do-me/EUR-LEX huggingface dataset:
Case T-106/12: Judgment of the General Court of 3 July 2013 — Cytochroma Development v OHIM — Teva Pharmaceutical Industries (ALPHAREN) (Community trade mark — Opposition proceedings — Application for the Community word mark ALPHAREN — Earlier national word marks ALPHA D3 — Relative ground for refusal — Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal — Article 65(6) of Regulation (EC) No 207/2009 — Composition of the Boards of Appeal — Article 1(d) of Regulation (EC) No 216/96)
Date: 2013-07-03
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013233EN.01000701.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/7





Judgment of the General Court of 3 July 2013 — Cytochroma Development v OHIM — Teva Pharmaceutical Industries (ALPHAREN)
(Case T-106/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ALPHAREN - Earlier national word marks ALPHA D3 - Relative ground for refusal - Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal - Article 65(6) of Regulation (EC) No 207/2009 - Composition of the Boards of Appeal - Article 1(d) of Regulation (EC) No 216/96)
2013/C 233/11
Language of the case: English

Parties


Applicant: Cytochroma Development, Inc. (Saint Michael, Barbados) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)

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: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 December 2011 (Case R 1235/2011-1), relating to opposition proceedings between Teva Pharmaceutical Industries Ltd and Cytochroma Development, Inc.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 December 2011 (Case R 1235/2011-1);










2.


Orders OHIM to pay the costs.






(1)  OJ C 138, 12.5.2012.
P7_TA(2013)0311 Serious cross-border threats to health ***I European Parliament legislative resolution of 3 July 2013 on the proposal for a decision of the European Parliament and of the Council on serious cross-border threats to health (COM(2011)0866 — C7-0488/2011 — 2011/0421(COD)) P7_TC1-COD(2011)0421 Position of the European Parliament adopted at first reading on 3 July 2013 with a view to the adoption of Decision No …/2013/EU of the European Parliament and of the Council on serious cross-border threats to health and repealing Decision No 2119/98/EC
Date: 2013-07-03
Institutions: Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: cross-border cooperation, disease prevention, epidemiology, health control, health risk, infectious disease








C_2016075EN.01030002.xml










26.2.2016   


EN


Official Journal of the European Union


C 75/300





P7_TA(2013)0311
Serious cross-border threats to health ***I
European Parliament legislative resolution of 3 July 2013 on the proposal for a decision of the European Parliament and of the Council on serious cross-border threats to health (COM(2011)0866 — C7-0488/2011 — 2011/0421(COD))
(Ordinary legislative procedure: first reading)
(2016/C 075/44)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0866),










—


having regard to Article 294(2) and Article 168(4)(c) and 168(5) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0488/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),










—


after consulting the Committee of the Regions,










—


having regard to the undertaking given by the Council representative by letter of 28 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0337/2012),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 181, 21.6.2012, p. 160.


P7_TC1-COD(2011)0421
Position of the European Parliament adopted at first reading on 3 July 2013 with a view to the adoption of Decision No …/2013/EU of the European Parliament and of the Council on serious cross-border threats to health and repealing Decision No 2119/98/EC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 1082/2013/EU.)
Case T-243/12: Judgment of the General Court of 3 July 2013 — Warsteiner Brauerei Haus Cramer v OHIM (Community trade mark — Opposition proceedings — Application for the Community figurative mark ALOHA 100 % NATURAL — Earlier national word mark ALOA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-07-03
Institutions: General Court
Subjects: EU trade mark, beer, beverage industry, registered trade mark, trade-mark law








C_2013233EN.01000901.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/9





Judgment of the General Court of 3 July 2013 — Warsteiner Brauerei Haus Cramer v OHIM
(Case T-243/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark ALOHA 100 % NATURAL - Earlier national word mark ALOA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 233/15
Language of the case: German

Parties


Applicant: Warsteiner Brauerei Haus Cramer KG (formerly International Brands Germany GmbH & Co. KG) (Warstein, Germany) (represented by: B. Hein and M.-H. Hoffman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, then by A. Schifko, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Stuffer SpA (Bolzano, Italy) (represented by: F. Jacobacci, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 March 2012 (Case R 1058/2011-1), relating to opposition proceedings between Stuffer SpA and Warsteiner Brauerei Haus Cramer KG, formerly International Brands Germany GmbH & Co. KG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Warsteiner Brauerei Haus Cramer KG to pay the costs.






