negotiations between the European Union and the Republic of India aimed at concluding a free trade agreement, pursuant to the third indent of Article 4(1)(a) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders the applicant to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 113, 9.4.2011.
Non-opposition to a notified concentration (Case COMP/M.6880 — Liberty Global/Virgin Media)  Text with EEA relevance
Date: 2013-06-07
Institutions: European Commission
Subjects: economic concentration, merger control, telecommunications industry, transmission network








C_2013162EN.01000802.xml










7.6.2013   


EN


Official Journal of the European Union


C 162/8





Non-opposition to a notified concentration
(Case COMP/M.6880 — Liberty Global/Virgin Media)
(Text with EEA relevance)
2013/C 162/05
On 15 April 2013, 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 32013M6880. EUR-Lex is the on-line access to the European law.
2013/274/EU: Commission Implementing Decision of 7 June 2013 amending Decision 2008/855/EC as regards animal health control measures relating to classical swine fever in Hungary (notified under document C(2013) 3348)  Text with EEA relevance
Date: 2013-06-07
Institutions: European Commission
Subjects: Hungary, animal plague, swine, veterinary inspection








L_2013159EN.01001401.xml










11.6.2013   


EN


Official Journal of the European Union


L 159/14








            COMMISSION IMPLEMENTING DECISION
         
of 7 June 2013
         
amending Decision 2008/855/EC as regards animal health control measures relating to classical swine fever in Hungary
(notified under document C(2013) 3348)
(Text with EEA relevance)
(2013/274/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,


Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:







(1)


Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (3) lays down certain control measures in relation to classical swine fever in the Member States or regions thereof listed in the Annex thereto. That list includes the county of Pest in Hungary.












(2)


Hungary has informed the Commission about recent developments with regard to classical swine fever in the territory of the county of Pest listed in the Annex to Decision 2008/855/EC.












(3)


That information indicates that classical swine fever has been eradicated in the territory of the county of Pest. Accordingly, the measures provided for in Decision 2008/855/EC should no longer apply to that county and the reference to the county of Pest in the list set out in Part I of the Annex thereto should be deleted.












(4)


Decision 2008/855/EC should therefore be amended accordingly.












(5)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS DECISION:



Article 1
In Part I of the Annex to Decision 2008/855/EC, point 3 is deleted.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 7 June 2013.


For the Commission

Tonio BORG
            

Member of the Commission






(1)  
            OJ L 395, 30.12.1989, p. 13.

(2)  
            OJ L 224, 18.8.1990, p. 29.

(3)  
            OJ L 302, 13.11.2008, p. 19.
Prior notification of a concentration (Case COMP/M.6857 — Crane Co./MEI Group)  Text with EEA relevance
Date: 2013-06-07
Institutions: European Commission
Subjects: Japan, economic concentration, industrial product, merger control, money, screen








C_2013162EN.01001301.xml










7.6.2013   


EN


Official Journal of the European Union


C 162/13





Prior notification of a concentration
(Case COMP/M.6857 — Crane Co./MEI Group)
(Text with EEA relevance)
2013/C 162/08






1.


On 31 May 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Crane Co. (‘Crane’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the MEI Group (‘MEI’, USA), owned by Bain Capital and Advantage Partners, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Crane: a diversified manufacturer of highly engineered industrial products principally active in the following markets: aerospace, defense electronics, automated merchandising (including unattended payment systems and vending machines), chemical, pharmaceutical, oil, gas, power, nuclear, building services and utilities,










—


for MEI: provides unattended payment systems mainly used for automated validation, acceptance and dispensing of currency. MEI also supplies traffic signals, in the form of both portable traffic lights and portable electronic message boards, in Japan though, not the EEA.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6857 — Crane Co./MEI Group, 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’).
Case C-317/13: Action brought on 7 June 2013 — European Parliament v Council of the European Union
Date: 2013-06-07
Institutions: Court of Justice
Subjects: application of EU law, drug surveillance, exchange of information, legal basis, psychotropic substance








C_2013226EN.01000703.xml










3.8.2013   


EN


Official Journal of the European Union


C 226/7





Action brought on 7 June 2013 — European Parliament v Council of the European Union
(Case C-317/13)
(2013/C 226/13)
Language of the case: French

Parties


Applicant: European Parliament (represented by: F. Drexler, A. Caiola and M. Pencheva, acting as Agents)

Defendant: Council of the European Union

Form of order sought







—


annul Council Decision 2013/129/EU of 7 March 2013 on subjecting 4-methylamphetamine to control measures; (1)











—


maintain the effects of Council Decision 2013/129/EU until it is replaced by a new measure adopted in the prescribed manner;










—


order Council of the European Union to pay the costs.





