do-me/EUR-LEX huggingface dataset:
Case C-448/13 P: Appeal brought on 7 August 2013 by Delphi Technologies, Inc. against the judgment of the General Court (Sixth Chamber) delivered on 6 June 2013 in Case T-515/11: Delphi Technologies, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2013-08-07
Institutions: Court of Justice
Subjects: EU trade mark, electronics industry, equal treatment, infringement of EU law, registered trade mark, technology, trade-mark law








C_2013313EN.01001002.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/10





Appeal brought on 7 August 2013 by Delphi Technologies, Inc. against the judgment of the General Court (Sixth Chamber) delivered on 6 June 2013 in Case T-515/11: Delphi Technologies, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case C-448/13 P)
2013/C 313/19
Language of the case: English

Parties


Appellant: Delphi Technologies, Inc. (represented by: C. Albrecht, J. Heumann, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought

The appellant claims that the Court should:






—


set aside the decision T-515/11 of the General Court dated 6 June 2013, annul the contested decision as far as it rejected the appeal brought by the appellant against the examiner’s decision of 25 August 2010 and order that the OHIM shall pay the costs.





Pleas in law and main arguments

The Appeal is directed against the decision T-515/11 of the Sixth Chamber of the General Court of the European Union dismissing an action for annulment against a decision of the Second Board of Appeal confirming the rejection of the CTM application ‘INNOVATION FOR THE REAL WORLD’.
The appeal is based on three pleas:






1.


The General Court violated Article 7 (1) (b) CTMR (1) by not determining the relevant public and their degree of awareness properly. The goods are exclusively directed at professionals who have a high degree of awareness with respect to promotional slogans.










2.


The General Court further violated Article 7 (1) (b) CTMR by applying too strict a test in assessing whether the mark applied for had a distinctive character. In particular, the General Court misunderstood the guidelines laid down in the more recent case law, and, in particular, in Case C-398/08 P, Audi v OHIM.










3.


Thirdly the General Court violated the general principles of equal treatment and sound administration, which are basic principles for the proper administration of the EU. The fact that the OHIM registered slogans with an identical structure containing the word ‘INNOVATION’ in the past should be taken into account, even though the previous decisions are not binding.




The applicant submits that the contested decision should, therefore, be set aside and that the inherent distinctiveness of the slogan ‘INNOVATION FOR THE REAL WORLD’ should be affirmed.


(1)  Council Regulation (EC) No 207/2009 of 27 February 2009 on the Community trade mark
OJ L 78, p. 1
Euro exchange rates
Date: 2013-08-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2013228EN.01002701.xml










7.8.2013   


EN


Official Journal of the European Union


C 228/27





Euro exchange rates (1)

6 August 2013
2013/C 228/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3280




JPY


Japanese yen


130,27




DKK


Danish krone


7,4567




GBP


Pound sterling


0,86575




SEK


Swedish krona


8,7112




CHF


Swiss franc


1,2313




ISK


Iceland króna


 




NOK


Norwegian krone


7,8610




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,920




HUF


Hungarian forint


299,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,2144




RON


Romanian leu


4,4053




TRY


Turkish lira


2,5620




AUD


Australian dollar


1,4817




CAD


Canadian dollar


1,3778




HKD


Hong Kong dollar


10,3002




NZD


New Zealand dollar


1,6890




SGD


Singapore dollar


1,6842




KRW


South Korean won


1 480,31




ZAR


South African rand


13,1232




CNY


Chinese yuan renminbi


8,1295




HRK


Croatian kuna


7,5138




IDR


Indonesian rupiah


13 656,94




MYR


Malaysian ringgit


4,3116




PHP


Philippine peso


57,804




RUB


Russian rouble


43,6945




THB


Thai baht


41,699




BRL


Brazilian real


3,0550




MXN


Mexican peso


16,8058




INR


Indian rupee


80,7540






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6986 — Bain Capital/Maisons du Monde)  Text with EEA relevance
Date: 2013-08-07
Institutions: European Commission
Subjects: decorative item, economic concentration, furniture industry, investment, merger control, private sector, retail trade








C_2013228EN.01000302.xml










7.8.2013   


EN


Official Journal of the European Union


C 228/3





Non-opposition to a notified concentration
(Case COMP/M.6986 — Bain Capital/Maisons du Monde)
(Text with EEA relevance)
2013/C 228/04
On 31 July 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 32013M6986. EUR-Lex is the on-line access to the European law.
Case C-446/13: Request for a preliminary ruling from the Conseil d'État (France) lodged on 7 August 2013 — Société Fonderie 2A v Ministre de l'Économie et des Finances
Date: 2013-08-07
Institutions: Court of Justice
Subjects: France, delivery, interpretation of the law, third country








C_2013304EN.01000701.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/7





Request for a preliminary ruling from the Conseil d'État (France) lodged on 7 August 2013 — Société Fonderie 2A v Ministre de l'Économie et des Finances
(Case C-446/13)
2013/C 304/12
Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings


Appellant: Société Fonderie 2A

Respondent: Ministre de l'Économie et des Finances

Question referred

Do the provisions of the Sixth Directive [77/388/EEC] (1) for defining the place of an intra-Community supply mean that the supply of goods by a company to a customer in another country of the European Union, after the goods have, on the vendor’s behalf, undergone processing at the place of business of another company in the country of the customer is a supply between the country of the vendor and the country of the final recipient or a supply within the territory of the country of the final recipient, from the place of business of the processor?


