do-me/EUR-LEX huggingface dataset:
Case C-500/13: Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 16 September 2013 — Gmina Międzyzdroje v Minister Finansów
Date: 2013-09-16
Institutions: Court of Justice
Subjects: intermediate goods, tax, tax relief








C_2013367EN.01002301.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/23





Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 16 September 2013 — Gmina Międzyzdroje v Minister Finansów
(Case C-500/13)
2013/C 367/39
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Appellant: Gmina Międzyzdroje

Respondent: Minister Finansów

Question referred

Must Articles 167, 187 and 189 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) and the principle of tax neutrality be interpreted as permitting provisions of national law such as Article 91(7) and (7a) of the Polish Law of 11 March 2004 on the tax on goods and services (Dz. U. No 177 of 2011, item 1054, as amended), which provide that, in the event of a change in the purpose of capital goods from use in activities not conferring entitlement to deduct input tax to use in activities which do confer such entitlement, the adjustment of deductions may not be effected on a one-off basis but must be spread over the subsequent five years, and, in the case of immovable property, over ten years, following the year in which the capital goods were surrendered for use?


(1)  OJ 2006 L 347, p. 1.
Commission Implementing Regulation (EU) No 889/2013 of 16 September 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Chufa de Valencia (PDO)]
Date: 2013-09-16
Institutions: European Commission
Subjects: Community of Valencia, Spain, designation of origin, product designation, root crop








L_2013247EN.01002201.xml










18.9.2013   


EN


Official Journal of the European Union


L 247/22








            COMMISSION IMPLEMENTING REGULATION (EU) No 889/2013
of 16 September 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Chufa de Valencia (PDO)]


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2)













(2)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Spain's application for the approval of amendments to the specification for the protected designation of origin 'Chufa de Valencia' registered under Commission Regulation (EC) No 378/1999 (3)













(3)


Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union (4), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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, 16 September 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ L 46, 20.2.1999, p. 13.

(4)  
            OJ C 367, 27.11.2012, p. 13.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.8.   Other products listed in Annex I to the Treaty

SPAIN
Chufa de Valencia (PDO)
Case T-264/11 P: Judgment of the General Court of 16 September 2013 — De Nicola v EIB (Appeal — Civil service — EIB staff — Appraisal — Promotion — 2007 appraisal and promotion period — Decision of the Appeals Committee — Psychological harassment — Reasonable period — Claim for setting aside — Claim for damages)
Date: 2013-09-16
Institutions: General Court
Subjects: European Investment Bank, European civil service, indemnification, promotion, psychological harassment








C_2013313EN.01002201.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/22





Judgment of the General Court of 16 September 2013 — De Nicola v EIB
(Case T-264/11 P) (1)

(Appeal - Civil service - EIB staff - Appraisal - Promotion - 2007 appraisal and promotion period - Decision of the Appeals Committee - Psychological harassment - Reasonable period - Claim for setting aside - Claim for damages)
2013/C 313/41
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-59/09 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-59/09 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB) and compensation for the damage he claims to have suffered as a result of his harassment by the EIB;










2.


Dismisses the remainder of the appeal;










3.


Refers the case back to the Civil Service Tribunal;










4.


Reserves the costs.






(1)  OJ C 211, 16.7.2011.
Case T-338/09: Judgment of the General Court of 16 September 2013 — Müller-Boré & Partner v OHIM — Popp and Others (MBP) (Community trade mark — Opposition proceedings — Application for Community word mark MBP — Earlier Community word mark ip_law@mbp./email — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — National sign used in the course of trade mbp.de — Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation 207/2009)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, Internet address, consultancy, registered trade mark, trade-mark law








C_2013336EN.01001502.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/15





Judgment of the General Court of 16 September 2013 — Müller-Boré & Partner v OHIM — Popp and Others (MBP)
(Case T-338/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MBP - Earlier Community word mark ip_law@mbp./email - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - National sign used in the course of trade mbp.de - Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation 207/2009)
2013/C 336/30
Language of the case: German

Parties


Applicant: M Müller-Boré & Partner Patentanwälte. Rechtsanwälte (Munich, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Schäffner, then A. Pohlmann, Agents)

Other parties to the proceedings before the Board of Appeal of OHIM: Eugen Popp (Munich, Germany); Wolf E. Sajda (Munich); Johannes Bohnenberger (Munich); and Volkmar Kruspig (Munich) (represented by: C. Rohnke, M. Jacob and J. Herrlinger, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 (Case R 1176/2007-4), relating to opposition proceedings between Eugen Popp, Wolf E. Sajda, Johannes Bohnenberger, Volkmar Kruspig and Müller-Boré & Partner Rechtsanwälte. Patentanwälte.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Müller-Boré & Partner Patentanwälte. Rechtsanwälte to pay the costs.






