do-me/EUR-LEX huggingface dataset:
Case T-473/13: Action brought on 3 September 2013 — G-Star Raw v OHIM — PepsiCo (PEPSI RAW)
Date: 2013-09-03
Institutions: General Court
Subjects: EU trade mark, aerated drink, registered trade mark, trade-mark law








C_2013344EN.01005703.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/57





Action brought on 3 September 2013 — G-Star Raw v OHIM — PepsiCo (PEPSI RAW)
(Case T-473/13)
2013/C 344/105
Language in which the application was lodged: English

Parties


Applicant: G-Star Raw CV (Amsterdam, Netherlands) (represented by: J. van Manen, M. van de Braak and L. Fresco, lawyers)

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

Other party to the proceedings before the Board of Appeal: PepsiCo, Inc. (New York, United States)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 June 2013 given in Case R 1586/2012-2;










—


Order the defendant to pay the costs of the present proceedings;










—


Order the other party to the proceedings before the Board of Appeal to pay the costs of the present proceedings, should it intervene, as well as those incurred in the proceedings before the OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: Figurative mark containing the verbal elements ‘PEPSI RAW’ for goods in class 32 — Community trade mark application No 6 788 004

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

Mark or sign cited in opposition: Verbal mark ‘RAW’ for goods in Class 25 — Community trade mark No 4 743 225

Decision of the Opposition Division: Allowed the opposition and rejected the CTM application in its entirety

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 8(1)(b) CTMR.
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-03
Institutions: European Commission
Subjects: Faroes, Germany, Greenland, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013253EN.01001801.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/18





Information communicated by Member States regarding closure of fisheries
2013/C 253/13
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


7.8.2013




Duration


7.8.2013-31.12.2013




Member State


Germany




Stock or group of stocks


RED/N1G14P.




Species


Redfish (Sebastes spp.)




Zone


Greenland waters of NAFO 1F and Greenland waters of V and XIV




Type(s) of fishing vessels


—




Reference number


30/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2013-09-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2013253EN.01000201.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/2





Euro exchange rates (1)

2 September 2013
2013/C 253/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3207




JPY


Japanese yen


131,09




DKK


Danish krone


7,4593




GBP


Pound sterling


0,84775




SEK


Swedish krona


8,7222




CHF


Swiss franc


1,2317




ISK


Iceland króna


 




NOK


Norwegian krone


8,0095




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,683




HUF


Hungarian forint


300,05




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7026




PLN


Polish zloty


4,2548




RON


Romanian leu


4,4238




TRY


Turkish lira


2,6641




AUD


Australian dollar


1,4680




CAD


Canadian dollar


1,3907




HKD


Hong Kong dollar


10,2418




NZD


New Zealand dollar


1,6900




SGD


Singapore dollar


1,6819




KRW


South Korean won


1 449,66




ZAR


South African rand


13,4816




CNY


Chinese yuan renminbi


8,0822




HRK


Croatian kuna


7,5773




IDR


Indonesian rupiah


15 038,00




MYR


Malaysian ringgit


4,3220




PHP


Philippine peso


58,572




RUB


Russian rouble


43,9745




THB


Thai baht


42,309




BRL


Brazilian real


3,1257




MXN


Mexican peso


17,5521




INR


Indian rupee


87,5230






(1)  Source: reference exchange rate published by the ECB.
Case T-478/13: Action brought on 3 September 2013 — NumberFour v OHIM — Inaer Helicópteros (ENFORE)
Date: 2013-09-03
Institutions: General Court
Subjects: EU trade mark, aeronautical industry, registered trade mark, trade-mark law








C_2013344EN.01005801.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/58





Action brought on 3 September 2013 — NumberFour v OHIM — Inaer Helicópteros (ENFORE)
(Case T-478/13)
2013/C 344/106
Language in which the application was lodged: English

Parties


Applicant: NumberFour AG (Berlin, Germany) (represented by: C. Götz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Inaer Helicópteros, SA (Mutxamel, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2013 given in Case R 1000/2012-5;










—


Order the defendant to bear the costs of proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ENFORE’ for goods and services in Classes 9, 35, 36, 42 and 45 — Community trade mark application No 10 059 624

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: The word mark ‘EINFOREX’ for goods and services in Classes 9, 42 and 45 — Community trade mark registration No 6 530 927

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) CTMR.
Case T-14/13: Order of the General Court of 3 September 2013 — Seal Trademarks v OHIM — Exel Composites (XCEL)
Date: 2013-09-03
Institutions: General Court
Subjects: EU trade mark, registered trade mark, section, sporting event, trade-mark law








