do-me/EUR-LEX huggingface dataset:
Judgment of the Court (Tenth Chamber) of 24 October 2013 — Kone Oyj, Kone GmbH, Kone BV v European Commission (C-510/11 P) (Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Notice on immunity from fines and reduction of fines in cartel cases — Effective judicial remedy)
Date: 2013-10-24
Institutions: Court of Justice
Subjects: Belgium, Germany, Luxembourg, Netherlands, award of contract, exchange of information, fine, fixing of prices, imprisonment, invitation to tender, lift, maintenance, market-sharing agreement, payment, restriction on competition








C_2013367EN.01000202.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/2





Judgment of the Court (Tenth Chamber) of 24 October 2013 — Kone Oyj, Kone GmbH, Kone BV v European Commission
(C-510/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Market for the installation and maintenance of elevators and escalators - Fines - Notice on immunity from fines and reduction of fines in cartel cases - Effective judicial remedy)
2013/C 367/03
Language of the case: English

Parties


Appellants: Kone Oyj, Kone GmbH, Kone BV (represented by: T. Vinje, Solicitor, D. Paemen, avocat, and A. Tomtsis, dikigoros,)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and R. Sauer, acting as Agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 July 2011 in Case T-151/07 Kone and Others v Commission, by which the General Court dismissed an action for annulment or reduction of the fine imposed on the applicants by Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E 1/38.823 — Elevators and Escalators), concerning a cartel in the market for the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg and the Netherlands, concerning bid-rigging, market-sharing, price-fixing, the awarding of projects and contracts related thereto and exchange of information

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Kone Oyj, Kone GmbH and Kone BV to bear their own costs and, in addition, to pay the costs incurred by the European Commission.






(1)  OJ C 362, 10.12.2011.
Case C-151/12: Judgment of the Court (Fifth Chamber) of 24 October 2013 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — Framework for Community action in the field of water policy — Transposition of Articles 4(8), 7(2), 10(1) and (2) of and sections 1.3 and 1.4 of Annex V to Directive 2000/60 — Intracommunal and intercommunal river basins — Article 149(3) of the Spanish Constitution — Supplementing clause)
Date: 2013-10-24
Institutions: Court of Justice
Subjects: Catalonia, Spain, action for failure to fulfil an obligation, drinking water, inland waterway, national implementing measure, water management, water resources








C_2013367EN.01000901.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/9





Judgment of the Court (Fifth Chamber) of 24 October 2013 — European Commission v Kingdom of Spain
(Case C-151/12) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2000/60/EC - Framework for Community action in the field of water policy - Transposition of Articles 4(8), 7(2), 10(1) and (2) of and sections 1.3 and 1.4 of Annex V to Directive 2000/60 - Intracommunal and intercommunal river basins - Article 149(3) of the Spanish Constitution - Supplementing clause)
2013/C 367/14
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: G. Valero Jordana, E. Manhaeve and B. Simon, Agents)

Defendant: Kingdom of Spain (represented by: A. Rubio González, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 4(8), 7(2) and 10(1) and (2), and Sections 1.3 and 1.4 of Annex V, of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — Environmental objectives — Waters used for the abstraction of drinking water — Surface water — Intracommunal river basins

Operative part of the judgment

The Court:






1.


Declares that, by having failed to adopt all the measures necessary to transpose Articles 4(8), 7(2) and 10(1) and (2) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and section 1.3 and subsection 1.4.1(i) to (iii) of Annex V thereto, to which Article 8(2) of that directive refers, in respect of the intracommunal river basins outside Catalonia, and Articles 7(2) and 10(1) and (2) of Directive 2000/60 in respect of the intracommunal river basins in Catalonia, the Kingdom of Spain has failed to fulfil its obligations under that directive;










2.


Dismisses the action as to the remainder;










3.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 174, 16.6.2012.
Case T-561/13: Action brought on 24 October 2013 — Spain v Commission
Date: 2013-10-24
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF, Galicia, Spain, eligibility criteria, less-favoured agricultural area, rural development








C_2013367EN.01003702.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/37





Action brought on 24 October 2013 — Spain v Commission
(Case T-561/13)
2013/C 367/67
Language of the case: Spanish

Parties


Applicant: Spain (represented by: N. Díaz Abad, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul in part the contested decision to the extent that it excludes the expenditure, amounting to EUR 757 968,97, incurred by Kingdom of Spain in the context of the ICDN (compensatory allowances for natural handicaps; CANH) aid of Galicia’s 2007-2013 Rural Development programme in respect of ‘natural handicaps’, and










—


order the Commission to pay the costs.





