do-me/EUR-LEX huggingface dataset:
2013/407/EU: Decision of the Representatives of the Governments of the Member States of 24 July 2013 appointing a Judge to the General Court
Date: 2013-07-24
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, judge








L_2013203EN.01001601.xml










30.7.2013   


EN


Official Journal of the European Union


L 203/16








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 24 July 2013
         
appointing a Judge to the General Court
(2013/407/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


Pursuant to the Treaty of Accession of Croatia, Ms Vesna TOMLJENOVIĆ has been appointed as Judge of the General Court for the period from 1 July to 31 August 2013.












(2)


It has been proposed that the term of office of Ms Vesna TOMLJENOVIĆ as Judge of the General Court be renewed.












(3)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Ms Vesna TOMLJENOVIĆ to perform the duties of Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Ms Vesna TOMLJENOVIĆ is hereby appointed Judge of the General Court for the period from 1 September 2013 to 31 August 2019.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 24 July 2013.


The President

R. KAROBLIS
Case T-381/13: Action brought on 24 July 2013 — Perfetti Van Melle v OHIM (DAISY)
Date: 2013-07-24
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sugar product, trade-mark law








C_2013274EN.01002001.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/20





Action brought on 24 July 2013 — Perfetti Van Melle v OHIM (DAISY)
(Case T-381/13)
2013/C 274/33
Language of the case: Italian

Parties


Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by P. Testa, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of 10 April 2013 in Case R 427/2012-1, in so far as it rejected the application for registration of the trade mark ‘DAISY’ for the following products: confectionery, pastry, sweets, caramels, wine gums, caramel, chewing-gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa.










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Community word mark ‘DAISY’, for goods in Class 30 — Community trade mark application No 10 267 037

Decision of the Examiner: Application rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







 


Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘DAISY’ is not descriptive;










 


Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘DAISY’ does not describe an essential characteristic of the product;










 


Infringement of Article 7(1)(b) of Regulation No 207/2009, since the term ‘DAISY’ has distinctive character with regard to confectionery products.
Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 August 2013 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))
Date: 2013-07-24
Institutions: European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2013210EN.01000601.xml










24.7.2013   


EN


Official Journal of the European Union


C 210/6





Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 August 2013
(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))
2013/C 210/05
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this Communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the Implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 187, 29.6.2013, p. 12.


































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.8.2013


…


0,56


0,56


1,30


0,56


0,88


0,56


0,85


0,56


0,56


0,56


0,56


0,56


2,49


4,62


0,56


0,56



1,25



0,56



0,91



0,56


0,56


3,18


0,56


5,20


1,60


0,56


0,56


0,99




1.7.2013


31.7.2013


0,56


0,56


1,30


0,56


0,88


0,56


0,85


0,56


0,56


0,56


0,56


0,56



2,49




4,62



0,56


0,56



1,08



0,56


1,10


0,56


0,56



3,18



0,56



5,20



1,60


0,56


0,56


0,99
Case C-420/13: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Netto Marken Discount AG & Co. KG v Deutsches Patent- und Markenamt
Date: 2013-07-24
Institutions: Court of Justice
Subjects: EU trade mark, Germany, consumer information, interpretation of the law, provision of services, registered trade mark, retail trade, trade-mark law








C_2013313EN.01000801.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/8





Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Netto Marken Discount AG & Co. KG v Deutsches Patent- und Markenamt
(Case C-420/13)
2013/C 313/14
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Applicant: Netto Marken Discount AG & Co. KG

Defendant: Deutsches Patent- und Markenamt

Questions referred







1.


Is Article 2 of the directive (1) to be interpreted as meaning that a service within the meaning of this provision also encompasses retail trading in services?










2.


If the answer to the first question is in the affirmative:
Is Article 2 of the directive to be interpreted as meaning that the content of the services offered by the retailer must be specified in exactly the same way as the goods that a retailer markets?






(a)


Does it suffice for the purposes of specification of the services if






(aa)


just the field of services in general or general indications,










(bb)


just the class(es) or










(cc)


each specific individual service




is stated?










(b)


Do these details then take part in determining the date of filing or is it possible, where general indications or classes are stated, to make substitutions or additions?














3.


