do-me/EUR-LEX huggingface dataset:
Case C-551/13: Request for a preliminary ruling from the Commissione Tributaria Provinciale di Cagliari (Italia) lodged on 25 October 2013 — SETAR — v Comune di Quartu S. Elena
Date: 2013-10-25
Institutions: Court of Justice
Subjects: EU law - national law, interpretation of the law, national implementing measure








C_2013377EN.01000901.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/9





Request for a preliminary ruling from the Commissione Tributaria Provinciale di Cagliari (Italia) lodged on 25 October 2013 — SETAR — v Comune di Quartu S. Elena
(Case C-551/13)
2013/C 377/17
Language of the case: Italian

Referring court

Commissione Tributaria Provinciale di Cagliari

Parties to the main proceedings


Applicant: SETAR — Società Edilizia Turistica Alberghiera Residenziale

Opposing party: Comune di Quartu S. Elena

Question referred

Does Community law preclude the rules laid down in Article 188 of Legislative Decree No 152/2006 and Decree of the Minister for the Environment of 17 December 2009, under which the entry into force of the legislation transposing Directive 2008/98/EC (1) into national law is to be delayed pending the adoption of a ministerial decree laying down the related technical rules and specifying the time-limits within which that implementing legislation is to enter into force?


(1)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance) (OJ 2008 L 312, p. 3).
Case F-107/13: Action brought on 25 October 2013 — ZZ v European Commission
Date: 2013-10-25
Institutions: Civil Service Tribunal
Subjects: European civil service, administrative sanction, damages, indemnification








C_2014024EN.01004101.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/41





Action brought on 25 October 2013 — ZZ v European Commission
(Case F-107/13)
2014/C 24/76
Language of the case: French

Parties


Applicant: ZZ (represented by: É. Boigelot and R. Murru, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to impose a disciplinary penalty on the applicant under Article 9(2) of Annex IX to the Staff Regulations and an application for damages for the non-material harm allegedly suffered and an application for reimbursement of the sums already withheld.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the decision of 14 March 2013 imposing on him a penalty of the reduction of his monthly net pension by one third for a two-year period;










—


Order the defendant to pay compensation to the applicant for the harm suffered, fixed at the total sum off EUR 10 000, subject to being increased during the proceedings;










—


Order the Commission to pay all the costs.
Information communicated by Member States regarding closure of fisheries
Date: 2013-10-25
Institutions: European Commission
Subjects: North Sea, Sweden, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013310EN.01000701.xml










25.10.2013   


EN


Official Journal of the European Union


C 310/7





Information communicated by Member States regarding closure of fisheries
2013/C 310/06
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


11.10.2013




Duration


11.10.2013-31.12.2013




Member State


Sweden




Stock or group of stocks


COD/03AN




Species


Cod (Gadus Morhua)




Zone


Skagerrak




Type(s) of fishing vessels


—




Reference number


60/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Case F-106/13: Action brought on 25 October 2013 — ZZ v FRA
Date: 2013-10-25
Institutions: Civil Service Tribunal
Subjects: damages, disciplinary proceedings








C_2014045EN.01004602.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/46





Action brought on 25 October 2013 — ZZ v FRA
(Case F-106/13)
2014/C 45/86
Language of the case: English

Parties


Applicant: ZZ (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights (FRA)

Subject-matter and description of the proceedings

Annulment of the FRA Director’s decision to impose a disciplinary penalty on the applicant in the form of a reprimand.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the decision of the FRA Director dated 20 February 2013 issuing a reprimand and, if necessary, the decision of 22 February 2013 confirming the reprimand in writing;










—


if necessary, annul the decision of the FRA Director dated 17 July 2013, received on 18t July 2013, rejecting the complaint;










—


grant the applicant adequate compensation for the moral damage caused by the gross illegality and irregularity of the administrative inquiry and of the decision to issue a reprimand. This moral damage is assessed ex aequo et bono at EUR 15 000,00;










—


order the defendant to pay all costs.
Case C-552/13: Request for a preliminary ruling from the Juzgado Contencioso-Administrativo n °6 de Bilbao (Spain) lodged on 25 October 2013 — Grupo Hospitalario Quirón S.A. v Departamento de Sanidad del Gobierno Vasco
Date: 2013-10-25
Institutions: Court of Justice
Subjects: administrative contract, health service, interpretation of the law, services contract








C_2014024EN.01000302.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/3





Request for a preliminary ruling from the Juzgado Contencioso-Administrativo no 6 de Bilbao (Spain) lodged on 25 October 2013 — Grupo Hospitalario Quirón S.A. v Departamento de Sanidad del Gobierno Vasco
(Case C-552/13)
2014/C 24/05
Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo no 6 de Bilbao

Parties to the main proceedings


Applicant: Grupo Hospitalario Quirón S.A.

Defendant: Departamento de Sanidad del Gobierno Vasco

Co-defendant: Instituto de Religiosas Siervas de Jesús de la Caridad

Question referred

Is the requirement, included in public contracts for the management of public health-care services, that the provision of health services which is the subject-matter of such contracts be carried out ONLY in a determined municipality, which is not necessarily the municipality in which the patients reside, compatible with European Union law?
Case T-566/13: Action brought on 25 October 2013 — Hostel Tourist World v OHIM — WRI Nominees (Hostel Tourist World.com)
Date: 2013-10-25
Institutions: General Court
Subjects: EU trade mark, Internet site, hotel industry, registered trade mark, trade-mark law








C_2014031EN.01001101.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/11





Action brought on 25 October 2013 — Hostel Tourist World v OHIM — WRI Nominees (Hostel Tourist World.com)
(Case T-566/13)
2014/C 31/19
Language in which the application was lodged: Spanish

