do-me/EUR-LEX huggingface dataset:
Case T-492/13: Action brought on 13 September 2013 — Schmidt Spiele v OHIM (Representation of a games board)
Date: 2013-09-13
Institutions: General Court
Subjects: EU trade mark, registered trade mark, toy industry, trade-mark law








C_2013325EN.01004801.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/48





Action brought on 13 September 2013 — Schmidt Spiele v OHIM (Representation of a games board)
(Case T-492/13)
2013/C 325/77
Language of the case: German

Parties


Applicant: Schmidt Spiele GmbH (Berlin, Germany) (represented by T. Sommer, 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 OHIM of 3 July 2013 in Case R 1767/2012-1;










—


Order OHIM to pay the costs;










—


Set a date for the oral procedure.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark including the representation of a games board for goods and services in Classes 9, 16, 28 and 41 — Community trade mark application No 10 592 103

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (3) of Regulation (EC) No 207/2009
Prior notification of a concentration (Case COMP/M.7008 — Aena Internacional/AXA PE/LLAGL)  Text with EEA relevance
Date: 2013-09-13
Institutions: European Commission
Subjects: London, airport, economic concentration, investment company, merger control








C_2013264EN.01002301.xml










13.9.2013   


EN


Official Journal of the European Union


C 264/23





Prior notification of a concentration
(Case COMP/M.7008 — Aena Internacional/AXA PE/LLAGL)
(Text with EEA relevance)
2013/C 264/12






1.


On 5 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Aena Desarrollo Internacional, SA (‘Aena Internacional’, Spain) and AXA Investment Managers Private Equity, SA (‘AXA PE’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of London Luton Airport Group Limited (‘LLAGL’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Aena Internacional: management of airport infrastructures,










—


for AXA PE: private equity and asset management activities,










—


for LLAGL: management and operation of London Luton Airport through its wholly owned subsidiary London Luton Airport Operations Ltd.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7008 — Aena Internacional/AXA PE/LLAGL, 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’).
Case F-86/13: Action brought on 13 September 2013 — ZZ v Parliament
Date: 2013-09-13
Institutions: Civil Service Tribunal
Subjects: European civil service, Ukraine, consultancy, head of government, termination of employment








C_2013336EN.01003103.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/31





Action brought on 13 September 2013 — ZZ v Parliament
(Case F-86/13)
2013/C 336/70
Language of the case: English

Parties


Applicant: ZZ (represented by: P. Bentley QC, Barrister, and R. Bäuerle, Rechtsanwalt)

Defendant: European Parliament

Subject-matter and description of the proceedings

The annulment of the decision prohibiting the applicant from taking up an appointment as an adviser to the Prime Minister of Ukraine within two years as from the date of termination of his functions with the European Parliament.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the Parliament's decision dated 3 January 2013 forbidding the Applicant from undertaking an appointment as Adviser to Prime Minister of Ukraine, for two years following the termination of his employment with the Parliament;










—


annul the Parliament's decision dated 24 June 2013 rejecting the Complaint filed by the Applicant against the Parliament's decision of 3 January 2013;










—


order the Parliament to bear the costs of the present proceedings.
Case C-491/13: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 13 September 2013 — Mohamed Ali Ben Alaya v Federal Republic of Germany
Date: 2013-09-13
Institutions: Court of Justice
Subjects: educational exchange, foreign national, foreign student, third country, unpaid work, vocational training








C_2013344EN.01004702.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/47





Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 13 September 2013 — Mohamed Ali Ben Alaya v Federal Republic of Germany
(Case C-491/13)
2013/C 344/82
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Mohamed Ali Ben Alaya

Defendant: Federal Republic of Germany

Question referred

Does Council Directive 2004/114/EC (1) of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service establish a non-discretionary right to a visa for the purposes of studies and the subsequent residence permit under Article 12 of the so called ‘Student Directive’, if the ‘conditions of admission’, namely those listed in Articles 6 and 7 of the directive, are met and there are no grounds for refusing the visa under Article 6(1)(d) of the directive?


(1)  OJ 2004 L 375, p. 12.
Case T-493/13: Action brought on 13 September 2013 — Schmidt Spiele v OHIM (Representation of a games board)
Date: 2013-09-13
Institutions: General Court
Subjects: EU trade mark, registered trade mark, toy industry, trade-mark law








C_2013325EN.01004901.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/49





Action brought on 13 September 2013 — Schmidt Spiele v OHIM (Representation of a games board)
(Case T-493/13)
2013/C 325/78
Language of the case: German

Parties


Applicant: Schmidt Spiele GmbH (Berlin, Germany) (represented by T. Sommer, 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 OHIM of 3 July 2013 in Case R 1768/2012-1;










—


Order OHIM to pay the costs;










—


Set a date for the oral procedure.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark including the representation of a games board for goods and services in Classes 9, 16, 28 and 41 — Community trade mark application No 10 592 095