(1)  OJ C 267, 7.11.2009.
Case T-97/11: Judgment of the General Court of 16 September 2013 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals) (Community trade mark — Opposition proceedings — Application for the Community word mark ROVI Pharmaceuticals — Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Equal treatment)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, equal treatment, pharmaceutical product, registered trade mark, trade-mark law








C_2013336EN.01001901.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/19





Judgment of the General Court of 16 September 2013 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals)
(Case T-97/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ROVI Pharmaceuticals - Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Equal treatment)
2013/C 336/37
Language of the case: English

Parties


Applicant: Rovi Pharmaceuticals GmbH (Schlüchtern, Germany) (represented by: M. Berghofer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Laboratorios Farmacéuticos Rovi, SA (Madrid, Spain) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 December 2010 (Case R 500/2010-2), relating to opposition proceedings between Laboratorios Farmacéuticos Rovi, SA and Rovi Pharmaceuticals GmbH

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Rovi Pharmaceuticals GmbH to pay the costs, including those incurred by Laboratorios Farmacéuticos Rovi, SA in the proceedings before the Board of Appeal.






(1)  OJ C 120, 16.4.2011.
Case T-200/10: Judgment of the General Court of 16 September 2013 — Avery Dennison v OHIM (AVERY DENNISON) (Community trade mark — Opposition proceedings — Application for Community word mark AVERY DENNISON — Earlier national word mark DENNISON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Subject-matter of the dispute before the Board of Appeal)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, packaging product, registered trade mark, trade-mark law








C_2013336EN.01001701.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/17





Judgment of the General Court of 16 September 2013 — Avery Dennison v OHIM (AVERY DENNISON)
(Case T-200/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark AVERY DENNISON - Earlier national word mark DENNISON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 - Subject-matter of the dispute before the Board of Appeal)
2013/C 336/33
Language of the case: Spanish

Parties


Applicant: Avery Dennison Corp. (Pasadena, California, United States) (represented by: E. Armijo Chávarri, A. Castán Pérez-Gómez and A. Sanz Cerralbo, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Dennison-Hesperia, SA (Torrejón de Ardoz, Spain) (represented by: L. Broschat García, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 February 2010 (Case R 798/2009-2), relating to opposition proceedings between Dennison-Hesperia, SA and Avery Dennison Corp.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Avery Dennison Corp. to pay the costs.






(1)  OJ C 161, 19.6.2010.
Case C-498/13: Request for a preliminary ruling from the Simboulio tis Epikratias lodged on 16 September 2013 — Agrooikosystimata EPE v Ipourgos Ikonomias kai Ikonomikon, Ipourgos Αgrotikis Anaptixis kai Trofimon, Region of Thessaly
Date: 2013-09-16
Institutions: Court of Justice
Subjects: aid to agriculture, cultivation techniques, means of agricultural production








C_2013344EN.01004901.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/49





Request for a preliminary ruling from the Simboulio tis Epikratias lodged on 16 September 2013 — Agrooikosystimata EPE v Ipourgos Ikonomias kai Ikonomikon, Ipourgos Αgrotikis Anaptixis kai Trofimon, Region of Thessaly
(Case C-498/13)
2013/C 344/85
Language of the case: Greek

Referring court

Simboulio tis Epikratias

Parties to the main proceedings


Applicant: Agrooikosystimata EPE

Defendants: Ipourgos Ikonomias kai Ikonomikon, Ipourgos Αgrotikis Anaptixis kai Trofimon, Region of Thessaly

Question referred

Must those who are to qualify as beneficiaries of the long-term agricultural land set-aside scheme under Regulation (EEC) No 2078/92 (1) and Regulation (EC) No 746/96 (2) be farmers or is it sufficient if they assume the financial risk of the land entered in the scheme and are responsible for its management?


(1)  Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (OJ 1992 L 215, p. 85).