(1)  OJ C 217, 21.7.2012.
Case T-236/12: Judgment of the General Court of 3 July 2013 — Airbus v OHIM (NEO) (Community trade mark — Application for the Community word mark NEO — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Examination as to the merits conditional on the admissibility of the action — Articles 59 and 64(1) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation (EC) No 207/2009 — Examination of the facts by the Office of its own motion — Article 76 of Regulation (EC) No 207/2009)
Date: 2013-07-03
Institutions: General Court
Subjects: EU trade mark, aeronautical industry, registered trade mark, trade-mark law








C_2013233EN.01000802.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/8





Judgment of the General Court of 3 July 2013 — Airbus v OHIM (NEO)
(Case T-236/12) (1)

(Community trade mark - Application for the Community word mark NEO - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Extent of the examination to be carried out by the Board of Appeal - Examination as to the merits conditional on the admissibility of the action - Articles 59 and 64(1) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation (EC) No 207/2009 - Examination of the facts by the Office of its own motion - Article 76 of Regulation (EC) No 207/2009)
2013/C 233/14
Language of the case: English

Parties


Applicant: Airbus SAS (France) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 February 2012 (Case R 1387/2011-1), concerning an application for registration of the word sign NEO as a Community trade mark

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 February 2012 (Case R 1387/2011-1) as regards the services in Class 39 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 243, 11.8.2012.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,5 % on 1 July 2013 — Euro exchange rates
Date: 2013-07-03
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest








C_2013192EN.01000101.xml










3.7.2013   


EN


Official Journal of the European Union


C 192/1





Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,5 % on 1 July 2013
Euro exchange rates (2)

2 July 2013
2013/C 192/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3017




JPY


Japanese yen


130,08




DKK


Danish krone


7,4601




GBP


Pound sterling


0,85790




SEK


Swedish krona


8,7008




CHF


Swiss franc


1,2354




ISK


Iceland króna


 




NOK


Norwegian krone


7,9200




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,983




HUF


Hungarian forint


293,33




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7017




PLN


Polish zloty


4,3329




RON


Romanian leu


4,4430




TRY


Turkish lira


2,5062




AUD


Australian dollar


1,4222




CAD


Canadian dollar


1,3756




HKD


Hong Kong dollar


10,0923




NZD


New Zealand dollar


1,6769




SGD


Singapore dollar


1,6504




KRW


South Korean won


1 477,94




ZAR


South African rand


12,9389




CNY


Chinese yuan renminbi


7,9833




HRK


Croatian kuna


7,4490




IDR


Indonesian rupiah


12 931,59




MYR


Malaysian ringgit


4,1230




PHP


Philippine peso


56,329




RUB


Russian rouble


43,0511




THB


Thai baht


40,314




BRL


Brazilian real


2,9182




MXN


Mexican peso


16,9286




INR


Indian rupee


77,6270






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case C-377/13: Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 3 July 2013 — Ascendi Beiras Litoral e Alta, Auto Estradas das Beiras Litoral e Alta, S.A. v Autoridade Tributária e Aduaneira
Date: 2013-07-03
Institutions: Court of Justice
Subjects: EU law - national law, Portugal, capital increase, company with share capital, interpretation of the law, registration tax, tax exemption








C_2013274EN.01000801.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/8





Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 3 July 2013 — Ascendi Beiras Litoral e Alta, Auto Estradas das Beiras Litoral e Alta, S.A. v Autoridade Tributária e Aduaneira
(Case C-377/13)
2013/C 274/13
Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings


Applicant: Ascendi Beiras Litoral e Alta, Auto Estradas das Beiras Litoral e Alta, S.A.