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (3) of Regulation (EC) No 207/2009
Notification of the Danish Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council ( ‘Electricity Directive’ ) concerning common rules for the internal market in electricity regarding the designation of Energinet.dk as transmission system operator in Denmark — Electricity TSO
Date: 2013-09-13
Institutions: Denmark
Subjects: Denmark, domestic market, electricity supply, private sector, public contract, transport network








C_2013264EN.01001001.xml










13.9.2013   


EN


Official Journal of the European Union


C 264/10





Notification of the Danish Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council (‘Electricity Directive’) concerning common rules for the internal market in electricity regarding the designation of Energinet.dk as transmission system operator in Denmark — Electricity TSO
2013/C 264/07
Following the Danish regulatory authority’s final decision of 28 February 2012 regarding the certification of Energinet.dk as ownership unbundled transmission system operator (Article 9 of the Electricity Directive), Denmark has notified to the Commission the official approval and designation of this company as a transmission system operator operating in Denmark in accordance with Article 10 of the Electricity Directive of the European Parliament and of the Council.
Any additional information can be obtained at the following address:
E-mail: ens@ens.dk
http://www.ens.dk
Commission Implementing Regulation (EU) No 880/2013 of 13 September 2013 amending for the 201st 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: 2013-09-13
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2013245EN.01000701.xml










14.9.2013   


EN


Official Journal of the European Union


L 245/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 880/2013
of 13 September 2013
         
amending for the 201st 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 4 September 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one entity from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering a de-listing request submitted by this entity and the Comprehensive Report of the Ombudsperson established pursuant to UNSC Resolution 1904(2009).












(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, 13 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 ‘Legal persons, groups and entities’ is deleted:


            ‘Lajnat Al Daawa Al Islamiya (alias (a) LDI, (b) Lajnat Al Dawa, (c) Islamic Missionary Commission). Address: (a) Afghanistan, (b) Pakistan. Other information: Associated with the Libyan Islamic Fighting Group. Date of designation referred to in Article 2a (4) (b): 20.2.2003.’
Case T-548/08: Judgment of the General Court of 13 September 2013 — Total v Commission (Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Principle of the legality of criminal offences and penalties — Presumption of innocence — Attributability of the unlawful conduct — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption where the parent company holds nearly 100 % of the shares)
Date: 2013-09-13
Institutions: General Court
Subjects: competition law, fine, infringement of EU law, market-sharing agreement, paraffin, parent company, price agreement, rights of the defence








C_2013313EN.01001801.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/18





Judgment of the General Court of 13 September 2013 — Total v Commission
(Case T-548/08) (1)

(Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Principle of the legality of criminal offences and penalties - Presumption of innocence - Attributability of the unlawful conduct - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company - Presumption where the parent company holds nearly 100 % of the shares)
2013/C 313/32
Language of the case: French

Parties


Applicant: Total SA (Courbevoie, France) (represented by: É. Morgan de Rivery and A. Noël-Baron, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)

Re:

Primarily, application for annulment of Commission Decision C(2008) 5476 final of 1 October 2008, relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes), and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Total SA to bear its own costs and to pay those of the European Commission.






(1)  OJ C 44, 21.2.2009.
Case C-492/13: Request for a preliminary ruling from the Administrativen sad — Varna (Bulgaria) lodged on 13 September 2013 — ‘Traum’ EOOD v Direktor na Direktsia ‘Obzhalvane i danachno osiguritelna praktika’ — grad Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
Date: 2013-09-13
Institutions: Court of Justice
Subjects: VAT, contract of carriage, interpretation of the law, tax exemption








C_2013344EN.01004801.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/48





Request for a preliminary ruling from the Administrativen sad — Varna (Bulgaria) lodged on 13 September 2013 — ‘Traum’ EOOD v Direktor na Direktsia ‘Obzhalvane i danachno osiguritelna praktika’ — grad Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
(Case C-492/13)
2013/C 344/83
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicant:‘Traum’ EOOD

Defendant: Direktor na Direktsia ‘Obzhalvane i danachno osiguritelna praktika’ — grad Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite

Questions referred







1.


Is the requirement giving entitlement to tax exemption under Article 138(1) of Directive 2006/112/EC (1) fulfilled and is there no exception under the second paragraph of Article 139(1) of the Directive in circumstances such as those in the main proceedings in which it was established that the absence of the characteristic of a ‘person registered under the ZDDS’ in respect of the acquirer of the goods was indicated in the Union database after the actual supply, but the applicant claims that it acted with due diligence by obtaining information in this system which is not documented? The late recording of the characteristic of a ‘person registered under the ZDDS’ emerges from hard copies/information of the tax authorities.










2.


Are the principles of fiscal neutrality, proportionality and protection of legitimate expectations violated by administrative practice and case-law according to which it is for the vendor — the consignor under the transport contract — to determine the authenticity of the acquirer’s signature and to establish whether it comes from a person representing the company (the acquirer), one of its employees in a corresponding position or an authorised person?










3.


In a case such as the present does Article 138(1) of Directive 2006/112/EC have direct effect, and can the national court directly apply the provision?