Pleas in law and main arguments

The present action is brought against Commission Implementing Decision 2013/433/EU 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).
In support of its action, the applicant relies on two pleas in law.






1.


First plea in law, alleging infringement of Article 10(2) and (4) of Regulation No 1975/2006.






—


The applicant claims that the obligation to count animals during on-the-spot checks in respect of the CANH aid breaches the principle of the continuity of the livestock density criterion and the principle of equal treatment, and that the Commission wrongly interpreted the abovementioned provisions by finding that the Spanish system was not suitable for verifying compliance with the livestock density criterion.














2.


Second plea in law, alleging infringement of Article 2(2) of Regulation No 1082/2003 and of Article 26(2)(b) of Regulation No 796/2004.






—


The applicant claims that the contested decision infringes the abovementioned provisions in that it imposes the obligation to carry out a count of animals during an on-the-spot check in order to verify the livestock density criterion.
Case T-457/12: Order of the General Court of 24 October 2013 — Stromberg Menswear v OHIM — Leketoy Stormberg Inter (STORMBERG) (Community trade mark — Community word mark STORMBERG — Appeal against the request for conversion of a Community trade mark into national trade mark applications — Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in law)
Date: 2013-10-24
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, textile industry, trade-mark law








C_2013367EN.01002802.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/28





Order of the General Court of 24 October 2013 — Stromberg Menswear v OHIM — Leketoy Stormberg Inter (STORMBERG)
(Case T-457/12) (1)

(Community trade mark - Community word mark STORMBERG - Appeal against the request for conversion of a Community trade mark into national trade mark applications - Inadmissibility of the appeal before the Board of Appeal - Action manifestly lacking any foundation in law)
2013/C 367/51
Language of the case: English

Parties


Applicant: Stromberg Menswear Ltd (Leeds, United Kingdom) (represented by: A. Tsoutsanis, lawyer, and C. Tulley, Solicitor)

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, intervener before the General Court: Leketoy Stormberg Inter AS (Kristiansand S, Norway) (represented initially by T. Mølsgaard, and subsequently by J. Løje, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 428/2012-4), relating to the request for conversion of a Community trade mark into national trade mark applications submitted by Leketoy Stormberg Inter AS.

Operative part of the order







1.


The action is dismissed.










2.


Stromberg Menswear Ltd shall pay the costs.






(1)  OJ C 63, 2.3.2013.
New national sides of euro circulation coins
Date: 2013-10-24
Institutions: European Commission
Subjects: Latvia, commemoration, euro, issuing of currency








C_2013309EN.01000301.xml










24.10.2013   


EN


Official Journal of the European Union


C 309/3





New national sides of euro circulation coins
2013/C 309/03
On 9 July 2013 the Council of the European Union decided that the Republic of Latvia fulfils the necessary conditions for the adoption of the euro on 1 January 2014 (1).
From 1 January 2014 the Republic of Latvia will therefore issue euro coins, subject to the approval by the ECB of the volume of the issue (cf. Article 128(2) of the Treaty on the Functioning of the European Union).
Euro circulation coins have legal tender status throughout the euro area. The Commission publishes all new euro coin designs (2) with a view to informing all parties required to handle coins in the course of their work as well as the public at large.






























1 EURO CENT


2 EURO CENT


5 EURO CENT


10 EURO CENT


























20 EURO CENT


50 EURO CENT


1 EURO


2 EURO




Issuing country: Republic of Latvia
Date of issue: January 2014
Description of the designs: The 1-, 2- and 5-euro cent coins show the small coat of arms of the Republic of Latvia. At the bottom, the country of issuance ‘LATVIJA’. On the left, the year ‘2014’.
The 10-, 20- and 50-euro cent coins depict the large coat of arms of the Republic of Latvia. On the bottom, the year ‘2014’ and the country of issuance ‘LATVIJA’.
The 1- and 2-euro coins show a portrait of a Latvian folk-maid, originally depicted on the reverse of the 5-lats silver coin in 1929. On the left, in semi-circle, the word ‘LATVIJAS’ and the year ‘2014’ and on the right, in semi-circle, the word ‘REPUBLIKA’.
The coin's outer ring depicts the 12 stars of the European flag.
The edge-lettering of the 2-euro coin is the first line of the State anthem — ‘DIEVS SVĒTĪ LATVIJU’ (‘GOD BLESS LATVIA’).


(1)  Council Decision of 9 July 2013 on the adoption by Latvia of the euro on 1 January 2014 (OJ L 195, 18.7.2013, p. 24).

