do-me/EUR-LEX huggingface dataset:
Case C-436/13: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 2 August 2013 — E. v B.
Date: 2013-08-02
Institutions: Court of Justice
Subjects: United Kingdom, interpretation of the law, jurisdiction, parental responsibility








C_2013298EN.01000501.xml










12.10.2013   


EN


Official Journal of the European Union


C 298/5





Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 2 August 2013 — E. v B.
(Case C-436/13)
2013/C 298/07
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicant: E.

Defendant: B.

Questions referred







1.


Where there has been a prorogation of the jurisdiction of a court of a Member State in relation to matters of parental responsibility pursuant to Article 12(3) of the Council Regulation (1), does that prorogation of jurisdiction only continue until there has been a final judgment in those proceedings or does it continue even after the making of a final judgment?










2.


Does Article 15 of the Council Regulation allow the courts of a Member State to transfer a jurisdiction in circumstances where there are no current proceedings concerning the child?






(1)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. OJ L 338, p. 1
Case C-438/13: Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 2 August 2013 — SC BCR Leasing IFN SA v Agenția Națională de Administrare Fiscală — Direcția generală de administrare a marilor contribuabili, Agenția Națională de Administrare Fiscală — Direcția generală de soluționare a contestațiilor
Date: 2013-08-02
Institutions: Court of Justice
Subjects: Romania, delivery, hire purchase, interpretation of the law, termination of a contract








C_2013325EN.01001302.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/13





Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 2 August 2013 — SC BCR Leasing IFN SA v Agenția Națională de Administrare Fiscală — Direcția generală de administrare a marilor contribuabili, Agenția Națională de Administrare Fiscală — Direcția generală de soluționare a contestațiilor
(Case C-438/13)
2013/C 325/22
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Applicant: SC BCR Leasing IFN SA

Defendants: Agenția Națională de Administrare Fiscală — Direcția generală de administrare a marilor contribuabili, Agenția Națională de Administrare Fiscală — Direcția generală de soluționare a contestațiilor

Question referred

May a situation involving goods under a financial leasing contract which, following termination of the contract as a result of the user’s breach, have not been recovered from the user by the leasing company, even though that company has instituted and followed the statutory procedures for recovery and, after termination, has not received any further amount for the use of the goods, be considered a supply of goods for consideration within the meaning of Article 16 of Directive 2006/[112]/EC (1) or, possibly, a supply of goods for consideration within the meaning of Article 18 of Directive 2006/[112]/EC?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case T-398/13: Action brought on 2 August 2013 — TVR Automotive v OHIM — TVR Italia (TVR)
Date: 2013-08-02
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2013274EN.01002401.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/24





Action brought on 2 August 2013 — TVR Automotive v OHIM — TVR Italia (TVR)
(Case T-398/13)
2013/C 274/40
Language of the case: German

Parties


Applicant: TVR Automotive Ltd (Whiteley, United Kingdom) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal: TVR Italia Srl (Milan, Italy)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 May 2013 in Case R 823/2011-2;










—


Dismiss the appeal of 14 April 2013 by TVR Italia Srl against the decision of the Opposition Division of OHIM of 14 February 2011, B 313 248;










—


Order the defendant OHIM and TVR Italia Srl, if it joins the proceedings, to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: TVR Italia Srl

Community trade mark concerned: Figurative mark, containing the word elements ‘TVR ITALIA’, for goods and services in Classes 12, 25 and 37 — Community trade mark registration No 5 699 954

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

Mark or sign cited in opposition: National and Community word marks ‘TVR’ for goods and services in Classes 9, 11, 12, 25 and 41.

Decision of the Opposition Division: Opposition partially upheld

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition

Pleas in law:







—


Infringement of Article 42(2) and (3) of Regulation No 207/2009;










—


Infringement of the principle res iudicata or ne bis in idem and of Article 42(2) of Regulation No 207/2009, in conjunction with Article 15 of Regulation No 207/2009
Notice concerning the entry into force of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol)
Date: 2013-08-02
Institutions: Council of the European Union
Subjects: Alpine Region, common transport policy, environmental protection, protocol to an agreement








L_2013206EN.01000101.xml










2.8.2013   


EN


Official Journal of the European Union


L 206/1







Notice concerning the entry into force of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol)

The above Protocol (1), concluded on behalf of the European Union on 10 June 2013
          (2), shall enter into force on 25 September 2013, in accordance with Article 24(3) of the Protocol.


(1)  The Protocol has been published in OJ L 323, 8.12.2007, p. 15 together with the decision on signature.

