do-me/EUR-LEX huggingface dataset:
Case T-285/12: Judgment of the General Court of 2 October 2013 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG) (Community trade mark — Opposition proceedings — Application for the Community word mark BOOMERANG — Earlier Community figurative mark BoomerangTV — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-10-02
Institutions: General Court
Subjects: EU trade mark, registered trade mark, television, trade-mark law








C_2013344EN.01005501.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/55





Judgment of the General Court of 2 October 2013 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)
(Case T-285/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark BOOMERANG - Earlier Community figurative mark BoomerangTV - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 344/97
Language of the case: English

Parties


Applicant: The Cartoon Network, Inc. (Wilmington, United States) (represented by: I. Starr, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Boomerang TV, SA (Madrid, Spain) (represented by: A. Canela Giménez, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 April 2012 (Case R 699/2011-2) concerning opposition proceedings between Boomerang TV, SA and The Cartoon Network, Inc.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders The Cartoon Network, Inc. to pay the costs.






(1)  OJ C 273, 8.9.2012.
Commission Regulation (EU) No 950/2013 of 2 October 2013 establishing a prohibition of fishing for Norway lobster in IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2013-10-02
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, Portugal, catch by species, catch quota, crustacean, fishing area, fishing rights, sea fishing, ship's flag








L_2013262EN.01000501.xml










4.10.2013   


EN


Official Journal of the European Union


L 262/5








            COMMISSION REGULATION (EU) No 950/2013
of 2 October 2013
         
establishing a prohibition of fishing for Norway lobster in IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal


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, 2 October 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


53/TQ39




Member State


Portugal




Stock


NEP/9/3411




Species


Norway lobster (Nephrops Norvegicus)




Zone


IX and X; EU waters of CECAF 34.1.1




Date


14.9.2013
Commission Regulation (EU) No 948/2013 of 2 October 2013 establishing a prohibition of fishing for herring in Union waters of Subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Poland
Date: 2013-10-02
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Poland, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013262EN.01000101.xml










4.10.2013   


EN


Official Journal of the European Union


L 262/1








            COMMISSION REGULATION (EU) No 948/2013
of 2 October 2013
         
establishing a prohibition of fishing for herring in Union waters of Subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Poland


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 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (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, 2 October 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 323, 22.11.2012, p. 2.




ANNEX






No


51/BAL




Member State


Poland




Stock


HER/3D-R30




Species


Herring (Clupea harengus)




Zone


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




Date


5.9.2013
European Commission 2010-14.
Date: 2013-10-02
Institutions: European Commission
Subjects: European Commission, operation of the Institutions, organisation chart

European Commission 2010–14

José Manuel 
Barroso 
Portuguese
President

Siim
Kallas

Estonian
Vice-President

Transport

Olli  
Rehn 

Finnish
Vice-President
Economic 
 and Monetary Affairs  
and the Euro

Androulla 
Vassiliou 

Cypriot

Education, Culture, 
Multilingualism 
and Youth

Janusz 
Lewandowski 
Polish

Financial  
Programming  
and Budget

Johannes  
Hahn 

Austrian

Regional  
Policy

Cecilia 
Malmström 

Swedish

Home Affairs

)
s
e
c
fi
f
O

t

n
e
m
n
r
e
v
o
G
h
s
d
e
w
S
d
o
b

/

l

i

j
i

e
S

r
a
n
n
u
G

:

m
ö
r
t
s
m
a
M
a

l

i
l
i

c
e
C

(

/

P
E
C
E

:
s
o
t
o
h
P

Catherine  
Ashton 

British
Vice-President

High Representative of the 
Union for Foreign Affairs 
and Security Policy 

Neelie  
Kroes 
Dutch
Vice-President

Digital Agenda

Janez  
Potočnik 

Slovenian

Viviane  
Reding 
Luxembourgish
Vice-President

Justice, Fundamental 
Rights and  
Citizenship

Antonio  
Tajani

Italian
Vice-President

Industry and 
Entrepreneurship

Andris  
Piebalgs 

Latvian

Environment

Development

Algirdas 
Šemeta 
Lithuanian

Taxation, Customs, 
Statistics, Audit  
and Anti-Fraud

Maria  
Damanaki

Greek

Maritime Affairs  
and Fisheries 

Connie  
Hedegaard 
Danish

Climate  
Action

Dacian  
Cioloş 
Romanian

Agriculture  
and Rural  
Development

Karel  
De Gucht 
Belgian

Trade

Kristalina 
Georgieva 

Bulgarian
International  
Cooperation, Huma-
nitarian Aid and Crisis 
Response

Štefan  
Füle 

Czech
Enlargement  
and European  
Neighbourhood  
Policy

Tonio  
Borg 

Maltese

Joaquín  
Almunia
 Spanish

Vice-President

Competition

Maroš 
Šefčovič 

Slovakian
Vice-President 
Interinstitutional 
Relations and 
Administration

Michel  
Barnier 
French

Internal  
Market  
and Services

Máire
Geoghegan-
Quinn 

Irish
Research,  
Innovation  
and Science

Günther  
Oettinger 
German

Energy

László  
Andor 

Hungarian

Employment,  
Social Affairs  
and Inclusion

Neven  
Mimica 

Croat

Health

Consumer Policy

-

D
N
E
-
1
7
2
-
3
1
-
3
0
-
A
N
Case T-542/13: Action brought on 2 October 2013 — Netherlands v Commission
Date: 2013-10-02
Institutions: General Court
Subjects: carriage of passengers, liberalisation of the market, rail transport








C_2013344EN.01006701.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/67





Action brought on 2 October 2013 — Netherlands v Commission
(Case T-542/13)
2013/C 344/123
Language of the case: Dutch

Parties


Applicant: Kingdom of the Netherlands (represented by: J. Langer and M. Bulterman, acting as Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul Commission Decision C(2013) 4474 final of 18 July 2013 on the non-application of certain provisions of the Decree of the Kingdom of the Netherlands of 8 June 2012 establishing detailed rules with regard to the liberalisation of international rail passenger transport;










—


order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of its action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that the Commission wrongly based the contested decision on Article 61 of Directive 2012/34/EU. (1) The applicant argues that, if the Commission is not in agreement with the manner in which the Netherlands legislature implements the Directive, it may make use of Article 258 TFEU.










2.


Second plea in law, alleging an infringement of the principle of the rights of the defence, the principle of legitimate expectations and the principle of loyal cooperation, following expiry of the ‘EU Pilot’, (2) in declaring Netherlands legislation inapplicable by virtue of Article 61 of Directive 2012/34/EU. The applicant argues that it was reasonably entitled to assume, when answering the Commission’s questions under ‘EU Pilot’, that the shared information would be used by the Commission exclusively in (the event of) infringement proceedings.










3.


Third plea in law, alleging defective grounds and an incorrect interpretation of Directive 2012/34/EU in that it was held that the criteria for determining ‘the principal purpose of the service’, within the meaning of Article 10(3) of the Directive, may not be determined in advance, and in that it was held that it is for the regulatory body to set out the criteria for determining ‘economic equilibrium’ within the meaning of Article 11(2).






(1)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ 2012 L 343, p. 32).

(2)  See the communication of the Commission ‘A Europe of Results — Applying Community Law’ (COM(2007) 502 final).
Interest rate applied by the European Central Bank to its main refinancing operations: 0,50 % on 1 October 2013 — Euro exchange rates
Date: 2013-10-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest








C_2013286EN.01000101.xml










2.10.2013   


EN


Official Journal of the European Union


C 286/1





Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,50 % on 1 October 2013
Euro exchange rates (2)

1 October 2013
2013/C 286/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3554




JPY


Japanese yen


132,60




DKK


Danish krone


7,4582




GBP


Pound sterling


0,83450




SEK


Swedish krona


8,6329




CHF


Swiss franc


1,2253




ISK


Iceland króna


 




NOK


Norwegian krone


8,1310




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,647




HUF


Hungarian forint


296,07




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7027




PLN


Polish zloty


4,2308




RON


Romanian leu


4,4485




TRY


Turkish lira


2,7270




AUD


Australian dollar


1,4388




CAD


Canadian dollar


1,3962




HKD


Hong Kong dollar


10,5113




NZD


New Zealand dollar


1,6363




SGD


Singapore dollar


1,6970




KRW


South Korean won


1 456,51




ZAR


South African rand


13,6385




CNY


Chinese yuan renminbi


8,2972




HRK


Croatian kuna


7,6158




IDR


Indonesian rupiah


15 390,11




MYR


Malaysian ringgit


4,3855




PHP


Philippine peso


58,692




RUB


Russian rouble


43,6540




THB


Thai baht


42,234




BRL


Brazilian real


3,0107




MXN


Mexican peso


17,8057




INR


Indian rupee


84,8790






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) No 963/2013 of 2 October 2013 entering a name in the register of protected designations of origin and protected geographical indications (Carn d’Andorra (PGI))
Date: 2013-10-02
Institutions: European Commission
Subjects: Andorra, beef, designation of origin, fresh meat, product designation