(2)  See OJ C 373, 28.12.2001, p. 1, OJ C 254, 20.10.2006, p. 6 and OJ C 248, 23.10.2007, p. 8 for a reference to the other euro coins.
Case C-593/12 P: Order of the Court (Seventh Chamber) of 24 October 2013 — Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Focus Magazin Verlag GmbH (Appeal — Community trade mark — Word mark Color Focus — Application for a declaration of invalidity made by the proprietor of the Community word mark Focus — Declaration of invalidity — Surrender — Article 149 of the Rules of Procedure — Appeal which has become devoid of purpose — No need to adjudicate)
Date: 2013-10-24
Institutions: Court of Justice
Subjects: EU trade mark, cosmetics industry, misuse of a right, registered trade mark, trade-mark law








C_2014102EN.01000601.xml










7.4.2014   


EN


Official Journal of the European Union


C 102/6





Order of the Court (Seventh Chamber) of 24 October 2013 — Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Focus Magazin Verlag GmbH
(Case C-593/12 P) (1)

((Appeal - Community trade mark - Word mark Color Focus - Application for a declaration of invalidity made by the proprietor of the Community word mark Focus - Declaration of invalidity - Surrender - Article 149 of the Rules of Procedure - Appeal which has become devoid of purpose - No need to adjudicate))
2014/C 102/07
Language of the case: English

Parties


Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent, R. Schweizer, Rechtsanwalt), Focus Magazin Verlag GmbH (represented by R. Schweizer, Rechtsanwalt)

Re:

Appeal brought against the judgment of 5 October 2012 in Case T-204/10 Lancôme v OHIM, by which the General Court (Eighth Chamber) dismissed an action brought by the proprietor of the word mark ‘COLOR FOCUS’ for goods in Class 3 against Decision R 238/2009-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2010, dismissing the appeal brought against the decision of the Cancellation Division upholding the action for a declaration of the invalidity of that mark, brought by the proprietor of the Community word mark ‘FOCUS’ for goods in Class 3 — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the marks — Genuine use of the earlier mark — Abuse of rights.

Operative part of the order







1.


There is no need to adjudicate on the appeal.










2.


Lancôme parfums et beauté & Cie shall pay the costs of the present proceedings.






(1)  OJ C 55, 23.2.2013.
Case C-275/12: Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln (Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Conditions — Duration of course greater than or equal to two years — Obtaining a vocational qualification)
Date: 2013-10-24
Institutions: Court of Justice
Subjects: EU Member State, European citizenship, diploma, education grant, educational institution, foreign national, freedom of movement, interpretation of the law, residence








C_2013367EN.01001601.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/16





Judgment of the Court (Third Chamber) of 24 October 2013 (request for a preliminary ruling from the Verwaltungsgericht Hannover — Germany) — Samantha Elrick v Bezirksregierung Köln
(Case C-275/12) (1)

(Citizenship of the Union - Articles 20 TFEU and 21 TFEU - Right of free movement and residence - National of a Member State - Studies pursued in another Member State - Education or training grant - Conditions - Duration of course greater than or equal to two years - Obtaining a vocational qualification)
2013/C 367/26
Language of the case: German

Referring court

Verwaltungsgericht Hannover

Parties to the main proceedings


Applicant: Samantha Elrick

Defendant: Bezirksregierung Köln

Re:

Request for a preliminary ruling — Verwaltungsgericht Hannover — Interpretation of Articles 20 and 21 TFEU — Entitlement to a ‘BAföG’ education or training grant — Member State legislation providing for such entitlement in respect of a certain course, of one year’s duration, pursued in that Member State, but excluding such entitlement for a comparable course pursued in another Member State

Operative part of the judgment

Articles 20 TFEU and 21 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, that makes the award of an education or training grant, to a national resident in that Member State, for a course pursued in another Member State, subject to the requirement that the course in question lead to a vocational qualification equivalent to that provided by a vocational school in the State awarding the grant, following a course of at least two years’ duration, whereas an education or training grant would have been awarded if the national had chosen to undertake, in the State awarding the grant, a course equivalent to that which she wished to pursue in another Member State, and which is of less than two years’ duration.