(2)  Commission Regulation (EC) No 746/96 of 24 April 1996 laying down detailed rules for the application of Council Regulation (EEC) No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (OJ 1996 L 102, p. 19).
Case T-437/11: Judgment of the General Court of 16 September 2013 — Golden Balls Ltd v OHIM — Intra-Presse (GOLDEN BALLS) (Community trade mark — Opposition proceedings — Application for Community word mark GOLDEN BALLS — Earlier Community word mark BALLON D’OR — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Application for annulment filed by the intervener — Article 134(3) of the Rules of Procedure of the General Court — Scope of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action — Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2013336EN.01001902.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/19





Judgment of the General Court of 16 September 2013 — Golden Balls Ltd v OHIM — Intra-Presse (GOLDEN BALLS)
(Case T-437/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GOLDEN BALLS - Earlier Community word mark BALLON D’OR - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - Application for annulment filed by the intervener - Article 134(3) of the Rules of Procedure of the General Court - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009)
2013/C 336/38
Language of the case: English

Parties


Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough QC, and S. Smith, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Intra-Presse (Boulogne-Billancourt, France) (represented by: P. Péters, T. de Haan and M. Laborde, avocats)

Re:

Application for annulment of the decision of the First Board of Appeal of OHIM of 26 May 2011 (Case R 1310/2010-1) relating to opposition proceedings between Intra-Presse and Golden Balls Ltd.

Operative part of the judgment

The Court:






1.


Annuls point 1 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 May 2011 (Case R 1310/2010-1);










2.


Rejects the application for annulment submitted by Intra-Presse;










3.


Orders OHIM to bear, in addition to its own costs, those incurred by Golden Balls Ltd, with the exception of the latter’s costs concerning the application for annulment based on Article 134(3) of the Rules of Procedure;










4.


Orders Intra-Presse to bear, in addition to its own costs, those incurred by Golden Balls Ltd concerning the application for annulment based on Article 134(3) of the Rules of Procedure.






(1)  OJ C 298, 8.10.2011.
Case T-79/10: Judgment of the General Court of 16 September 2013 — Colt Télécommunications France v Commission (State Aid — Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties)
Date: 2013-09-16
Institutions: General Court
Subjects: France, State aid, control of State aid, public service, transmission network








C_2013336EN.01001601.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/16





Judgment of the General Court of 16 September 2013 — Colt Télécommunications France v Commission
(Case T-79/10) (1)

(State Aid - Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties)
2013/C 336/31
Language of the case: French

Parties


Applicant: Colt Télécommunications France (Paris, France) (represented by: M. Debroux, lawyer)

Defendant: European Commission (represented by: B. Stromsky and C. Urraca Caviedes, acting as Agents)

Interveners in support of the defendant: The French Republic (represented: initially by G. de Bergues and J. Gstalter, and subsequently by D. Colas, J. Bousin and J. S. Pilczer, acting as Agents); Sequalum SAS (Puteaux, France) (represented by: L. Feldman, lawyer); and the Hauts-de-Seine department (France) (represented by: J. D. Bloch and G. O’Mahony, lawyers)

Re:

Application for annulment of Commission Decision C(2009) 7426 final of 30 September 2009 concerning the compensation for public service costs for the establishment and operation of a very high speed broadband electronic communications network in the Hauts-de-Seine department (State Aid N 331/2008 — France).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Colt Télécommunications France to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the French Republic, Sequalum SAS and the Hauts-de-Seine department to pay their own costs.






(1)  OJ C 113, 1.5.2010.
Case T-482/07: Judgment of the General Court of 16 September 2013 — Nynäs Petroleum and Nynas Petróleo v Commission (Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing arrangements — Evidence of participation in the cartel — Calculation of the amount of the fine)
Date: 2013-09-16
Institutions: General Court
Subjects: bituminous materials, control of restrictive practices, fine, market-sharing agreement, price agreement








C_2013336EN.01001302.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/13





Judgment of the General Court of 16 September 2013 — Nynäs Petroleum and Nynas Petróleo v Commission
(Case T-482/07) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Decision finding an infringement of Article 81 EC - Annual market-sharing and price-fixing arrangements - Evidence of participation in the cartel - Calculation of the amount of the fine)
2013/C 336/26
Language of the case: English

Parties


Applicants: Nynäs Petroleum AB (Stockholm, Sweden); and Nynas Petróleo, SA (Madrid, Spain) (represented by: D. Beard QC, and M. Dean, Solicitor)

Defendant: European Commission (represented: initially by X. Lewis and F. Castillo de la Torre, subsequently by F. Castillo de la Torre and J. Bourke, and lastly by F. Castillo de la Torre and C. Urraca Caviedes, Agents)

Re:

Application, principally, for annulment in part of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen (Spain)) or, in the alternative, for reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:






1.


Sets the amount of the fine imposed on Nynas Petróleo, SA in Article 2 of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen (Spain)) at EUR 10 406 000, and the amount of the fine imposed on Nynäs Petroleum, AB in Article 2 of that decision at EUR 10 164 000;










2.


Dismisses the remaining heads of claim in the application;










3.


Orders each party to bear its own costs.






(1)  OJ C 51, 23.2.2008.