do-me/EUR-LEX huggingface dataset:
Case T-525/13: Action brought on 30 September 2013 — H&M Hennes & Mauritz/OHMI — Yves Saint Laurent (handbags)
Date: 2013-09-30
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2013359EN.01001503.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/15





Action brought on 30 September 2013 — H&M Hennes & Mauritz/OHMI — Yves Saint Laurent (handbags)
(Case T-525/13)
2013/C 359/30
Language in which the application was lodged: English

Parties


Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

Other party to the proceedings before the Board of Appeal: Yves Saint Laurent SAS (Paris, France)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the defendant’s Third Board of Appeal of 8 July 2013 in case R 207/2012-3;










—


declare the registered Community design No. 613294-0001 invalid;










—


order the defendant to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal;










—


furthermore, in case the other party intervenes in this case, order Yves Saint Laurent SAS to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal.





Pleas in law and main arguments


Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product ‘Handbags’ — registered Community design No 613294-0001.

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

Applicant for the declaration of invalidity of the Community design: The applicant

Grounds for the application for a declaration of invalidity: Lack of individual character based on Article 6 of Council Regulation No 6/2002

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Violation of Article 6 of Council Regulation No 6/2002.
Case F-124/11: Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2013 — Possanzini, v Frontex (Civil service — Frontex staff — Temporary staff — Career development report containing negative assessments of the reporting officer not communicated to the person concerned — Non-renewal of a fixed-term contract — Decision based on the opinion of the reporting officer — Rights of defence — Infringement — Dispute of a financial character — Unlimited jurisdiction)
Date: 2013-09-30
Institutions: Civil Service Tribunal
Subjects: damages, indemnification, report, rights of the defence, servant (EU), work contract








C_2014071EN.01003002.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/30






Judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2013 — Possanzini, v Frontex
(Case F-124/11) (1)

(Civil service - Frontex staff - Temporary staff - Career development report containing negative assessments of the reporting officer not communicated to the person concerned - Non-renewal of a fixed-term contract - Decision based on the opinion of the reporting officer - Rights of defence - Infringement - Dispute of a financial character - Unlimited jurisdiction)
(2014/C 71/57)
Language of the case: English

Parties


Applicant: Daniele Possanzini (Pisa, Italy) (represented by: S. Pappas, lawyer)

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: S. Vuorensola and H. Caniard, Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

Action for annulment of the decision to revoke the decision to renew the applicant’s temporary employment contract.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 28 March 2011 not to renew the contract of Mr Possanzini as a member of the temporary staff, adopted by the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union;










2.


Orders the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to pay Mr Possanzini the sum of EUR 5 000 by way of damages;










3.


Declares that the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union shall bear its own costs and orders it to pay the costs incurred by Mr Possanzini.






(1)  OJ C 25, 28. 1. 2012, p. 72.
Case F-38/12: Judgment of the Civil Service Tribunal (Second Chamber) of 30.9.2013 BP v FRA (Civil service — Staff of the European Union Agency for Fundamental Rights — Member of the contract staff — Non-renewal of a fixed-term contract for an indefinite period — Reassignment to another department until expiry of the contract — Action for annulment — Action for damages)
Date: 2013-09-30
Institutions: Civil Service Tribunal
Subjects: indemnification, servant (EU), termination of a contract, work contract








C_2014071EN.01003201.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/32






Judgment of the Civil Service Tribunal (Second Chamber) of 30.9.2013 BP v FRA
(Case F-38/12) (1)

(Civil service - Staff of the European Union Agency for Fundamental Rights - Member of the contract staff - Non-renewal of a fixed-term contract for an indefinite period - Reassignment to another department until expiry of the contract - Action for annulment - Action for damages)
(2014/C 71/60)
Language of the case: English

Parties


Applicant: BP (Barcelona, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights (FRA) (represented by: M. Kjærum, acting as Agent, and B. Wägenbaur, lawyer)

Re:

Action for annulment of the decision of the European Union Agency for Fundamental Rights not to renew the applicant’s contract as a member of the contract staff and of the decision to transfer the applicant to another department of the Agency, and a claim for damages for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Declares that BP shall bear all her own costs and orders her to pay all costs incurred by the European Union Agency for Fundamental Rights.






