do-me/EUR-LEX huggingface dataset:
Case T-501/13: Action brought on 18 September 2013 — May v OHIM — Constantin Film Produktion (WINNETOU)
Date: 2013-09-18
Institutions: General Court
Subjects: EU trade mark, audiovisual production, registered trade mark, trade-mark law








C_2013336EN.01002801.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/28





Action brought on 18 September 2013 — May v OHIM — Constantin Film Produktion (WINNETOU)
(Case T-501/13)
2013/C 336/59
Language in which the application was lodged: German

Parties


Applicant: Karl May Verwaltungs- und Vertriebs- GmbH (Bamberg, Germany) (represented by: M. Pejman, lawyer)

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

Other party to the proceedings before the Board of Appeal: Constantin Film Produktion GmbH (Munich, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of 9 July 2013 in Case R 125/2012-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘WINNETOU’ for goods and services in Classes 3, 9, 14, 16, 18, 21, 24, 25, 28, 29, 30, 39, 41, 42 and 43 (Community trade mark No 2 735 017)

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Constantin Film Produktion GmbH

Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7 of Regulation No 207/2009

Decision of the Cancellation Division: the application for a declaration of invalidity was rejected

Decision of the Board of Appeal: the Cancellation Division’s decision was annulled and the Community trade mark was declared invalid in part

Pleas in law: Infringement of the principle of the autonomy and independence of the Community trade mark and of the Community trade mark regime and infringement of Articles 76 and 7(1)(b) and (c) of Regulation No 207/2009
Case C-502/13: Action brought on 18 September 2013 — European Commission v Grand-Duchy of Luxembourg
Date: 2013-09-18
Institutions: Court of Justice
Subjects: VAT rate, book trade, electronic publishing








C_2013344EN.01004902.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/49





Action brought on 18 September 2013 — European Commission v Grand-Duchy of Luxembourg
(Case C-502/13)
2013/C 344/86
Language of the case: French

Parties


Applicant: European Commission (represented by: F. Dintilhac, C. Soulay, acting as Agents)

Defendant: Grand-Duchy of Luxembourg

Form of order sought







—


declare that, by applying a VAT rate of 3 % to digital books (or electronic books), the Grand-Duchy of Luxembourg failed to fufil its obligations under Articles 96 to 99, 110 and 114 of the VAT directive, (1) read in conjunction with Annexes II and III to that directive and its implementing regulation, (2)











—


order Grand-Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

The Commission raises a single plea in law in support of its action, alleging that, by subjecting the supply of electronic books to a super-reduced rate of 3 % from 1 January 2012, the national legislation is not compatible with the VAT directive.
According to the Commission, the application of a reduced rate of VAT is incompatible with the wording of Articles 96 and 98 of the VAT directive, in so far as such a rate may be applied only to the supplies of goods and services referred to in Annex III to that directive. In the absence of express mention of the supply of digital books in that annex, the latter may not enjoy a reduced rate of VAT. That is moreover confirmed by the wording of the second subparagraph of Article 98(2), which explicitly excludes electronically supplied services from the benefit of reduced rates of VAT, and by the adoption by the VAT Committee of guidelines according to which reduced rates of VAT do not apply to the supply of digital books.
The Commission considers also that the reduced rate of 3 %, that is to say a rate which is below the minimum rate of 5 % fixed by Article 99 of the VAT directive, to the supply of digital books, may not be covered by the exception provided for by Article 110 of the VAT directive, or in accordance with Article 114 of that directive.


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).

(2)  Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for the VAT directive (OJ 2011 L 77, p. 1).
Euro exchange rates
Date: 2013-09-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2013269EN.01000101.xml










18.9.2013   


EN


Official Journal of the European Union


C 269/1





Euro exchange rates (1)

17 September 2013
2013/C 269/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3356




JPY


Japanese yen


132,44




DKK


Danish krone


7,4572




GBP


Pound sterling


0,83970




SEK


Swedish krona


8,6352




CHF


Swiss franc


1,2375




ISK


Iceland króna


 




NOK


Norwegian krone


7,8655




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,718




HUF


Hungarian forint


299,13




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7027




PLN


Polish zloty


4,2208




RON


Romanian leu


4,4808




TRY


Turkish lira


2,6839




AUD


Australian dollar


1,4279




CAD


Canadian dollar


1,3774




HKD


Hong Kong dollar


10,3564




NZD


New Zealand dollar


1,6249




SGD


Singapore dollar


1,6833




KRW


South Korean won


1 446,12




ZAR


South African rand


13,1380




CNY


Chinese yuan renminbi


8,1759




HRK


Croatian kuna


7,6095




IDR


Indonesian rupiah


14 935,24




MYR


Malaysian ringgit


4,3327




PHP


Philippine peso


58,194




RUB


Russian rouble


43,1500




THB


Thai baht


42,379




BRL


Brazilian real


3,0395




MXN


Mexican peso


17,2693




INR


Indian rupee


84,6400






(1)  Source: reference exchange rate published by the ECB.
Case T-502/13: Action brought on 18 September 2013 — ASPA v OHIM — Banco Bilbao Vizcaya Argentaria (ARGENTARIA)
Date: 2013-09-18
Institutions: General Court
Subjects: EU trade mark, bank, registered trade mark, trade-mark law








