do-me/EUR-LEX huggingface dataset:
Case T-387/13: Action brought on 26 July 2013 — Federación Nacional de Cafeteros de Colombia v OHIM — Hautrive (COLOMBIANO HOUSE)
Date: 2013-07-26
Institutions: General Court
Subjects: EU trade mark, coffee, registered trade mark, trade-mark law








C_2013274EN.01002101.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/21





Action brought on 26 July 2013 — Federación Nacional de Cafeteros de Colombia v OHIM — Hautrive (COLOMBIANO HOUSE)
(Case T-387/13)
2013/C 274/35
Language in which the application was lodged: Spanish

Parties


Applicant: Federación Nacional de Cafeteros de Colombia (Bogotá, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nadine Helene Jeanne Hautrive (Chatou, France)

Form of order sought

The applicant claims that the General Court should:






—


vary the Decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 in Case R 757/2012-5, on the basis that, in the present case, the conditions for applying the relative ground for refusal of registration under Article 8(4) of Regulation No 207/2009 are met;










—


or, failing which, annul the contested decision;










—


and, in any event, order OHIM to pay its own costs and those of the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: Nadine Helene Jeanne Hautrive

Community trade mark concerned: Figurative mark with word elements ‘COLOMBIANO HOUSE’ for goods and services in Classes 16, 25 and 43 — Community trade mark application No 9 225 798

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Protected Geographical Indication with word elements ‘Café de Colombia’

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Infringement of Article 14 of Regulation No 510/2006










—


Infringement of Article 8(4) of Regulation No 207/2009, in conjunction with Article 13 of Regulation No 510/2006










—


Breach of a procedural requirement through failure to state reasons
Non-opposition to a notified concentration (Case COMP/M.6827 — Honeywell/Intermec)  Text with EEA relevance
Date: 2013-07-26
Institutions: European Commission
Subjects: automation, computer equipment, data collection, economic concentration, merger control








C_2013212EN.01000201.xml










26.7.2013   


EN


Official Journal of the European Union


C 212/2





Non-opposition to a notified concentration
(Case COMP/M.6827 — Honeywell/Intermec)
(Text with EEA relevance)
2013/C 212/03
On 13 June 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 32013M6827. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2013-07-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2013212EN.01000601.xml










26.7.2013   


EN


Official Journal of the European Union


C 212/6





Euro exchange rates (1)

25 July 2013
2013/C 212/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3202




JPY


Japanese yen


131,81




DKK


Danish krone


7,4568




GBP


Pound sterling


0,86370




SEK


Swedish krona


8,6085




CHF


Swiss franc


1,2365




ISK


Iceland króna


 




NOK


Norwegian krone


7,8255




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,959




HUF


Hungarian forint


296,78




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7025




PLN


Polish zloty


4,2433




RON


Romanian leu


4,3885




TRY


Turkish lira


2,5424




AUD


Australian dollar


1,4388




CAD


Canadian dollar


1,3593




HKD


Hong Kong dollar


10,2416




NZD


New Zealand dollar


1,6423




SGD


Singapore dollar


1,6740




KRW


South Korean won


1 474,04




ZAR


South African rand


12,9619




CNY


Chinese yuan renminbi


8,0992




HRK


Croatian kuna


7,4955




IDR


Indonesian rupiah


13 562,29




MYR


Malaysian ringgit


4,2227




PHP


Philippine peso


57,245




RUB


Russian rouble


43,0100




THB


Thai baht


41,085




BRL


Brazilian real


2,9711




MXN


Mexican peso


16,7041




INR


Indian rupee


78,0350






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6884 — Access/PLG)  Text with EEA relevance
Date: 2013-07-26
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control, natural resources, real property, telecommunications








