do-me/EUR-LEX huggingface dataset:
Case T-149/13: Order of the General Court of 15 October 2013 — Spain v Commission (Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Publication in the Official Journal — Inadmissibility)
Date: 2013-10-15
Institutions: General Court
Subjects: assistant, competition (EU), research staff








C_2013359EN.01001401.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/14





Order of the General Court of 15 October 2013 — Spain v Commission
(Case T-149/13) (1)

(Action for annulment - Period allowed for commencing proceedings - Point from which time starts to run - Publication in the Official Journal - Inadmissibility)
2013/C 359/26
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented: initially by S. Centeno Huerta, and subsequently by J. García-Valdecasas Dorrego, abogados del Estado)

Defendant: European Commission (represented by: J. Currall, J. Baquero Cruz and B. Eggers, acting as Agents)

Re:

Application for annulment of the Notice of Open Competition No EPSO/AST/126/12, to constitute a reserve list of assistants (AST 3), ‘Research’ sector, in the fields of ‘Biology, Life and Health Sciences’, ‘Chemistry’, ‘Physics and Materials Science’, ‘Nuclear Research’, ‘Civil and Mechanical Engineering’ and ‘Electrical Engineering and Electronics’ (OJ 2012, C 394 A, p.11)

Operative part of the order







1.


The action is dismissed as inadmissible;










2.


The Kingdom of Spain is ordered to bear its own costs and pay the costs incurred by the European Commission.






(1)  OJ C 123, 27.4.2013.
Case T-548/13: Action brought on 15 October 2013 — Aderans v OHIM — Ofer (VITALHAIR)
Date: 2013-10-15
Institutions: General Court
Subjects: EU trade mark, cosmetics industry, registered trade mark, trade-mark law








C_2013367EN.01003501.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/35





Action brought on 15 October 2013 — Aderans v OHIM — Ofer (VITALHAIR)
(Case T-548/13)
2013/C 367/62
Language in which the application was lodged: German

Parties


Applicant: Aderans Company Ltd (Tokyo, Japan) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gerhard Ofer (Troisdorf, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 August 2013 in Case R 1467/2012-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘VITALHAIR’ for goods in Classes 3, 21 and 26 — Community trade mark application No 7 254 378

Proprietor of the mark or sign cited in the opposition proceedings: Gerhard Ofer

Mark or sign cited in opposition: the Community word mark ‘Haar-Vital’ and the German figurative mark ‘HAARVITAL’ for goods and services in Classes 3, 26 and 44

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Articles 42(2) and (3) and 8(1)(b) of Regulation (EC) No 207/2009
Information communicated by Member States regarding closure of fisheries
Date: 2013-10-15
Institutions: European Commission
Subjects: EU waters, France, Norwegian Sea, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013299EN.01000302.xml










15.10.2013   


EN


Official Journal of the European Union


C 299/3





Information communicated by Member States regarding closure of fisheries
2013/C 299/04
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


23.9.2013




Duration


23.9.2013-31.12.2013




Member State


France




Stock or group of stocks


USK/1214EI




Species


Tusk (Brosme brosme)




Zone


EU and international waters of I, II and XIV




Type(s) of fishing vessels


—




Reference number


55/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-10-15
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








C_2013299EN.01000301.xml










15.10.2013   


EN


Official Journal of the European Union


C 299/3





Information communicated by Member States regarding closure of fisheries
2013/C 299/03
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


23.9.2013




Duration


23.9.2013-31.12.2013




Member State


France




Stock or group of stocks


HER/5B6ANB




Species


Herring (Clupea Harengus)




Zone


EU and international waters of Vb, VIb and VIaN




Type(s) of fishing vessels


—




Reference number


54/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2013-10-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2013299EN.01000101.xml










15.10.2013   


EN


Official Journal of the European Union


C 299/1





Euro exchange rates (1)

14 October 2013
2013/C 299/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3564




JPY


Japanese yen


133,19




DKK


Danish krone


7,4589




GBP


Pound sterling


0,84830




SEK


Swedish krona


8,7988




CHF


Swiss franc


1,2334




ISK


Iceland króna


 