(1)  OJ C 250, 18.8.2012.
Case C-77/12 P: Judgment of the Court (Second Chamber) of 24 October 2013 — Deutsche Post AG v European Commission, UPS Europe NV/SA, UPS Deutschland Inc. & Co. OHG (Appeal — State aid — Commission decision to initiate the procedure laid down in Article 88(2) EC — Action for annulment — Measure against which action for annulment may be brought — Measures intended to have binding legal effects — Earlier decision to initiate on the same measures)
Date: 2013-10-24
Institutions: Court of Justice
Subjects: Germany, State aid, control of State aid, infringement of EU law, principle of legal certainty, right to justice








C_2013367EN.01000601.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/6





Judgment of the Court (Second Chamber) of 24 October 2013 — Deutsche Post AG v European Commission, UPS Europe NV/SA, UPS Deutschland Inc. & Co. OHG
(Case C-77/12 P) (1)

(Appeal - State aid - Commission decision to initiate the procedure laid down in Article 88(2) EC - Action for annulment - Measure against which action for annulment may be brought - Measures intended to have binding legal effects - Earlier decision to initiate on the same measures)
2013/C 367/08
Language of the case: German

Parties


Appellant: Deutsche Post AG (represented by: J. Sedemund and T. Lübbig, Rechtsanwälte)

Other parties to the proceedings: European Commission (represented by: B. Martenczuk and T. Maxian Rusche, acting as Agents), UPS Europe NV/SA, UPS Deutschland Inc. & Co. OHG (represented by: T. Ottervanger and E. Henny, advocaten)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 December 2011 in Case T-421/07 Deutsche Post v Commission, in which the General Court dismissed as inadmissible the applicant’s action seeking the annulment of the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) EC in respect of State aid granted by the Federal Republic of Germany to Deutsche Post AG (aid C 36/07 (ex NN 25/07)) — Infringement of the fourth paragraph of Article 263 TFEU and the right to an effective legal remedy — Misinterpretation of the right to sound administration as well as the principles of legitimate expectations and legal certainty — Inadequate statement of reasons in the General Court’s judgment

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 8 December 2011 in Case T-421/07 Deutsche Post v Commission;










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 118, 21.4.2012.
Case T-451/12: Order of the General Court of 24 October 2013 — Stromberg Menswear v OHIM — Leketoy Stormberg Inter (STORMBERG) (Community trade mark — Revocation proceedings — Earlier Community word mark STORMBERG — Surrender of the disputed mark by the proprietor — Decision to close the revocation proceedings — Request for restitutio in integrum — Obligation to state reasons — Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Date: 2013-10-24
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, textile industry, trade-mark law








C_2013367EN.01002801.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/28





Order of the General Court of 24 October 2013 — Stromberg Menswear v OHIM — Leketoy Stormberg Inter (STORMBERG)
(Case T-451/12) (1)

(Community trade mark - Revocation proceedings - Earlier Community word mark STORMBERG - Surrender of the disputed mark by the proprietor - Decision to close the revocation proceedings - Request for restitutio in integrum - Obligation to state reasons - Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2013/C 367/50
Language of the case: English

Parties


Applicant: Stromberg Menswear Ltd (Leeds, United Kingdom) (represented by: A. Tsoutsanis, lawyer, and C. Tulley, Solicitor)

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, intervener before the General Court: Leketoy Stormberg Inter AS (Kristiansand S, Norway) (represented initially by T. Mølsgaard, and subsequently by J. Løje, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 389/2012-4), relating to revocation proceedings between Stromberg Menswear Ltd and Leketoy Stormberg Inter AS.

Operative part of the order







1.


The action is dismissed.










2.


Stromberg Menswear Ltd shall pay the costs.






(1)  OJ C 63, 2.3.2013.
Euro exchange rates
Date: 2013-10-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2013309EN.01000201.xml










24.10.2013   


EN


Official Journal of the European Union


C 309/2





Euro exchange rates (1)

23 October 2013
2013/C 309/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3752




JPY


Japanese yen


133,95




DKK


Danish krone


7,4596




GBP


Pound sterling


0,85160




SEK


Swedish krona


8,7756




CHF


Swiss franc


1,2307




ISK


Iceland króna


 




NOK


Norwegian krone


8,1360




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,817




HUF


Hungarian forint


292,24




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7029




PLN


Polish zloty


4,1783




RON


Romanian leu


4,4319




TRY


Turkish lira


2,7160




AUD


Australian dollar


1,4298




CAD


Canadian dollar


1,4189




HKD


Hong Kong dollar


10,6618




NZD


New Zealand dollar


1,6436




SGD


Singapore dollar


1,7051




KRW


South Korean won


1 455,81




ZAR


South African rand


13,4643




CNY


Chinese yuan renminbi


8,3693




HRK


Croatian kuna


7,6141




IDR


Indonesian rupiah


15 081,82




MYR


Malaysian ringgit


4,3562




PHP


Philippine peso


59,255




RUB


Russian rouble


43,7066




THB


Thai baht


42,865




BRL


Brazilian real


2,9998




MXN


Mexican peso


17,7886




INR


Indian rupee


84,7840






(1)  Source: reference exchange rate published by the ECB.