(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-73/08: Judgment of the General Court of 13 September 2013 — Berliner Institut für Vergleichende Sozialforschung v Commission (Financial assistance paid in the context of the Daphne II programme — Determination of the amount of the final grant — Debit note — Measure open to challenge — Obligation to state reasons — Fair trial — Errors of assessment)
Date: 2013-09-13
Institutions: General Court
Subjects: EU programme, child protection, financial aid, reimbursement of aid, violence, woman








C_2013313EN.01001501.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/15





Judgment of the General Court of 13 September 2013 — Berliner Institut für Vergleichende Sozialforschung v Commission
(Case T-73/08) (1)

(Financial assistance paid in the context of the Daphne II programme - Determination of the amount of the final grant - Debit note - Measure open to challenge - Obligation to state reasons - Fair trial - Errors of assessment)
2013/C 313/25
Language of the case: German

Parties


Applicant: Berliner Institut für Vergleichende Sozialforschung eV (Berlin, Germany) (represented: initially by B. Henning, then U. Claus and M. Uhmann, and finally by C. Otto, S. Reichmann and L.-J. Schmidt, lawyers)

Defendant: European Commission (represented: initially by S. Grünheid and B. Simon, then S. Grünheid and F. Dintilhac, acting as Agents)

Re:

Application for annulment of the decision of the Commission contained in the debit note of 26 November 2007, in which it requested the applicant to repay the sum of EUR 23 228,07 which the Commission paid to the applicant pursuant to the Daphne Grant Agreement (JLS/DAP/2004-1/080/YC).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Berliner Institut für Vergleichende Sozialforschung eV to pay the costs.






(1)  OJ C 107, 26.4.2008.
Notice concerning the anti-dumping measures in force in respect of imports into the Union of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China: change of the name of a company subject to an individual anti-dumping duty
Date: 2013-09-13
Institutions: European Commission
Subjects: China, anti-dumping duty, business name, citrus fruit, import (EU), originating product, preserved product








C_2013264EN.01002001.xml










13.9.2013   


EN


Official Journal of the European Union


C 264/20





Notice concerning the anti-dumping measures in force in respect of imports into the Union of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China: change of the name of a company subject to an individual anti-dumping duty
2013/C 264/10
Imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China are subject to definitive anti-dumping duties, imposed by Council Implementing Regulation (EU) No 158/2013 (1) (‘Regulation (EU) No 158/2013’).
Huangyan No 1 Canned Food Factory, a company located in the People’s Republic of China, whose exports to the Union of certain prepared or preserved citrus fruits (namely mandarins, etc.) are subject to an individual specific duty of EUR 361,40/tonne by the aforementioned Regulation, has informed the Commission that on 20 March 2012 it has changed its name into Zhejiang Taizhou Yiguan Food Co. Ltd.
The company has asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual specific duty applied to the company under its previous name of Huangyan No 1 Canned Food Factory.
The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Regulation (EU) No 158/2013. Therefore, the reference in Article 1(2) of Regulation (EU) No 158/2013 to Huangyan No 1 Canned Food Factory, Huangyan, Zhejiang should read as: Zhejiang Taizhou Yiguan Food Co. Ltd, Huangyan, Zhejiang.
The TARIC additional code A887 previously attributed to Huangyan No 1 Canned Food Factory, Huangyan, Zhejiang shall apply to Zhejiang Taizhou Yiguan Food Co. Ltd, Huangyan, Zhejiang.


(1)  OJ L 49, 22.2.2013, p. 29.
Case T-383/11: Judgment of the General Court of 13 September 2013 — Makhlouf v Council (Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Restrictions on entry into, or transit through, the territory of the European Union — Rights of defence — Obligation to state reasons — Manifest error of assessment — Fundamental rights)
Date: 2013-09-13
Institutions: General Court
Subjects: Syria, capital movement, common foreign and security policy, economic sanctions, free movement of persons, fundamental rights, international sanctions, rights of the defence








C_2013313EN.01002302.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/23





Judgment of the General Court of 13 September 2013 — Makhlouf v Council
(Case T-383/11) (1)

(Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Restrictions on entry into, or transit through, the territory of the European Union - Rights of defence - Obligation to state reasons - Manifest error of assessment - Fundamental rights)
2013/C 313/44
Language of the case: French

Parties


Applicant: Eyad Makhlouf (Damascus, Syria) (represented: initially by P. Grollet and G. Karouni, and subsequently by G. Karouni and C. Rygaert, lawyers)

Defendant: Council of the European Union (represented by: G. Étienne and R. Liudvinaviciute-Cordeiro, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: F. Castillo de la Torre and S. Pardo Quintillán, acting as Agents)

Re:

Application for annulment of Council Implementing Decision 2011/302/CFSP of 23 May 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 136, p. 91), of Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56), and of Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782/CFSP (OJ 2012 L 330, p. 21), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Eyad Makhlouf to bear his own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 282, 24.9.2011.