C_2013212EN.01000102.xml










26.7.2013   


EN


Official Journal of the European Union


C 212/1





Non-opposition to a notified concentration
(Case COMP/M.6884 — Access/PLG)
(Text with EEA relevance)
2013/C 212/02
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 32013M6884. EUR-Lex is the on-line access to the European law.
Notice concerning the provisional application between the European Union and Colombia, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
Date: 2013-07-26
Institutions: Council of the European Union
Subjects: Colombia, Peru, liberalisation of the market, liberalisation of trade, trade promotion








L_2013201EN.01000701.xml










26.7.2013   


EN


Official Journal of the European Union


L 201/7







Notice concerning the provisional application between the European Union and Colombia, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part

The Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, signed in Brussels on 26 June 2012, shall, pursuant to its Article 330(3), be provisionally applied between the European Union and Colombia as from 1 August 2013. By virtue of Article 3(1) of the Council Decision of 31 May 2012 on the signing and provisional application of the Agreement, the EU does not apply provisionally Articles 2, 202(1), 291 and 292 of the Agreement, pending the completion of the procedures for its conclusion.
Case F-60/13: Action brought on 26 July 2013 — ZZ v Commission
Date: 2013-07-26
Institutions: Civil Service Tribunal
Subjects: paid leave, sick leave








C_2013274EN.01002902.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/29





Action brought on 26 July 2013 — ZZ v Commission
(Case F-60/13)
2013/C 274/46
Language of the case: French

Parties


Applicant: ZZ (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the implied decision to reject the request, made by the applicant on the basis of Article 90(1) of the Staff Regulations, for adjustment of the entries in respect of the applicant’s absences on account of sickness in the SysPer2 application.

Form of order sought







—


Annul the implied decision to reject Request No D/299/12, made by the applicant on 13 April 2012 concerning the adjustment of the entries in respect of the applicant’s absences on account of sickness in SysPer2, to take into account working days only, from 13 April 2009 to the date of the applicant’s request;










—


annul the express decision to reject Request No D/299/12, made by the applicant on 13 April 2012 concerning the five days deducted from the applicant’s leave entitlements for 2012;










—


order the Commission to pay the costs.
Case C-429/13 P: Appeal brought on 26 July 2013 by the Kingdom of Spain against the judgment of the General Court (First Chamber) delivered on 29 May 2013 in Case T-384/10 Kingdom of Spain v European Commission
Date: 2013-07-26
Institutions: Court of Justice
Subjects: Andalusia, Cohesion Fund, EU aid, award of contract, case-law (EU), provision of services, water supply, water treatment, works contract








C_2013260EN.01004001.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/40





Appeal brought on 26 July 2013 by the Kingdom of Spain against the judgment of the General Court (First Chamber) delivered on 29 May 2013 in Case T-384/10 Kingdom of Spain v European Commission
(Case C-429/13 P)
2013/C 260/71
Language of the case: Spanish

Parties


Appellant: Kingdom of Spain (represented by: A. Rubio González, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court of Justice should:






—


in any event, uphold the appeal and set aside in part the judgment of the General Court of 29 May 2013 in Case T-384/10 Kingdom of Spain v European Commission;










—


annul in part, as set out, Commission Decision C(2010) 4147 of 30 June 2010, reducing the assistance granted from the Cohesion Fund to the following (groups of) projects: ‘Water supply to settlements in the Guadiana basin: Andévalo area’ (2000.ES.16.C.PE.133), ‘Drainage and water treatment in the Guadalquivir basin: Guadaira, Aljarafe and the areas of natural protection of the Guadalquivir’ (2000.16.C.PE.066) and ‘Water supply to multi-municipal systems in the provinces of Granada and Málaga’ (2002.ES.16.C.PE.061); and










—


in any event, order the European Commission to pay the costs.





Grounds of appeal and main arguments

The appellant alleges that the General Court committed an error of law in considering that any network constitutes a ‘work’ within the meaning of Article 1(c) of Council Directive 93/37/EEC (1) of 14 June 1993 concerning the coordination of procedures for the award of public works contracts.
The appellant further submits that the judgment under appeal departs from the case-law (Case C-16/98 Commission v France [2000] ECR I-8315) in failing to take account of the need for geographical continuity of the works taken as a whole and of the interdependence between them, namely, the interconnectivity required for the provision of services.