Pleas in law and main arguments

First of all, the Parliament points out that the preamble to the contested decision refers to the following legal bases: Article 8(3) of Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (2) and the Treaty on the Functioning of the European Union. The Parliament infers therefrom that the Council implicitly refers to Article 34(2)(c) of the previous Treaty on European Union.
The Parliament relies on two pleas in law in support of its action for annulment.
In the first place, the Parliament claims that the Council based its decision on a legal basis, Article 34(2)(c) EU, which was repealed when the Treaty of Lisbon entered into force. Accordingly, the contested decision is no longer based solely on Decision 2005/387/JHA. The latter constitutes a secondary legal basis and is thus unlawful.
In the second place, and in the light of the foregoing, the Parliament considers that the legislative process is vitiated by infringements of essential procedural requirements. First, if Article 34(2)(c) EU had been applicable, the Parliament should have been consulted before the adoption of the contested decision in accordance with Article 39(1) EU. However, the Parliament claims that that was not the case. Secondly, if it is held that the applicable provisions are those derived from the Treaty of Lisbon, the Parliament should have been involved in the legislative procedure on the basis of Article 83(1) TFEU. In either case, since the Parliament was not involved in the adoption of the contested decision, the latter is vitiated by an infringement of essential procedural requirements.
Finally, if the Court decides to annul the contested decision, the Parliament considers that it would be necessary, in accordance with the second paragraph of Article 264 TFEU, to maintain the effects of the contested decision until it is replaced by a new measure adopted in the prescribed manner.


(1)  OJ 2013 L 72, p. 11.

(2)  OJ 2005 L 172, p. 32.
Case T-308/13: Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
Date: 2013-06-07
Institutions: General Court
Subjects: EU trade mark, electrical energy, oil industry, registered trade mark, trade-mark law








C_2013226EN.01002202.xml










3.8.2013   


EN


Official Journal of the European Union


C 226/22





Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
(Case T-308/13)
(2013/C 226/30)
Language in which the application was lodged: Spanish

Parties


Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix and L. Montoya Terán, lawyers)

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

Other party to the proceedings before the Board of Appeal: Josep María Adell Argiles (Madrid, Spain)

Form of order sought

The applicant claims that the General Court should:






—


annul and declare inapplicable the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2013 in Case R 1565/2012-1 and, consequently, allow the registration of Community trade mark No 9 548 884‘ELECTROLINERA’ for the goods in Classes 4, 37 and 39 in respect of which registration was refused in the contested decision;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Applicant

Community trade mark concerned: Word mark ‘ELECTROLINERA’ for goods and services in Classes 4, 35, 37 and 39 — Community trade mark application No 9 548 884

Proprietor of the mark or sign cited in the opposition proceedings: Josep María Adell Argiles

Mark or sign cited in opposition: National word mark ‘ELECTROLINERA’ for goods in Classes 6, 9 and 12

Decision of the Opposition Division: Opposition rejected in part

Decision of the Board of Appeal: Appeal upheld in part, decision of the Opposition Division annulled in part and, therefore, more extensive refusal of the Community trade mark application

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Euro exchange rates
Date: 2013-06-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2013162EN.01000901.xml










7.6.2013   


EN


Official Journal of the European Union


C 162/9





Euro exchange rates (1)

6 June 2013
2013/C 162/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3118




JPY


Japanese yen


129,96




DKK


Danish krone


7,4548




GBP


Pound sterling


0,84910




SEK


Swedish krona


8,6072




CHF


Swiss franc


1,2357




ISK


Iceland króna


 




NOK


Norwegian krone


7,5810




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,778




HUF


Hungarian forint


297,37




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7022




PLN


Polish zloty


4,2759




RON


Romanian leu


4,4871




TRY


Turkish lira


2,4773




AUD


Australian dollar


1,3789




CAD


Canadian dollar


1,3529




HKD


Hong Kong dollar


10,1835




NZD


New Zealand dollar


1,6485




SGD


Singapore dollar


1,6375




KRW


South Korean won


1 465,25




ZAR


South African rand


13,0450




CNY


Chinese yuan renminbi


8,0493




HRK


Croatian kuna


7,5225




IDR


Indonesian rupiah


12 847,93




MYR


Malaysian ringgit


4,0478




PHP


Philippine peso


55,210




RUB


Russian rouble


42,1349




THB


Thai baht


40,212




BRL


Brazilian real


2,7849




MXN


Mexican peso


16,8147




INR


Indian rupee


74,5640






(1)  Source: reference exchange rate published by the ECB.