NOK


Norwegian krone


8,1325




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,560




HUF


Hungarian forint


295,70




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,1828




RON


Romanian leu


4,4618




TRY


Turkish lira


2,6929




AUD


Australian dollar


1,4313




CAD


Canadian dollar


1,4041




HKD


Hong Kong dollar


10,5179




NZD


New Zealand dollar


1,6228




SGD


Singapore dollar


1,6886




KRW


South Korean won


1 454,56




ZAR


South African rand


13,4792




CNY


Chinese yuan renminbi


8,2830




HRK


Croatian kuna


7,6165




IDR


Indonesian rupiah


14 812,70




MYR


Malaysian ringgit


4,3150




PHP


Philippine peso


58,442




RUB


Russian rouble


43,7873




THB


Thai baht


42,462




BRL


Brazilian real


2,9507




MXN


Mexican peso


17,6773




INR


Indian rupee


83,3290






(1)  Source: reference exchange rate published by the ECB.
Case T-550/13: Action brought on 15 October 2013 — Hellenic Republic v Commission
Date: 2013-10-15
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF, Greece, agricultural expenditure, food processing, pip fruit, principle of legal certainty, stone fruit








C_2013377EN.01001701.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/17





Action brought on 15 October 2013 — Hellenic Republic v Commission
(Case T-550/13)
2013/C 377/40
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: I. Khalkias, X. Basakou and A. Vasilopoulou)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul the Commission’s final and definitive decision of 13 August 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2013) 5225 and published at OJ 2013 L 219), as regards the part relating to the Hellenic Republic;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on the following grounds for annulment:






 


By the first ground for annulment, relating to the correction in the aid scheme for the processing of peaches and pears, the Hellenic Republic contends that the imposition of corrections in 2013 after more than four years’ inaction on the part of the Commission regarding deficiencies in the control system, which relate to the financial years 2006 and 2007 and had already been identified in 2008, infringes the general principle of legal certainty and the general principles requiring action to be taken within a reasonable time and the Commission to act timeously, on account of the unjustifiable and excessive length of the procedure which is prejudicial to the Hellenic Republic in the present financial situation, and it constitutes an absolute financial surprise.










 


By the second ground for annulment, relating to the correction in the aid scheme for the processing of peaches and pears, the Hellenic Republic submits that the Commission, erring as to the facts and stating totally inadequate reasons, reached the conclusion that two key controls were not carried out and proposed a correction amounting to a flat rate of 10 %, and that the rate could not in any event exceed the rate of 5 % which is imposed in cases where deficiencies in key controls are found.










 


By the third ground for annulment, relating to the correction in the POSEI — Small Aegean Islands sector, the Hellenic Republic submits that the Commission decision lacks a specific statement of reasons so as to justify the correction imposed.
Case T-379/12: Judgment of the General Court of 15 October 2013 — Electric Bike World Ltd v OHIM — Brunswick (LIFECYCLE) (Community trade mark — Opposition proceedings — Application for Community word mark LIFECYCLE — Earlier national word mark LIFECYCLE — Partial refusal of registration by the Board of Appeal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)
Date: 2013-10-15
Institutions: General Court
Subjects: EU trade mark, clothing, leather, registered trade mark, trade-mark law, two-wheeled vehicle








C_2013352EN.01001501.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/15





Judgment of the General Court of 15 October 2013 — Electric Bike World Ltd v OHIM — Brunswick (LIFECYCLE)
(Case T-379/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LIFECYCLE - Earlier national word mark LIFECYCLE - Partial refusal of registration by the Board of Appeal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)
2013/C 352/27
Language of the case: English

Parties


Applicant: Electric Bike World Ltd (Southampton, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Brunswick Corp. (Lake Forest, Illinois, United States of America)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 May 2012 (Case R 2308/2011-1), relating to opposition proceedings between Brunswick Corp. and Electric Bike World Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Electric Bike World Ltd to pay the costs.