(2)  
            OJ L 177, 28.6.2013, p. 13.
Corrigendum to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC ( OJ L 176, 27.6.2013 )
Date: 2013-08-02
Institutions: Council of the European Union, European Parliament
Subjects: administrative supervision, credit institution, financial services, freedom to provide services, investment company, market supervision, right of establishment








L_2013208EN.01007301.xml










2.8.2013   


EN


Official Journal of the European Union


L 208/73







Corrigendum to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC
(
Official Journal of the European Union L 176 of 27 June 2013
)

On page 423, the second subparagraph of Article 162(1):
for:

‘Member States shall apply those provisions from 31 December 2013.’,

read:

‘Member States shall apply those provisions from 1 January 2014.’;

on page 423, Article 162(3):
for:

               ‘…for services provided or performance from the year 2014 onwards, whether due on the basis of contracts concluded before or after 31 December 2013.’,
read:

               ‘…for services provided or performance from the year 2014 onwards, whether due on the basis of contracts concluded before or after 1 January 2014.’;
on page 424, Article 162(6):
for:

‘By way of derogation from paragraph 2 of this Article, Article 133 shall apply from 31 December 2013.’,

read:

‘By way of derogation from paragraph 2 of this Article, Article 133 shall apply from 1 January 2014.’.
Case T-399/13: Action brought on 2 August 2013 — KO-Invest v OHIM — Kraft Foods Schweiz (Milkoshake For Active People)
Date: 2013-08-02
Institutions: General Court
Subjects: EU trade mark, foodstuff, miscellaneous industries, registered trade mark, trade-mark law








C_2013284EN.01000402.xml










28.9.2013   


EN


Official Journal of the European Union


C 284/4





Action brought on 2 August 2013 — KO-Invest v OHIM — Kraft Foods Schweiz (Milkoshake For Active People)
(Case T-399/13)
2013/C 284/05
Language in which the application was lodged: Polish

Parties


Applicant: KO-Invest Sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 May 2013 (Case R 720/2012-4) in so far as it refuses registration of ‘Milkoshake For Active People’ as a Community trade mark for goods in Classes 5, 29, 30 and 32;










—


amend the contested decision by registering the mark for all of the goods applied for;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark containing the word element ‘Milkoshake For Active People’ for goods in Classes 5, 29, 30 and 32

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 marks No 31 369 and No 31 344, international registration (IR) No 163 135 and the well-known trade mark ‘MILKA’ for goods in Classes 5, 29, 30 and 32

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

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



(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78 of 24.3.2009, p. 1).
Information communicated by Member States regarding closure of fisheries
Date: 2013-08-02
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013222EN.01002601.xml










2.8.2013   


EN


Official Journal of the European Union


C 222/26





Information communicated by Member States regarding closure of fisheries
2013/C 222/08
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


26.6.2013




Duration


26.6.2013-31.12.2013




Member State


Portugal




Stock or group of stocks


LEZ/8C3411




Species


Megrims (Lepidorhombus spp.)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


15/TQ39






(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case COMP/M.6692 — Circulo/Telefónica/JV)  Text with EEA relevance
Date: 2013-08-02
Institutions: European Commission
Subjects: Spain, book trade, economic concentration, information technology, means of communication, merger control, telecommunications industry








C_2013222EN.01000401.xml










2.8.2013   


EN


Official Journal of the European Union


C 222/4





Non-opposition to a notified concentration
(Case COMP/M.6692 — Circulo/Telefónica/JV)
(Text with EEA relevance)
2013/C 222/02
On 26 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 32013M6692. EUR-Lex is the on-line access to the European law.
Case C-440/13: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 2 August 2013 — Croce Amica One Italia Srl v Azienda Regionale Emergenza Urgenza (AREU)
Date: 2013-08-02
Institutions: Court of Justice
Subjects: award of contract, criminal procedure, invitation to tender, jurisdiction








C_2013344EN.01003901.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/39





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 2 August 2013 — Croce Amica One Italia Srl v Azienda Regionale Emergenza Urgenza (AREU)
(Case C-440/13)
2013/C 344/68
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings


Applicant: Croce Amica One Italia Srl

Defendant: Azienda Regionale Emergenza Urgenza (AREU)

Questions referred







1.


Is it consistent with Community law for it to be permissible for a contracting authority, in the exercise of its power to withdraw a decision in relation to a public procurement procedure pursuant to Article 21d of Law No 241/1990, to decide not to proceed with the final award of the contract merely because criminal investigations are pending vis-à-vis the legal representative of the company to which the provisional award was made?










2.


Is it consistent with Community law for there to be a derogation from the principle of the finality of findings of criminal liability, as expressed in Article 45 of Directive 2004/18/EC, (1) on grounds of administrative expediency, relating to an area of administrative autonomy?