C_2013352EN.01001603.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/16





Action brought on 18 September 2013 — ASPA v OHIM — Banco Bilbao Vizcaya Argentaria (ARGENTARIA)
(Case T-502/13)
2013/C 352/31
Language in which the application was lodged: English

Parties


Applicant: Argenta Spaarbank NV (ASPA) (Antwerp, Belgium) (represented by: K. De Winter and M. De Vroey, lawyers)

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

Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)

Form of order sought

The applicant claims that the 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 15 July 2013 given in Case R 1581/2011-4.





Pleas in law and main arguments


Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘ARGENTARIA’ for goods and services in Classes 1 to 42 — Community trade mark No 159 707

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Declared the cancellation proceedings closed following the surrender of the contested services by the CTM proprietor

Decision of the Board of Appeal: Dismissed the appeal as inadmissible

Pleas in law: Infringement of Articles 51 (1)(a) and 80 CTMR.
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013269EN.01000402.xml










18.9.2013   


EN


Official Journal of the European Union


C 269/4





Information communicated by Member States regarding closure of fisheries
2013/C 269/05
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


17.8.2013




Duration


17.8.2013-31.12.2013




Member State


France




Stock or group of stocks


RED/51214D.




Species


Redfish (deep pelagic) (Sebastes spp.)




Zone


EU and international waters of V; international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


38/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union’ COM(2013) 417 final — 2013/0191 (COD) and on the ‘Proposal for a Directive of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union’ COM(2013) 418 final — 2013/0192 (COD)
Date: 2013-09-18
Institutions: European Economic and Social Committee
Subjects: France, Mayotte, conservation of fish stocks, fishery product, fishing controls, fishing net, fishing vessel, intensive livestock farming, labelling, laying poultry, occupational safety, peripheral region, public health, ship's flag, waste management, water management








C_2013341EN.01009701.xml










21.11.2013   


EN


Official Journal of the European Union


C 341/97





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union’
COM(2013) 417 final — 2013/0191 (COD)
and on the
‘Proposal for a Directive of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union’
COM(2013) 418 final — 2013/0192 (COD)
2013/C 341/22
On 1 July 2013 the European Parliament, and on 27 June and 16 July 2013 respectively the Council, decided to consult the European Economic and Social Committee, under Article 43(2), Article 141, Article 153(2), Article 168 and Article 192(1) of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union

COM(2013) 417 final — 2013/0191 (COD)
and on the

Proposal for a Directive of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union

COM(2013) 418 final — 2013/0192 (COD).
Since the Committee endorses the content of the proposals and feels that it requires no comments on its part, it decided, at its 492nd plenary session of 18 and 19 September 2013 (meeting of 18 September 2013), by 170 votes to 6 with 12 abstentions, to issue an opinion endorsing the proposed text.
 

Brussels, 18 September 2013.


The President of the European Economic and Social Committee

Henri MALOSSE
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State’ COM(2013) 311 final — 2013/0162 (COD)
Date: 2013-09-18
Institutions: European Economic and Social Committee
Subjects: EU Member State, cultural heritage, free movement of goods, heritage protection, illicit trade








C_2013341EN.01009801.xml










21.11.2013   


EN


Official Journal of the European Union


C 341/98





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State’
COM(2013) 311 final — 2013/0162 (COD)
2013/C 341/23
On 10 June and 24 June 2013, the European Parliament and the Council respectively decided to consult the European Economic and Social Committee, under Article 114 and 304 of the Treaty on the Functioning of the European Union, on the

Proposal for a Directive of the European Parliament and of the Council on the Return of cultural objects unlawfully removed from the territory of a Member State (Recast)

COM(2013) 311 final — 2013/0162 (COD).
Since the Committee endorses the contents of the proposal, it decided at its 492nd plenary session of 18 and 19 September 2013 (meeting of 18 September), by 192 votes in favour with 10 abstentions, to issue an opinion endorsing the proposed text.
 

Brussels, 18 September 2013.


The President of the European Economic and Social Committee

Henri MALOSSE
Commission Regulation (EU) No 900/2013 of 18 September 2013 establishing a prohibition of fishing for plaice in areas VIIh, VIIj and VIIk by vessels flying the flag of Ireland
Date: 2013-09-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Ireland, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013250EN.01003001.xml










20.9.2013   


EN


Official Journal of the European Union


L 250/30








            COMMISSION REGULATION (EU) No 900/2013
of 18 September 2013
         
establishing a prohibition of fishing for plaice in areas VIIh, VIIj and VIIk by vessels flying the flag of Ireland


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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, 18 September 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 1.