If the answer to the first question is in the affirmative:
Is Article 2 of the directive to be interpreted as meaning that the scope of trade mark protection afforded to retail services extends even to services rendered by the retailer himself?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).
Euro exchange rates
Date: 2013-07-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2013210EN.01000101.xml










24.7.2013   


EN


Official Journal of the European Union


C 210/1





Euro exchange rates (1)

23 July 2013
2013/C 210/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3180




JPY


Japanese yen


131,91




DKK


Danish krone


7,4587




GBP


Pound sterling


0,85955




SEK


Swedish krona


8,5525




CHF


Swiss franc


1,2387




ISK


Iceland króna


 




NOK


Norwegian krone


7,8160




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,977




HUF


Hungarian forint


294,49




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7022




PLN


Polish zloty


4,2147




RON


Romanian leu


4,4158




TRY


Turkish lira


2,5195




AUD


Australian dollar


1,4268




CAD


Canadian dollar


1,3620




HKD


Hong Kong dollar


10,2245




NZD


New Zealand dollar


1,6528




SGD


Singapore dollar


1,6696




KRW


South Korean won


1 472,84




ZAR


South African rand


12,9495




CNY


Chinese yuan renminbi


8,0891




HRK


Croatian kuna


7,5048




IDR


Indonesian rupiah


13 475,30




MYR


Malaysian ringgit


4,1893




PHP


Philippine peso


56,915




RUB


Russian rouble


42,7002




THB


Thai baht


40,805




BRL


Brazilian real


2,9507




MXN


Mexican peso


16,5033




INR


Indian rupee


78,7180






(1)  Source: reference exchange rate published by the ECB.
2013/405/EU: Decision of the Representatives of the Governments of the Member States of 24 July 2013 appointing a Judge to the General Court
Date: 2013-07-24
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, judge








L_2013203EN.01001401.xml










30.7.2013   


EN


Official Journal of the European Union


L 203/14








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 24 July 2013
         
appointing a Judge to the General Court
(2013/405/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


The terms of office of 13 Judges of the General Court are due to expire on 31 August 2013. New appointments should therefore be made for the period from 1 September 2013 to 31 August 2019.












(2)


It has been proposed that the term of office of Mr Egidijus BIELIŪNAS as Judge of the General Court be renewed.












(3)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Egidijus BIELIŪNAS to perform the duties of Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Egidijus BIELIŪNAS is hereby appointed Judge of the General Court for the period from 1 September 2013 to 31 August 2019.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 24 July 2013.


The President

R. KAROBLIS
Case C-468/11: Order of the President of the Second Chamber of the Court of 24 July 2013 — European Commission v Kingdom of Spain
Date: 2013-07-24
Institutions: Court of Justice
Subjects: infringement of EU law, means of communication, provision of services, telecommunications








C_2013304EN.01000801.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/8





Order of the President of the Second Chamber of the Court of 24 July 2013 — European Commission v Kingdom of Spain
(Case C-468/11) (1)

2013/C 304/14
Language of the case: Spanish
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 340, 19.11.2011.
2013/406/EU: Decision of the Representatives of the Governments of the Member States of 24 July 2013 appointing a Judge to the General Court
Date: 2013-07-24
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, judge








L_2013203EN.01001501.xml










30.7.2013   


EN


Official Journal of the European Union


L 203/15








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 24 July 2013
         
appointing a Judge to the General Court
(2013/406/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


The terms of office of 13 Judges of the General Court are due to expire on 31 August 2013. New appointments should therefore be made for the period from 1 September 2013 to 31 August 2019.












(2)


It has been proposed that the term of office of Mr Miro PREK as Judge of the General Court be renewed.












(3)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr PREK to perform the duties of Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Miro PREK is hereby appointed Judge of the General Court for the period from 1 September 2013 to 31 August 2019.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 24 July 2013.


The President

R. KAROBLIS
Case C-421/13: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Apple, Inc. v Deutsches Patent- und Markenamt
Date: 2013-07-24
Institutions: Court of Justice
Subjects: EU trade mark, Germany, consumer information, interpretation of the law, registered trade mark, retail trade, trade-mark law








C_2013313EN.01000802.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/8





Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 24 July 2013 — Apple, Inc. v Deutsches Patent- und Markenamt
(Case C-421/13)
2013/C 313/15
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Applicant: Apple, Inc.

Defendant: Deutsches Patent- und Markenamt

Questions referred







1.


Is Article 2 of the Directive (1) to be interpreted as meaning that the possibility of protection for the ‘packaging of goods’ also extends to the layout in which a service is incorporated?










2.


Are Articles 2 and 3(1) of the Directive to be interpreted as meaning that a sign representing the layout in which the service is incorporated is capable of being registered as a trade mark?










3.


Is Article 2 of the Directive to be interpreted as meaning that the requirement of graphic representability is satisfied by a drawn representation alone or with such additions as a description of the layout or indications of absolute dimensions in metres or of relative dimensions with indications as to proportions?










4.


Is Article 2 of the Directive to be interpreted as meaning that the scale of the protection afforded by a trade mark for retail services also extends to the goods produced by the retailer itself?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).
Case C-419/13: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 24 July 2013 — Art & Allposters International BV; other party: Stichting Pictoright
Date: 2013-07-24
Institutions: Court of Justice
Subjects: European Economic Area, Netherlands, copyright, distributive trades, interpretation of the law








C_2013325EN.01001101.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/11





Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 24 July 2013 — Art & Allposters International BV; other party: Stichting Pictoright
(Case C-419/13)
2013/C 325/18
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: Art & Allposters International BV

Other party: Stichting Pictoright

Questions referred







1.