(1)  OJ 1993 L 199, p. 54
Case C-428/13: Request for a preliminary ruling from the Consiglio di Stato/Italy lodged on 26 July 2013 — Ministero dell’Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS) v Yesmoke Tobacco SpA
Date: 2013-07-26
Institutions: Court of Justice
Subjects: EU law - national law, Italy, excise duty, interpretation of the law, selling price, tobacco








C_2013313EN.01000901.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/9





Request for a preliminary ruling from the Consiglio di Stato/Italy lodged on 26 July 2013 — Ministero dell’Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS) v Yesmoke Tobacco SpA
(Case C-428/13)
2013/C 313/16
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Ministero dell’Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS)

Defendant: Yesmoke Tobacco SpA

Question referred

Do Article 8(2) of Directive 95/59/EC (1) of 27 December 1995 and Article 7(2) of Directive 2011/64/EU (2) of 21 June 2011, by providing, respectively, that the proportional rate and ad valorem rate, and the amount of the specific excise duty, ‘must be the same for all cigarettes’, preclude a provision of national law such as Article 39g(4) of Legislative Decree No 504 of 26 October 1995 (as amended by Article 55(2a)[(c)] of Decree-Law No 78 of 31 May 2010, converted, with amendments, in Law No 122 of 30 July 2010), which provides that the excise duty payable on cigarettes with a retail selling price less than that of cigarettes in the most popular price category is to be 115 % of the basic amount, thereby establishing an excise duty at a fixed minimum rate specific to cigarettes with a lower selling price and not a minimum amount of excise duty for all price categories of cigarettes, as permitted by Article 16(7) of Directive 95/59/EC and Article 14(2) of Directive 2011/64/EU?


(1)  Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (OJ 1995 L 291, p. 40).

(2)  Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ 2011 L 176, p. 24).
Non-opposition to a notified concentration (Case COMP/M.6756 — Norsk Hydro/Orkla/JV)  Text with EEA relevance
Date: 2013-07-26
Institutions: European Commission
Subjects: Norway, aluminium, consumer goods, economic concentration, international trade, merger control, trade mark








C_2013212EN.01000101.xml










26.7.2013   


EN


Official Journal of the European Union


C 212/1





Non-opposition to a notified concentration
(Case COMP/M.6756 — Norsk Hydro/Orkla/JV)
(Text with EEA relevance)
2013/C 212/01
On 13 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 32013M6756. EUR-Lex is the on-line access to the European law.
Case T-384/13: Action brought on 26 July 2013 — Intermark/OHIM — Coca-Cola (RIENERGY Cola)
Date: 2013-07-26
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2013260EN.01005002.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/50





Action brought on 26 July 2013 — Intermark/OHIM — Coca-Cola (RIENERGY Cola)
(Case T-384/13)
2013/C 260/90
Language in which the application was lodged: English

Parties


Applicant: Intermark Srl (Stei, Romania) (represented by: Á. László, lawyer)

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

Other party to the proceedings before the Board of Appeal: The Coca-Cola Company (Atlanta, United States)

Form of order sought

The applicant claims that the Court should:






—


Uphold the application, alter the contested decision of the defendant, order the dismissal of the opposition and order the registration of the applicant’s sign as a trade mark in its entirety;










—


In case the Court considers that it is inevitable to conduct another thorough analyses of the facts and evidence of the case, annul the contested decision of the defendant and remit the case to OHIM for further examination and new decision;










—


Order the defendant to pay the costs of the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘Cola’ for goods and services in classes 32 and 35 — Community trade mark application No 9 507 963

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 registrations No 8 792 475, No 2 107 118 and No 8 709 818 of the figurative mark ‘Coca-Cola’ for goods and services in classes 30, 32, 33 and 35

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.