(1)  OJ C 138, 12.5.2012 p. 37.
Case T-526/13: Action brought on 30 September 2013 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (handbags)
Date: 2013-09-30
Institutions: General Court
Subjects: EU trade mark, designs and models, fancy leather goods and glove-making industry, registered trade mark, trade-mark law








C_2013359EN.01001601.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/16





Action brought on 30 September 2013 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (handbags)
(Case T-526/13)
2013/C 359/31
Language in which the application was lodged: English

Parties


Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

Other party to the proceedings before the Board of Appeal: Yves Saint Laurent SAS (Paris, France)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 July 2013 given in Case R 208/2012-3;










—


Declare the registered Community design No 61 3294-0002 invalid; and










—


Order the defendant to pay the costs of proceedings, including those incurred before the Board of Appeal.





Pleas in law and main arguments


Registered Community design in respect of which a declaration of invalidity has been sought: A design for the product ‘handbags’ in Class 03-01 — registered Community design No 61 3294-0002

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

Applicant for the declaration of invalidity of the Community design: The applicant

Grounds for the application for a declaration of invalidity: The grounds were those laid down in Articles 4 to 9 and 25(1)(c), (d), (e), (f) and (g) of Council Regulation No 6/2002

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 6 of Council Regulation No 6/2002.
Case T-528/13: Action brought on 30. September 2013 — Kenzo/OHIM — Tsujimoto (KENZO ESTATE)
Date: 2013-09-30
Institutions: General Court
Subjects: EU trade mark, foodstuff, registered trade mark, trade-mark law








C_2013367EN.01003201.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/32





Action brought on 30. September 2013 — Kenzo/OHIM — Tsujimoto (KENZO ESTATE)
(Case T-528/13)
2013/C 367/56
Language in which the application was lodged: English

Parties


Applicant: Kenzo (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

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

Other party to the proceedings before the Board of Appeal: Kenzo Tsujimoto (Osaka, Japan)

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far as it accepted International registration No. 1016724 designating the European Union for the mark ‘Kenzo Estate’ for: ‘Olive oil (for food); grape seed oil (for food); edible oils and fats; raisins; processed vegetables and fruits; frozen vegetables; frozen fruits; raw pulses; processed meat products; processed seafood’ in class 29; ‘Confectionery, bread and buns; wine vinegar; olive dressing; seasonings (other than spices); spices; sandwiches; pizzas; hot dogs (sandwiches); meat pies; ravioli’ in class 30; and ‘Grapes (fresh); olives (fresh); fruits (fresh); vegetables (fresh); seeds and bulbs’ in class 31;










—


order OHIM to pay the costs incurred by the applicant during these proceedings;










—


order Kenzo Tsujimoto to pay the costs incurred by the applicant in the proceedings.





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: The word mark ‘KENZO ESTATE’ for goods and services in classes 29, 30, 31, 35, 41 and 43 — International Registration No W 1 016 724

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

Mark or sign cited in opposition: Community trade mark ‘KENZO’ for goods in classes 3, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal in part

Pleas in law: Infringement of Article 8(5) of Council Regulation No 207/2009.
2013/484/EU: Council Decision of 30 September 2013 appointing a Spanish member of the Committee of the Regions
Date: 2013-09-30
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2013263EN.01001701.xml










5.10.2013   


EN


Official Journal of the European Union


L 263/17








            COUNCIL DECISION
         
of 30 September 2013
         
appointing a Spanish member of the Committee of the Regions
(2013/484/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Antonio GRIÑÁN MARTÍNEZ,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Ms Susana DÍAZ PACHECO, Presidenta de la Junta de Andalucía.






Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 30 September 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.