Defendant: Autoridade Tributária e Aduaneira

Question referred

Do Article 4(1)(c) and (2)(a), Article 7(1) and Article 10(a) of Council Directive 69/335/EEC (1) of 17 July 1969 (as amended by Council Directive 85/303 EEC (2) of 10 June 1985) preclude national legislation, such as Decree-Law No 322-8/2001 of 14 December 2001, which subjected to stamp duty any increases in the capital of capital companies through the conversion into capital of the claims of shareholders in respect of ancillary services provided previously to the company, even if those ancillary services had been provided in cash, bearing in mind that, as at 1 July 1984, national legislation subjected those increases in capital, made in that way, to stamp duty at the rate of 2 %, and that, at the same date, it exempted from stamp duty capital increases made in cash?


(1)  Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital
OJ, English Special Edition 1969 (II), p. 412.

(2)  Council Directive 85/303/EEC of 10 June 1985 amending Directive 69/335/EEC concerning indirect taxes on the raising of capital

OJ 1985 L 156, p. 23.
2013/377/EU, Euratom: Decision of the European Parliament of 3 July 2013 electing the European Ombudsman
Date: 2013-07-03
Institutions: European Parliament
Subjects: European Ombudsman, appointment of members








L_2013193EN.01001701.xml










16.7.2013   


EN


Official Journal of the European Union


L 193/17








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 3 July 2013
         
electing the European Ombudsman
(2013/377/EU, Euratom)


THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (1),


Having regard to Rule 204 of its Rules of Procedure,


Having regard to the call for nominations (2),


Having regard to its vote of 3 July 2013,

HAS DECIDED:


to elect Emily O’REILLY to exercise the function of European Ombudsman from 1 October 2013 until the end of the parliamentary term.



Done at Strasbourg, 3 July 2013.


For the European Parliament


The President

M. SCHULZ
            





(1)  
            OJ L 113, 4.5.1994, p. 15.

(2)  
            OJ C 96, 4.4.2013, p. 24.
Action brought on 3 July 2013 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-13/13)
Date: 2013-07-03
Institutions: EFTA Court
Subjects: Norway, financial control, money laundering, national implementing measure, terrorism








C_2013294EN.01001001.xml










10.10.2013   


EN


Official Journal of the European Union


C 294/10





Action brought on 3 July 2013 by the EFTA Surveillance Authority against the Kingdom of Norway
(Case E-13/13)
2013/C 294/10
An action against the Kingdom of Norway was brought before the EFTA Court on 3 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Catherine Howdle, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to declare that:






1.


the Kingdom of Norway, by failing to implement correctly into its national legislation Article 37(1) of the Act referred to at point 23b of Annex IX to the Agreement on the European Economic Area (i.e. Directive 2005/60/EC on the prevention of the use of financial system for the purpose of money laundering and terrorist financing), as adapted to the EEA Agreement by Protocol 1 thereto, has failed to fulfil its obligations arising under that Act and under Article 7 of the EEA Agreement;










2.


the Kingdom of Norway bears the costs of these proceedings.




Legal and factual background and pleas in law adduced in support:






—


The application addresses the failure by the Kingdom of Norway to implement correctly the Act referred to at point 23b of Annex IX to the Agreement on the European Economic Area, as adapted to the EEA Agreement by Protocol 1 thereto.










—


The EFTA Surveillance Authority submits that Norwegian law has not ensured the effective monitoring of the activities of certain persons who fall within the ratione personae scope of the Directive. It also submits that Norway has taken no action to remedy the shortcomings in its national law.