(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2013 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin products
Date: 2013-08-07
Institutions: European Commission
Subjects: egg, import (EU), poultry, poultrymeat, tariff quota








C_2013228EN.01000101.xml










7.8.2013   


EN


Official Journal of the European Union


C 228/1





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2013 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin products
2013/C 228/01
Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2), (EC) No 539/2007 (3), (EC) No 1384/2007 (4) and (EC) No 1385/2007 (5) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of June 2013 for the subperiod 1 July to 30 September 2013 are, for quotas 09.4068, 09.4070, 09.4169, 09.4015, 09.4401, 09.4402, 09.4091, 09.4092 and 09.4421, for quantities smaller than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (6), the quantities not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2013; they are set out in the Annex to this communication.


(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 309, 27.11.2007, p. 40.

(5)  OJ L 309, 27.11.2007, p. 47.

(6)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October to 31 December 2013
(in kg)




09.4068


1 768 000




09.4070


445 250




09.4169


5 311 250




09.4015


27 000 000




09.4401


120 760




09.4402


3 011 588




09.4091


420 000




09.4092


482 500




09.4421


525 000
Case T-424/13: Action brought on 7 August 2013 — Jinan Meide Casting v Council
Date: 2013-08-07
Institutions: General Court
Subjects: China, Indonesia, Thailand, anti-dumping duty, import (EU), piping








C_2013325EN.01003601.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/36





Action brought on 7 August 2013 — Jinan Meide Casting v Council
(Case T-424/13)
2013/C 325/60
Language of the case: English

Parties


Applicant: Jinan Meide Casting Co. Ltd (Jinan, China) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia, insofar as it relates to the applicant (OJ 2013 L 129, p. 1); and










—


Order the defendant to bar the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the failure to provide access/disclose to the applicant information relevant to the normal value determination violates the rights of defense of the applicant and Articles 6(7), 20(2) and 20(4) 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).










2.


Second plea in law, alleging that the rejection of certain adjustments requested by the applicant violates Article 2(10) of Council Regulation (EC) No 1225/2009 and Article 2.4 of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. In the alternative, the applicant considers that the Council violated Article 296 of the Treaty on the Functioning of the European Union










3.


Third plea in law, alleging that the normal value determination for non-matching product types violates Articles 2(7)(a), 2(10) and 2(10)(a) and Articles 2(11) juncto 2(8), 2(9), 2(7)(a) and 9(5) of Council Regulation (EC) No 1225/2009 and the principle of non-discrimination.










4.


Fourth plea in law, alleging that the failure to make a determination as to whether market economy conditions prevail for the applicant within three months of the initiation of the investigation violates Article 2(7) of Council Regulation (EC) No 1225/2009.










5.


Fifth plea in law, alleging that the reliance on inaccurate import data for the injury determination violates Articles 3(1), 3(2) and 3(3) of Council Regulation (EC) No 1225/2009.
Case C-444/13: Request for a preliminary ruling from the Tribunalul Brașov (Romania) lodged on 7 August 2013 — Imre Solyom, Luiza Solyom v Direcția Generală a Finanțelor Publice a Județului Brașov
Date: 2013-08-07
Institutions: Court of Justice
Subjects: Romania, VAT, basis of tax assessment, consumer price, interpretation of the law, purchase








C_2013325EN.01001402.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/14





Request for a preliminary ruling from the Tribunalul Brașov (Romania) lodged on 7 August 2013 — Imre Solyom, Luiza Solyom v Direcția Generală a Finanțelor Publice a Județului Brașov
(Case C-444/13)
2013/C 325/24
Language of the case: Romanian

Referring court

Tribunalul Brașov

Parties to the main proceedings


Applicants: Imre Solyom, Luiza Solyom

Defendant: Direcția Generală a Finanțelor Publice a Județului Brașov

Question referred

Where the parties agree a firm and final price in a sales contract and subsequently the tax authorities consider the transaction to be taxable as a result of the reclassification of the vendor as a taxable person, must Articles 73 and 78 of Council Directive 2006/112/EC (1) be interpreted as meaning that the price is deemed to include the appropriate value added tax or that value added tax is to be added to that price? In other words, what is the taxable amount for such a transaction?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Non-opposition to a notified concentration (Case COMP/M.6813 — McCain Foods Group/Lutosa Business)  Text with EEA relevance
Date: 2013-08-07
Institutions: European Commission
Subjects: economic concentration, frozen product, merger control, potato








C_2013228EN.01000301.xml










7.8.2013   


EN


Official Journal of the European Union


C 228/3





Non-opposition to a notified concentration
(Case COMP/M.6813 — McCain Foods Group/Lutosa Business)
(Text with EEA relevance)
2013/C 228/03
On 28 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 32013M6813. EUR-Lex is the on-line access to the European law.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2013 under certain quotas opened by the European Union for pigmeat products
Date: 2013-08-07
Institutions: European Commission
Subjects: import (EU), pigmeat, tariff quota








C_2013228EN.01000201.xml










7.8.2013   


EN


Official Journal of the European Union


C 228/2





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2013 under certain quotas opened by the European Union for pigmeat products
2013/C 228/02
Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pigmeat products. The applications for import licences lodged during the first seven days of June 2013 for the subperiod 1 July to 30 September 2013 are, for quotas 09.4038, 09.4170 and 09.4204, for quantities smaller than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2013; they are set out in the Annex to this communication.


(1)  OJ L 129, 28.5.2009, p. 13.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October to 31 December 2013
(in kg)




09.4038


8 536 250




09.4170


1 230 500




09.4204


1 156 000