(1)  OJ C 355, 17.11.2012.
Case T-13/12: Order of the General Court of 15 October 2013 — Andechser Molkerei Scheitz v Commission (Application for annulment and compensation — Public health — List of food additives authorised in foodstuffs — Steviol glycosides — Application inadmissible or manifestly unfounded)
Date: 2013-10-15
Institutions: General Court
Subjects: crop production, food additive, market approval








C_2013359EN.01001202.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/12





Order of the General Court of 15 October 2013 — Andechser Molkerei Scheitz v Commission
(Case T-13/12) (1)

(Application for annulment and compensation - Public health - List of food additives authorised in foodstuffs - Steviol glycosides - Application inadmissible or manifestly unfounded)
2013/C 359/22
Language of the case: German

Parties


Applicant: Andechser Molkerei Scheitz GmbH (Andechs, Germany) (represented by: H. Schmidt, lawyer)

Defendant: European Commission (represented by: S. Grünheid and P. Ondrůšek, acting as Agents)

Re:

Application for annulment of Regulation (EU) No 1131/2011 of the Commission of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council with regard to steviol glycosides (OJ 2011 L 295, p. 205), in so far as it authorises the use of steviol glycosides extracted from the leaves of the Stevia rebaudiana Bertoni plant only as food additives and not as vegetable ingredients of agricultural origin or as aromatic preparations, and a claim for compensation.

Operative part of the order







1.


The application is dismissed.










2.


Andechser Molkerei Scheitz GmbH is ordered to bear its own costs and to pay those incurred by the Commission.






(1)  OJ C 89, 24.3.2012.
Case T-551/13: Action brought on 15 October 2013 — Radecki v OHIM — Vamed (AKTIVAMED)
Date: 2013-10-15
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2013367EN.01003601.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/36





Action brought on 15 October 2013 — Radecki v OHIM — Vamed (AKTIVAMED)
(Case T-551/13)
2013/C 367/64
Language in which the application was lodged: German

Parties


Applicant: Michael Radecki (Cologne, Germany) (represented by: C. Menebröcker and V. Töbelmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vamed AG (Vienna, Austria)

Form of order sought







—


Annul the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 July 2013 (Case R 365/2012-1);










—


order OHIM to bear its own costs and to pay the applicant’s costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Michael Radecki

Community trade mark concerned: Word mark ‘AKTIVAMED’ for goods and services in Classes 5, 11 and 44 — Community trade mark No 8 958 886

Proprietor of the mark or sign cited in the opposition proceedings: Vamed AG

Mark or sign cited in opposition: Austrian figurative marks and international registration ‘VAMED’ for goods and services in Classes 8, 9, 10, 11, 12, 16, 20, 21, 28, 35, 36, 37, 39, 41, 42, 43, 44 and 45

Decision of the Opposition Division: Opposition dismissed

Decision of the Board of Appeal: Decision of the Opposition Division annulled

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case T-474/10: Judgment of the General Court of 15 October 2013 — Evropaïki Dynamiki v European Commission (Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability)
Date: 2013-10-15
Institutions: General Court
Subjects: award of contract, contractual liability, equal treatment, indemnification, information system, invitation to tender, services contract, transparency in decision-making








C_2013352EN.01001202.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/12





Judgment of the General Court of 15 October 2013 — Evropaïki Dynamiki v European Commission
(Case T-474/10) (1)

(Public service contracts - Tender procedure - External service provision for development, studies and support for information systems (ESP DESIS II) - Classification of a tenderer - Award of the contract - Obligation to state reasons - Transparency - Equal treatment - Manifest error of assessment - Non-contractual liability)
2013/C 352/22
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens (Greece)) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers,)

Defendant: European Commission (represented initially by: N. Bambara and S. Delaude, and subsequently by S. Delaude, acting as Agents, and by O. Graber-Soudry, Solicitor,)

Re:

Application, first, for annulment of four Commission decisions communicated in four separate letters of 16 July 2010 to classify the applicant’s tender submitted in the context of the call for tenders DIGIT/R2/PO/2009/045, concerning ‘External service provision for development, studies and support for information systems’ (ESP DESIS II) (OJ 2009/S 198-283663), for Lot 1A in second place, for Lot 1B in third place, for Lot 1C in second place and for Lot 3 in third place, and also of all the related decisions of the Commission’s Directorate General for Informatics, including the decisions to award the respective contracts to the tenderers classified in first and second places; and, second, for damages,

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.






(1)  OJ C 346, 18.12.2010.
Case C-540/13: Action brought on 15 October 2013 — European Parliament v Council of the European Union
Date: 2013-10-15
Institutions: Court of Justice
Subjects: EU visa policy, European Council, European Parliament, action for annulment (EU), disclosure of information, exchange of information, legal basis, prevention of delinquency, terrorism








C_2013359EN.01000602.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/6





Action brought on 15 October 2013 — European Parliament v Council of the European Union
(Case C-540/13)
2013/C 359/09
Language of the case: French

Parties


Applicant: European Parliament (represented by: F. Drexler, A. Caiola, M. Pencheva, acting as Agents)

Defendant: Council of the European Union

Form of order sought

The European Parliament claims that the Court should:






—


annul Council Decision 2013/392/EU of 22 July 2013 fixing the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences; (1)











—


maintain the effects of Council Decision 2013/392/EU, until such time that it is replaced by a new act adopted in accordance with law;










—


order the defendant to pay the costs.