L_2013268EN.01000301.xml










10.10.2013   


EN


Official Journal of the European Union


L 268/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 963/2013
of 2 October 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Carn d’Andorra (PGI))


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 entered into force on 3 January 2013. It 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)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, the Principality of Andorra’s application to register the name ‘Carn d’Andorra’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 2 October 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 C 356, 20.11.2012, p. 5.




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

Class 1.1.   Fresh meat (and offal)

PRINCIPALITY OF ANDORRA
Carn d’Andorra (PGI)
Commission Regulation (EU) No 949/2013 of 2 October 2013 establishing a prohibition of fishing for blue ling in EU and international waters of II and IV by vessels flying the flag of the United Kingdom
Date: 2013-10-02
Institutions: European Commission
Subjects: EU waters, North Sea, Norwegian Sea, United Kingdom, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2013262EN.01000301.xml










4.10.2013   


EN


Official Journal of the European Union


L 262/3








            COMMISSION REGULATION (EU) No 949/2013
of 2 October 2013
         
establishing a prohibition of fishing for blue ling in EU and international waters of II and IV by vessels flying the flag of the United Kingdom


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, 2 October 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


52/TQ39




Member State


United Kingdom




Stock


BLI/24-




Species


Blue ling (Molva dypterygia)




Zone


EU and international waters of II and IV




Date


2.9.2013
Case F-111/12: Judgment of the Civil Service Tribunal (Third Chamber) of 2 October 2013 — Nardone v Commission (Civil Service — Former official — Exposure to asbestos and to other substances — Occupational disease — Accident — Article 73 of the Staff Regulations — Medical Committee — Reasons — Action for damages — Length of the proceedings)
Date: 2013-10-02
Institutions: Civil Service Tribunal
Subjects: European civil service, asbestos, indemnification, medical report, occupational disease








C_2013336EN.01003101.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/31





Judgment of the Civil Service Tribunal (Third Chamber) of 2 October 2013 — Nardone v Commission
(Case F-111/12) (1)

(Civil Service - Former official - Exposure to asbestos and to other substances - Occupational disease - Accident - Article 73 of the Staff Regulations - Medical Committee - Reasons - Action for damages - Length of the proceedings)
2013/C 336/68
Language of the case: French

Parties


Applicant: Albert Nardone (Piétrain, Belgium) (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall and V. Joris, acting as Agents)

Re:

Application for annulment of the Commission’s decision to accept the findings of the Medical Committee ruling on the applicant’s level of disability and the occupational origin of his disease.

Operative part of the judgment

The Tribunal:






1.


Orders the European Commission to pay Mr Nardone default interest for the period between 1 March 2006 and 15 July 2010 on the amount of EUR 8 448,51 at the rate fixed by the European Central Bank for main refinancing operations and applicable to the period in question, increased by two points, and the sum of EUR 3 000;










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to bear its own costs and to pay one quarter of the costs incurred by Mr Nardone;










4.


Orders Mr Nardone to bear three quarters of his own costs.






(1)  OJ C 379, 8.12.2012, p. 35.
Information communicated by Member States regarding closure of fisheries
Date: 2013-10-02
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013286EN.01000201.xml










2.10.2013   


EN


Official Journal of the European Union


C 286/2





Information communicated by Member States regarding closure of fisheries
2013/C 286/02
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


8.9.2013




Duration


8.9.2013-31.12.2013




Member State


Portugal




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


49/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-262/13: Order of the President of the Court of 2 October 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Ekkehard Aleweld v Condor Flugdienst GmbH
Date: 2013-10-02
Institutions: Court of Justice
Subjects: Germany, air transport, carriage of passengers, consumer protection, indemnification, interpretation of the law








C_2013377EN.01001002.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/10





Order of the President of the Court of 2 October 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Ekkehard Aleweld v Condor Flugdienst GmbH
(Case C-262/13) (1)

2013/C 377/23
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 215, 27.7.2013.