—


The EFTA Surveillance Authority submits that the present situation in Norway amounts to a continuing breach of Norway’s obligations to implement into national law Directive 2005/60/EC, as incorporated into the Annexes to the EEA Agreement.
Case T-205/12: Judgment of the General Court of 3 July 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend against a blue background) (Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community figurative mark La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-07-03
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco industry, trade-mark law








C_2013233EN.01000702.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/7





Judgment of the General Court of 3 July 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend against a blue background)
(Case T-205/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LIBERTE american blend - Earlier Community figurative mark La LIBERTAD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 233/12
Language of the case: German

Parties


Applicant: GRE Grand River Enterprises Deutschland GmbH (Kloster Lehnin, Germany) (represented by: I. Memmler and S. Schulz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Villiger Söhne GmbH (Waldshut-Tiengen, Germany) (represented by: B. Pikolin and H. McKenzie, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 387/2011-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs.






(1)  OJ C 209, 14.7.2012.
Case T-209/11: Judgment of the General Court of of 3 July 2013 — MB System v Commission (State aid — Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking — Decision declaring the aid incompatible with the internal market — Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure — Advantage — Private investor test — Concept of firm in difficulty — Calculation of the aid element — Manifest error of assessment)
Date: 2013-07-03
Institutions: General Court
Subjects: Germany, State aid, aid to undertakings, company in difficulties, control of State aid, public sector








C_2013233EN.01000601.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/6





Judgment of the General Court of of 3 July 2013 — MB System v Commission
(Case T-209/11) (1)

(State aid - Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking - Decision declaring the aid incompatible with the internal market - Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure - Advantage - Private investor test - Concept of firm in difficulty - Calculation of the aid element - Manifest error of assessment)
2013/C 233/09
Language of the case: German

Parties


Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen and C. Geiert, lawyers)

Defendant: European Commission (represented by: F. Erlbacher and T. Maxian Rusche, Agents)

Re:

Application for annulment of Commission Decision 2011/471/EU of 14 December 2010 on State aid C 38/05 (ex NN 52/04) granted by Germany to the Biria group (OJ 2011 L 195, p. 55).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders MB System GmbH & Co. KG to pay the costs, including those relating to the interim proceedings.






(1)  OJ C 186, 25.6.2011.
Amendment adopted by the European Parliament on 3 July 2013 on the proposal for a decision of the European Parliament and of the Council amending Directive 2003/87/EC clarifying provisions on the timing of auctions of greenhouse gas allowances (COM(2012)0416 — C7-0203/2012 — 2012/0202(COD))
Date: 2013-07-03
Institutions: Committee on Industry, Research and Energy, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU Emissions Trading Scheme, EU emission allowance, auction sale, greenhouse gas, tradeable emission permit








C_2016075EN.01030001.xml










26.2.2016   


EN


Official Journal of the European Union


C 75/300





P7_TA(2013)0310
Timing of auctions of greenhouse gas allowances ***I
Amendment adopted by the European Parliament on 3 July 2013 on the proposal for a decision of the European Parliament and of the Council amending Directive 2003/87/EC clarifying provisions on the timing of auctions of greenhouse gas allowances (COM(2012)0416 — C7-0203/2012 — 2012/0202(COD)) (1)

(Ordinary legislative procedure: first reading)
(2016/C 075/43)

Amendment 21


Proposal for a decision


Article 1

Directive 2003/87/EC
Article 10 — paragraph 4 — subparagraph 1 — last sentence







Text proposed by the Commission




Amendment





The Commission 
shall
, 
where appropriate,
 adapt the timetable for 
each period
 so as to ensure an orderly functioning of the market.




Where an assessment shows for the individual industrial sectors that no significant impact on sectors or subsectors exposed to a significant risk of carbon leakage is to be expected,
 the Commission 
may, in exceptional circumstances
, adapt the timetable for 
the period referred to in Article 13(1) beginning on 1 January 2013
 so as to ensure an orderly functioning of the market. 
The Commission shall make no more than one such adaptation for a maximum number of 900 million allowances.








(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0046/2013).