3.


Is it consistent with Community law for there to be a derogation from the principle of the finality of findings of criminal liability, as expressed in Article 45 of Directive 2004/18/EC, where pending criminal investigations concern offences relating to the tendering procedure covered by the administrative decision adopted by way of self-protection?










4.


Is it consistent with Community law for the decisions adopted by a contracting authority in matters of public procurement to be open to unlimited review by a national administrative court, in exercise of the jurisdiction conferred in matters relating to public procurement, covering the reliability and the suitability of the tender, and thus going above and beyond the limited cases of clear absurdity, irrationality, failure to state adequate reasons or error as to the facts?’






(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).
Case T-394/13: Action brought on 2 August 2013 — Photo USA Electronic Graphic v Council
Date: 2013-08-02
Institutions: General Court
Subjects: China, anti-dumping duty, ceramics, household article, import (EU), originating product








C_2013274EN.01002201.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/22





Action brought on 2 August 2013 — Photo USA Electronic Graphic v Council
(Case T-394/13)
2013/C 274/37
Language of the case: English

Parties


Applicant: Photo USA Electronic Graphic, Inc. (Beijing, China) (represented by: K. Adamantopoulos, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






 


Annul Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (OJ 2013 L 131, p. 1), insofar as it imposes an anti-dumping duty on the applicant, and










 


Order the defendant to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.
First plea in law, alleging that the Commission and the Council (hereafter, ‘institutions’) made a manifest error of assessment by including plain polyester coated ceramic mugs in the scope of the product under investigation.
Second plea in law, alleging that, by grouping coated ceramic mugs with other types of stoneware tableware and kitchenware, the institutions failed to make a fair comparison in violation of Article 2(10) of Council Regulation (EC) No. 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51) (hereafter, ‘basic Regulation’).
Third plea in law, alleging that the institutions infringed Article 3(7) of the basic Regulation by failing to properly analyze the effects on the situation of the Union industry of the anti-competitive practices investigated by the Bundeskartellamt (German Competition Authority). In this respect, the applicant submits that the institutions made a manifest error of assessment by concluding that anti-competitive practices did not have an effect on micro- and macro-economic indicators.
Fourth plea in law, alleging that the institutions infringed Article 3(2) of the basic Regulation by failing to make an objective examination of the situation of the Union industry. In this respect, the applicant submits that the institutions made a manifest error of assessment by concluding that anti-competitive practices did not have an effect on micro- and macro-economic indicators
Non-opposition to a notified concentration (Case COMP/M.6912 — Michael S. Dell/Dell)  Text with EEA relevance
Date: 2013-08-02
Institutions: European Commission
Subjects: computer equipment, economic concentration, information technology industry, investment company, merger control, stock-exchange listing








C_2013222EN.01000402.xml










2.8.2013   


EN


Official Journal of the European Union


C 222/4





Non-opposition to a notified concentration
(Case COMP/M.6912 — Michael S. Dell/Dell)
(Text with EEA relevance)
2013/C 222/03
On 20 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 32013M6912. EUR-Lex is the on-line access to the European law.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,50 % on 1 August 2013 — Euro exchange rates
Date: 2013-08-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest








C_2013222EN.01000701.xml










2.8.2013   


EN


Official Journal of the European Union


C 222/7





Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,50 % on 1 August 2013
Euro exchange rates (2)

1 August 2013
2013/C 222/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3236




JPY


Japanese yen


130,69




DKK


Danish krone


7,4551




GBP


Pound sterling


0,86920




SEK


Swedish krona


8,6914




CHF


Swiss franc


1,2317




ISK


Iceland króna


 




NOK


Norwegian krone


7,8345




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,955




HUF


Hungarian forint


298,83




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7029




PLN


Polish zloty


4,2346




RON


Romanian leu


4,4230




TRY


Turkish lira


2,5635




AUD


Australian dollar


1,4733




CAD


Canadian dollar


1,3630




HKD


Hong Kong dollar


10,2656




NZD


New Zealand dollar


1,6662




SGD


Singapore dollar


1,6836




KRW


South Korean won


1 486,41




ZAR


South African rand


13,0772




CNY


Chinese yuan renminbi


8,1142




HRK


Croatian kuna


7,5190




IDR


Indonesian rupiah


13 606,09




MYR


Malaysian ringgit


4,2918




PHP


Philippine peso


57,740




RUB


Russian rouble


43,7150




THB


Thai baht


41,402




BRL


Brazilian real


3,0087




MXN


Mexican peso


16,8653




INR


Indian rupee


80,0030






(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.