do-me/EUR-LEX huggingface dataset:
2013/345/EU: Council Decision of 1 July 2013 amending the Council's Rules of Procedure
Date: 2013-07-01
Institutions: Council of the European Union
Subjects: Council of the European Union, Croatia, accession to the European Union, demography, rules of procedure








L_2013183EN.01001101.xml










2.7.2013   


EN


Official Journal of the European Union


L 183/11








            COUNCIL DECISION
         
of 1 July 2013
         
amending the Council's Rules of Procedure
(2013/345/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof,

Whereas:







(1)


Article 3(3), first and fourth subparagraphs, of the Protocol (No 36) on transitional provisions annexed to the Treaties provide that, until 31 October 2014, when an act is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it must be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union.












(2)


That percentage is calculated according to the population figures set out in Article 1 of Annex III to the Council's Rules of Procedure (1) (hereinafter referred to as "Rules of Procedure").












(3)


On 14 January 2013, the Council adopted Decision 2013/37/EU (2) amending the Rules of Procedure so as to update the figures in Article 1 of Annex III to the Rules of Procedure with effect from 1 January 2013 as required by Article 2(2) of that Annex.












(4)


Following the accession of the Republic of Croatia to the Union, Annex III to the Rules of Procedure should be amended to take account of its population,





HAS ADOPTED THIS DECISION:



Article 1
The table in Article 1 of Annex III to the Rules of Procedure is hereby amended as follows:






(1)


the following new entry is inserted after the entry concerning Ireland:






"Croatia


4 398,2 ";














(2)


the entry entitled "Total" is replaced by the following entry:






"Total


508 077,9 ";














(3)


the entry entitled "Threshold (62 %)" is replaced by the following entry:






"Threshold (62 %)


315 008,3 ".










Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2013.




Done at Brussels, 1 July 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).

(2)  
            OJ L 16, 19.1.2013, p. 16.
Case C-374/13 P: Appeal brought on 1 July 2013 by Metropolis Inmobiliarias y Restauraciones, SL against the judgment of the General Court (Eighth Chamber) delivered on 25 April 2013 in Case T-284/11: Metropolis Inmobiliarias y Restauraciones, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2013-07-01
Institutions: Court of Justice
Subjects: EU trade mark, real estate business, registered trade mark, trade-mark law








C_2013252EN.01002301.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/23





Appeal brought on 1 July 2013 by Metropolis Inmobiliarias y Restauraciones, SL against the judgment of the General Court (Eighth Chamber) delivered on 25 April 2013 in Case T-284/11: Metropolis Inmobiliarias y Restauraciones, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-374/13 P)
2013/C 252/38
Language of the case: English

Parties


Appellant: Metropolis Inmobiliarias y Restauraciones, SL (represented by: J. Carbonell Callicó, abogado)

Otherparties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), MIP Metro Group Intellectual Property GmbH & Co. KG

Form of order sought

The appellant claims that the Court should:






—


Set aside the decision of the General Court of 25 April 2013 in case T-284/11, granting in consequence the registration of the Community Trademark Application no7 112 113‘METROINVEST’ to distinguish services in class 36.










—


Order the other parties to bear the costs of the procedure.





Pleas in law and main arguments

The Appellant raises a single plea alleging the:






—




Infringement of the Art. 8.1 b) of Regulation no 207/2009

 (1)





However this plea consists of four parts, which are the following:






—


Error on the part of the General Court and on the part of OHIM in assessing the comparison of the signs.










—


The General Court has not taken into account the applicable case law regarding the global assessment of the likelihood of confusion.










—


Lack of coherence with other Office resolutions in which the same parts, and related trademarks are involved.










—


Pacific coexistence between other trademarks, which include the word METRO in different classes, and also in class 36.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1