ANNEX






No


44/TQ39




Member State


Ireland




Stock


PLE/7HJK.




Species


Plaice (Pleuronectes platessa)




Zone


VIIh, VIIj and VIIk




Date


21.8.2013
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-18
Institutions: European Commission
Subjects: Netherlands, North Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013269EN.01000501.xml










18.9.2013   


EN


Official Journal of the European Union


C 269/5





Information communicated by Member States regarding closure of fisheries
2013/C 269/06
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


26.8.2013




Duration


26.8.2013-31.12.2013




Member State


The Netherlands




Stock or group of stocks


MAC/*3A4BC




Species


Mackerel (Scomber scombrus)




Zone


IIIa and IVbc




Type(s) of fishing vessels


—




Reference number


46/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Implementing Regulation (EU) No 895/2013 of 18 September 2013 amending for the 202nd 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: 2013-09-18
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2013249EN.01000101.xml










19.9.2013   


EN


Official Journal of the European Union


L 249/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 895/2013
of 18 September 2013
         
amending for the 202nd 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 11 September 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one 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, 18 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:


            ‘Mufti Rashid Ahmad Ladehyanoy (alias (a) Ludhianvi, Mufti Rashid Ahmad, (b) Ahmad, Mufti Rasheed, (c) Wadehyanoy, Mufti Rashid Ahmad). Nationality: Pakistani. Other information: (a) Founder of Al-Rashid Trust; (b) Reportedly deceased in Pakistan on 18 Feb. 2002. Date of designation referred to in Article 2a (4) (b): 17.10.2001.’
Case F-89/13: Action brought on 18 September 2013 — ZZ v Commission
Date: 2013-09-18
Institutions: Civil Service Tribunal
Subjects: European civil service, disability insurance








C_2014024EN.01003903.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/39





Action brought on 18 September 2013 — ZZ v Commission
(Case F-89/13)
2014/C 24/73
Language of the case: Italian

Parties


Applicant: ZZ (represented by: L. Mansullo, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decisions to recover the sum of EUR 504.67 by withholding that sum from the applicant’s invalidity allowance for the each of the three months from January to March 2013.

Form of order sought







—


Annul the decisions, contained in the applicant’s pension statements for the months January to March 2013, to withhold EUR 504,67 from the invalidity allowance to which the applicant was entitled in respect of those months;










—


in so far as necessary, annul the decision, whatever the form in which it was adopted, rejecting the complaint of 13 April 2013 against those decisions;










—


annul each decision contained in the note of 22 April 2013 bearing the reference ‘Ref Ares(2013)790217’ in the top right-hand corner of the first page of that note;










—


order the Commission to pay to the applicant the following sums: (1) EUR 504.67 together with interest on that sum at the rate of 10 % per annum and annual capitalisation from 1 February 2013 until actual payment of that sum; (2) EUR 504,67 together with interest on that sum at the rate of 10 % per annum and annual capitalisation from 1 March 2013 until actual payment of that sum; (3) EUR 504,67 together with interest on that sum at the rate of 10 % per annum and annual capitalisation from 1 April 2013 until actual payment of that sum;










—


order the Commission to pay the costs.
Winding-up proceedings — Decision to initiate winding-up proceedings against ΔΙΕΘΝΗΣ ΕΝΩΣΙΣ Α.Α.Ε. (International Union Insurances SA) (Publication in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
Date: 2013-09-18
Institutions: European Commission
Subjects: Greece, insurance company, judicial proceedings, liquidation








C_2013269EN.01000301.xml










18.9.2013   


EN


Official Journal of the European Union


C 269/3





Winding-up proceedings
Decision to initiate winding-up proceedings against ΔΙΕΘΝΗΣ ΕΝΩΣΙΣ Α.Α.Ε. (International Union Insurances SA)
(Publication in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
2013/C 269/03






Insurance undertaking


ΔΙΕΘΝΗΣ ΕΝΩΣΙΣ Α.Α.Ε., with its registered office in Athens





Ilia Iliou 66




117 44 Athens




GREECE








Date, entry into force and type of decision


Decision No 84/1 of 16 July 2013 of the Credit and Insurance Committee of the Bank of Greece to permanently withdraw the operating licence of the company and to wind it up
Entry into force: 16 July 2013




Competent authorities


Bank of Greece, Department of Private Insurance Supervision
Address:





E. Venizelos Avenue 21




102 50 Athens




GREECE








Supervisory authorities


Bank of Greece, Department of Private Insurance Supervision
Address:





E. Venizelos Avenue 21




102 50 Athens




GREECE








Appointed liquidator


Antigoni Vafeidou
(Winding-up supervisor)
Address:





Pindarou 12




106 71 Athens




GREECE








Applicable law


Greek law in accordance with the provisions of Article 3(3), Articles 7 to 9 and 17(a) to 17(c) of Decree-Law No 400/1970