Pleas in law and main arguments

The European Parliament puts forward two pleas in law in support of its action.
First, the European Parliament disputes the Council’s use of an incorrect decision-making procedure for the adoption of Decision 2013/392/EU. The European Parliament should in fact have been involved in the adoption of the contested decision under an ordinary legislative procedure. Having not been involved with the adoption of the act, the European Parliament considers that the decision-making procedure followed by the Council is vitiated by an essential procedural requirement.
Second, the European Parliament alleges that the Council used either a legal basis which had been repealed by the entry into force of the Lisbon Treaty, or a secondary legal basis which is unlawful under the case-law of the Court of Justice.
Finally, should the Court of Justice decide to annul the contested decision, the Parliament considers that it would be appropriate for the Court to maintain the effects of the contested decision, in accordance with Article 264, second paragraph, TFEU, until such time that it is replaced by a new act adopted in accordance with law.


(1)  OJ 2013 L 198, p. 45.
Case T-148/13: Order of the General Court of 15 October 2013 — Spain v Commission (Action for annulment — Time-limit for instituting proceedings — Starting point — Publication in the Official Journal — Inadmissibility)
Date: 2013-10-15
Institutions: General Court
Subjects: accountant, assistant, audit, competition (EU)








C_2013359EN.01001303.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/13





Order of the General Court of 15 October 2013 — Spain v Commission
(Case T-148/13) (1)

(Action for annulment - Time-limit for instituting proceedings - Starting point - Publication in the Official Journal - Inadmissibility)
2013/C 359/25
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented initially by S. Centeno Huerta, then by M. J. García-Valdecasas Dorrego, abogados del Estado)

Defendant: European Commission (represented by: J. Currall, J. Baquero Cruz and B. Eggers, acting as Agents)

Re:

Application for annulment of notice of open competition EPSO/AST/125/12, for the drawing up of a reserve list for assistants (AST 3), in the fields ‘Audit’, ‘Finance/Accounting’ and ‘Economics/Statistics’ (OJ 2012 C 394 A, p. 1).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The Kingdom of Spain is ordered to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 123, 27.4.2013.
Winding-up proceedings — Decision to open winding-up proceedings in respect of apdrošināšanas akciju sabiedrību (AAS) ‘BALVA’ (Publication made 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: 2013-10-15
Institutions: European Commission
Subjects: Latvia, insurance company, judicial proceedings, liquidation








C_2013299EN.01000201.xml










15.10.2013   


EN


Official Journal of the European Union


C 299/2





Winding-up proceedings
Decision to open winding-up proceedings in respect of apdrošināšanas akciju sabiedrību (AAS) ‘BALVA’
(Publication made 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 299/02






Insurance undertaking


The insolvent AAS (apdrošināšanas akciju sabiedrība) Balva





E. Birznieka-Upīša iela 12




Rīga, LV-1050




LATVIJA




E-mail: balva@balva.lv








Date, entry into force and nature of the decision


On 22 July 2013 an extraordinary general meeting of the shareholders of AAS Balva passed a decision on the winding-up of AAS Balva.
On 12 August 2013, the Latvian Register of Enterprises passed Decision No 6-12/112/489/1 on making an entry in the commercial register regarding the winding-up proceedings through which AAS Balva was recognised as insolvent.




Competent authorities







Financial and Capital Market Commission




Kungu iela 1




Rīga, LV-1050




LATVIJA




E-mail: FKTK@FKTK.LV








Supervisory authority







Financial and Capital Market Commission




Kungu iela 1




Rīga, LV-1050




LATVIJA




E-mail: FKTK@FKTK.LV








Liquidator appointed







Mr Rolands Strazdiņš




E. Birznieka-Upīša iela 12




Rīga, LV-1050




LATVIJA








Applicable law


The Law on insurance companies and the supervision thereof
The Commercial Law