Does Article 4 of the Copyright Directive (1) govern the answer to the question whether the distribution right of the copyright holder may be exercised with regard to the reproduction of a copyright-protected work which has been sold and delivered within the European Economic Area by or with the consent of the rightholder in the case where that reproduction had subsequently undergone an alteration in respect of its form and is again brought into circulation in that form?










2.








(a)


If the answer to Question 1 is in the affirmative, does the fact that there has been an alteration as referred to in Question 1 have any bearing on the answer to the question whether exhaustion within the terms of Article 4(2) of the Copyright Directive is hindered or interrupted?










(b)


If the answer to Question 2(a) is in the affirmative, what criteria should then be applied in order to determine whether an alteration exists in respect of the form of the reproduction which hinders or interrupts exhaustion within the terms of Article 4(2) of the Copyright Directive?










(c)


Do those criteria leave room for the criterion developed in Netherlands national law to the effect that there is no longer any question of exhaustion on the sole ground that the reseller has given the reproductions a different form and has disseminated them among the public in that form (judgment of the Hoge Raad of 19 January 1979 in Poortvliet, NJ 1979/412)?










(1)  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2013-07-24
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, plastics








C_2013210EN.01000201.xml










24.7.2013   


EN


Official Journal of the European Union


C 210/2





Explanatory Notes to the Combined Nomenclature of the European Union
2013/C 210/02
Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

Page 175

In subheading ‘3907 60 20 Having a viscosity number of 78 ml/g or higher’, the last phrase is replaced by the following:

‘The viscosity number is calculated in accordance with ISO Standard 1628-5, using dichloroacetic acid as solvent.’



(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 137, 6.5.2011, p. 1.
Case C-425/13: Action brought on 24 July 2013 — European Commission v Council of the European Union
Date: 2013-07-24
Institutions: Court of Justice
Subjects: Australia, EU Emissions Trading Scheme, infringement of EU law, institutional balance (EU)








C_2013274EN.01001701.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/17





Action brought on 24 July 2013 — European Commission v Council of the European Union
(Case C-425/13)
2013/C 274/29
Language of the case: English

Parties


Applicant: European Commission (represented by: G. Valero Jordana, F. Castillo de la Torre, Agents)

Defendant: Council of the European Union

The applicant claims that the Court should:







—


annul Article 2, second sentence, and Section A of the Addendum/Annex to the Council Decision authorising the opening of negotiations on linking the EU emissions trading scheme with an emissions trading system in Australia, or, in the alternative,










—


annul the Council Decision and to maintain the effects of the contested decision in case it is totally annulled, and










—


order the Council of the European Union to pay the costs.





Pleas in law and main arguments

First plea: breach of Articles 13(2) TEU, 218(2) to (4) TFEU and 295 TFEU and the principle of institutional balance. The Commission submits that the Council infringed Article 218 TFEU by imposing unilaterally upon the Commission a detailed procedure that creates ex novo powers for the Council and obligations upon the Commission that are not based in that provision. The Council has also infringed Article 13(2) TEU, in conjunction with Article 218(4) TFEU, and the principle of institutional balance, because the Council has expanded its powers conferred on it by the Treaties to the detriment of the Commission and the European Parliament
Second plea: breach of Articles 13(2) TEU and 218 TFEU, and the principle of institutional balance, since the contested Decision provides that the detailed negotiating positions of the Union shall be established by the Special Committee or the Council. Article 218(4) TFEU gives only a consultative role to the Special Committee.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2013-07-24
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, tobacco, tobacco industry








C_2013210EN.01000301.xml










24.7.2013   


EN


Official Journal of the European Union


C 210/3





Explanatory Notes to the Combined Nomenclature of the European Union
2013/C 210/03
Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:
On page 101, after subheading ‘2402 10 00 Cigars, cheroots and cigarillos, containing tobacco’ the current text is replaced by the following:
‘Cigars, cheroots and cigarillos are rolls of tobacco, which can be smoked and, given their properties, are exclusively intended to be smoked as they are, having:






(a)


an outer wrapper of natural tobacco covering the product in full including, where appropriate, the filter (but without any further layer partially covering the outer wrapper), but not, in the case of tipped cigars, the tip; or










(b)


a threshed blend filler and an outer wrapper of the normal colour of a cigar, of reconstituted tobacco of subheading 2403 91 00, covering the product in full, including, where appropriate, the filter but not, in the case of tipped cigars, the tip, where the unit weight, not including filter or mouthpiece, is not less than 2,3 g and not more than 10 g, and the circumference over at least one third of the length is not less than 34 mm.




Providing that they meet the above criteria, products with a wrapper of reconstituted tobacco, which may consist partly of substances other than tobacco, are classified in this subheading.’


(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 137, 6.5.2011, p. 1.