C_2013336EN.01003003.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/30





Order of the General Court of 3 September 2013 — Seal Trademarks v OHIM — Exel Composites (XCEL)
(Case T-14/13) (1)

2013/C 336/66
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 86, 23.3.2013.
Commission Implementing Regulation (EU) No 852/2013 of 3 September 2013 amending for the 200th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
Date: 2013-09-03
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2013235EN.01000801.xml










4.9.2013   


EN


Official Journal of the European Union


L 235/8








            COMMISSION IMPLEMENTING REGULATION (EU) No 852/2013
of 3 September 2013
         
amending for the 200th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 26 August 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.












(3)


Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 September 2013.


For the Commission, On behalf of the President,


Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry under the heading ‘Natural persons’ is deleted:


            ‘Said Youssef Ali Abu Aziza (alias (a) Abdul Hamid, (b) Abu Therab). Date of birth: 1958. Place of birth: Tripoli, Libya. Nationality: Libyan. Passport number: (a) 87/437555 (Libyan passport), (b) 274381 (Libyan passport). Libyan national identification number: 145126. Other information: (a) Mother’s name is Fatima Isa, (b) Member of Libyan Islamic Fighting Group and Al-Qaida. Date of designation referred to in Article 2a (4) (b): 8.6.2007.’
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-03
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Germany, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013253EN.01001802.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/18





Information communicated by Member States regarding closure of fisheries
2013/C 253/14
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


7.8.2013




Duration


7.8.2013-31.12.2013




Member State


Germany




Stock or group of stocks


MAC/*8ABD.




Species


Mackerel (Scomber scombrus)




Zone


VIIIa, VIIIb and VIIId




Type(s) of fishing vessels


—




Reference number


31/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-479/13: Action brought on 3 September 2013 — Marchiani v Parliament
Date: 2013-09-03
Institutions: General Court
Subjects: European civil service, allowances and expenses, reimbursement of aid, rights of the defence








C_2013336EN.01002601.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/26





Action brought on 3 September 2013 — Marchiani v Parliament
(Case T-479/13)
2013/C 336/56
Language of the case: French

Parties


Applicant: Jean-Charles Marchiani (Toulon, France) (represented by: C.-S. Marchiani, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Secretary General of 4 July 2013;










—


annul the debit note of 5 July 2013;










—


order the European Parliament to pay the costs.





Pleas in law and main arguments

By the present action, the applicant contests the decision of the European Parliament to recover the sums received between 2001 and 2004 by the applicant as Parliamentary assistance expenses.
In support of the action, the applicant relies on six pleas in law.






1.


First plea in law, alleging an irregularity in procedure, in so far as the decision of the of the Secretary General of the Parliament of 4 July 2013 is in violation of the decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning Implementing Measures for the Statute for Members of the European Parliament, of the adversarial principle and of the rights of defence.










2.


Second plea in law, alleging an incorrect application of the regulation concerning fees and expenses of Members of the Parliament (the FEM regulation).










3.


Third plea in law, alleging an error of assessment of the documents on the file.










4.


Fourth plea in law, alleging a lack of impartiality on the part of the Secretary General of the European Parliament when adopting the decision dated 4 July 2013.










5.


Fifth and Sixth pleas in law, alleging that the recovery of the sums in question is time-barred.
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-03
Institutions: European Commission
Subjects: Atlantic Ocean, Germany, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013253EN.01001702.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/17





Information communicated by Member States regarding closure of fisheries
2013/C 253/12
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


29.7.2013




Duration


29.7.2013-31.12.2013




Member State


Latvia




Stock or group of stocks


RED/N1G14P.




Species


Redfish (Sebastes spp.)




Zone


Greenland waters of NAFO 1F and Greenland waters of V and XIV




Type(s) of fishing vessels


—




Reference number


26/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-03
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, Germany, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013253EN.01001602.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/16





Information communicated by Member States regarding closure of fisheries
2013/C 253/10
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


7.8.2013




Duration


7.8.2013-31.12.2013




Member State


Germany




Stock or group of stocks


SAN/2A3A4. and management areas SAN/234_1, _2, _3, _4




Species


Sandeel and associated by-catches (Ammodytes spp.)




Zone


EU waters of IIa, IIIa and IV and EU waters of sandeel management areas 1, 2, 3 and 4




Type(s) of fishing vessels


—




Reference number


28/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case COMP/M.7029 — ZTE Services Deutschland/Alcatel-Lucent Network Services) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-09-03
Institutions: European Commission
Subjects: Germany, economic concentration, merger control, telecommunications industry








C_2013253EN.01002201.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/22





Prior notification of a concentration
(Case COMP/M.7029 — ZTE Services Deutschland/Alcatel-Lucent Network Services)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 253/19






1.


On 26 August 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking ZTE Services Deutschland GmbH (Germany), belonging to the ZTE Group (‘ZTE’), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Alcatel-Lucent Network Services GmbH (‘ALNS’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for ZTE: design, development, production, distribution and installation of telecommunication systems and equipment worldwide,










—


for ALNS: telecom infrastructure service company active mainly in Germany.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7029 — ZTE Services Deutschland/Alcatel-Lucent Network Services, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Non-opposition to a notified concentration (Case COMP/M.6828 — Delta Air Lines/Virgin Group/Virgin Atlantic Limited)  Text with EEA relevance
Date: 2013-09-03
Institutions: European Commission
Subjects: United Kingdom, United States, air transport, economic concentration, holding company, merger control, tourism, transport company








C_2013253EN.01000101.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/1





Non-opposition to a notified concentration
(Case COMP/M.6828 — Delta Air Lines/Virgin Group/Virgin Atlantic Limited)
(Text with EEA relevance)
2013/C 253/01
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 32013M6828. EUR-Lex is the on-line access to the European law.
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-03
Institutions: European Commission
Subjects: Faroes, Greenland, Latvia, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013253EN.01001701.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/17





Information communicated by Member States regarding closure of fisheries
2013/C 253/11
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


7.8.2013




Duration


7.8.2013-31.12.2013




Member State


Germany




Stock or group of stocks


MAC/8C3411




Species


Mackerel (Scomber scombrus)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


29/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-03
Institutions: European Commission
Subjects: Baltic Sea, France, Germany, Poland, Spain, United Kingdom, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013253EN.01001901.xml










3.9.2013   


EN


Official Journal of the European Union


C 253/19





Information communicated by Member States regarding closure of fisheries
2013/C 253/15
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


7.8.2013




Duration


7.8.2013-31.12.2013




Member State


Germany




Stock or group of stocks


HER/3D-R30




Species


Herring (Clupea harengus)




Zone


Union waters of Subdivisions 25-27, 28.2, 29 and 32




Type(s) of fishing vessels


—




Reference number


32/BAL






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-34/12 P: Order of the Court (Sixth Chamber) of 3 September 2013 — Idromacchine Srl, Alessandro Capuzzo, Roberto Capuzzo v European Commission (Appeal — Non-contractual liability of the European Union — Action for damages — Commission decision to initiate a formal investigation procedure — Prejudicial statements — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2013-09-03
Institutions: Court of Justice
Subjects: EU Official Journal, Italy, State aid, advertising malpractice, contractual liability, damages, indemnification, rights of the defence








C_2013344EN.01003801.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/38





Order of the Court (Sixth Chamber) of 3 September 2013 — Idromacchine Srl, Alessandro Capuzzo, Roberto Capuzzo v European Commission
(Case C-34/12 P) (1)

(Appeal - Non-contractual liability of the European Union - Action for damages - Commission decision to initiate a formal investigation procedure - Prejudicial statements - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2013/C 344/65
Language of the case: Italian

Parties


Appellants: Idromacchine SpA, Alessandro Capuzzo, Roberto Capuzzo (represented by: W. Viscardini and G. Donà, avvocati)

Other party to the proceedings: European Commission (represented by: D. Grespan, acting as Agent, assisted by F. Ruggeri Laderchi, avvocato)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 November 2011 in Case T-88/09 Idromacchine and Others v Commission, by which the General Court rejected in part an action for damages in respect of the harm allegedly suffered as the result of the publication in the Official Journal of the European Union of false information which, inter alia, adversely affected the image and reputation of Idromacchine in Commission Decision C(2002) 5426 final of 30 December 2004, ‘State aid — Italy — Extension of the 3-year delivery limit for a chemical tanker — Invitation to submit comments pursuant to Article 88(2) [EC]’ — Duty of care — Breach of the rights of the defence — Absence of grounds

Operative part of the order







1.


The appeal is dismissed.










2.


Idromacchine SpA, Alessandro Capuzzo and Roberto Capuzzo shall jointly and severally pay the costs.






(1)  OJ C 89, 24.3.2012.