Parties


Applicant: Hostel Tourist World, SL (Seville, Spain) (represented by: J.M. Bartrina Díaz, lawyer)

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

Other party to the proceedings before the Board of Appeal: WRI Nominees Ltd (Luxembourg, Luxembourg)

Form of order sought

The applicant claims that the Court should:






—


annul OHIM’s decision in so far as it upholds the appeal lodged by WRI Nominees Ltd, concerning the cancellation or invalidity of Community trade mark No 7 241 862 HOSTELTOURISTWORLD for Classes 39 and 43 in the International Classification;










—


pursuant to Article 65(2) of Regulation No 207/2009, dismiss the appeal lodged by WRI Nominees Ltd in relation to the invalidity of Community trade mark No 7 241 862‘HOSTELTOURISTWORLD.COM’ for Classes 35, 39 and 43 in the International Classification, or, in the alternative, order OHIM to take the measures necessary to comply with the judgment of the Court delivered in accordance with the terms indicated in the application; and










—


order OHIM to pay the costs of the present proceedings.





Pleas in law and main arguments


Community trade mark concerned, in respect of which an application for a declaration of invalidity was made: Figurative mark ‘HostelTouristWorld.com’ for services in Classes 35, 39 and 43 — Registered Community trade mark No 7 241 862

Proprietor of the mark: The applicant

Applicant for a declaration of invalidity: WRI Nominees Ltd

Grounds for the application for a declaration of invalidity: Infringement of Article 8(1)(b) of Regulation No 207/2009, read in conjunction with Article 53(1)(a) thereof, and of Article 8(4) of Regulation No 207/2009, read in conjunction with Article 53(1)(c) thereof

Decision of the Cancellation Division: Application dismissed

Decision of the Board of Appeal: Appeal of WRI Nominees Ltd upheld in part and decision of the Cancellation Division annulled in part

Pleas in law:







—


Infringement of Articles 63 and 64 of Regulation No 207/2009;










—


Infringement of Article 8(1)(b) of Regulation No 207/2009, read in conjunction with Article 53(1)(a) thereof.
Initiation of proceedings (Case COMP/M.7009 — Holcim/Cemex West)  Text with EEA relevance
Date: 2013-10-25
Institutions: European Commission
Subjects: France, Germany, Netherlands, North Rhine-Westphalia, building materials, economic concentration, merger control








C_2013310EN.01000201.xml










25.10.2013   


EN


Official Journal of the European Union


C 310/2





Initiation of proceedings
(Case COMP/M.7009 — Holcim/Cemex West)
(Text with EEA relevance)
2013/C 310/02
On 22 October 2013, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference COMP/M.7009 — Holcim/Cemex West, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Commission Regulation (EU) No 1049/2013 of 25 October 2013 establishing a prohibition of fishing for tusk in EU and international waters of I, II and XIV by vessels flying the flag of United Kingdom
Date: 2013-10-25
Institutions: European Commission
Subjects: EU waters, Greenland, Norwegian Sea, United Kingdom, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2013285EN.01000401.xml










29.10.2013   


EN


Official Journal of the European Union


L 285/4








            COMMISSION REGULATION (EU) No 1049/2013
of 25 October 2013
         
establishing a prohibition of fishing for tusk in EU and international waters of I, II and XIV by vessels flying the flag of 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 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are 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, 25 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. 54.




ANNEX






No


62/TQ40




Member State


United Kingdom




Stock


USK/1214EI




Species


Tusk (Brosme brosme)




Zone


EU and international waters of I, II and XIV




Date


8.10.2013
Case T-476/11 P: Judgment of the General Court of 25 October 2013 — Commission v Moschonaki (Appeal — Civil service — Officials — Notice of vacancy — Rejection of application — Action for annulment — Legal interest in bringing proceedings — Admissibility — Rule that the application corresponds to the complaint — Article 91(2) of the Staff Regulations of Officials — Action for damages)
Date: 2013-10-25
Institutions: General Court
Subjects: European official, access to a profession, indemnification, infringement of EU law








C_2013359EN.01000801.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/8





Judgment of the General Court of 25 October 2013 — Commission v Moschonaki
(Case T-476/11 P) (1)

(Appeal - Civil service - Officials - Notice of vacancy - Rejection of application - Action for annulment - Legal interest in bringing proceedings - Admissibility - Rule that the application corresponds to the complaint - Article 91(2) of the Staff Regulations of Officials - Action for damages)
2013/C 359/12
Language of the case: French

Parties


Appellant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Other party to the proceedings: Chrysanthe Moschonaki (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Intervener in support of the appellant: Court of Auditors of the European Union (represented by: T. Kennedy and I. Ní Riagáin Düro, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 28 June 2011 in Case F-55/10 AS v Commission (not yet published in the ECR), seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 28 June 2011 in Case F-55/10 AS v Commission (not yet published in the ECR), in so far as it declares the plea in law alleging infringement of Article 7 of the Staff Regulations of Officials of the European Union to be admissible, in so far as it annuls the decision of 30 September 2009 whereby the European Commission rejected Ms Chrysanthe Moschonaki’s application on the basis of that plea in law, and in so far as it ordered the Commission to pay Ms Moschonaki the sum of EUR 3 000;










2.


Dismisses the remainder of the appeal;










3.


Refers the case back to the Civil Service Tribunal;










4.


Reserves the costs.






(1)  OJ C 319, 29.10.2011.
Case T-231/10: Judgment of the General Court of 25 October 2013 — Merlin and Others v OHIM — Dusyma (Game) (Community design — Invalidity proceedings — Registered Community design representing a game — Earlier design — Grounds for invalidity — Novelty — Individual character — Distinction between goods and design — Articles 3, 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
Date: 2013-10-25
Institutions: General Court
Subjects: EU trade mark, designs and models, registered trade mark, toy industry, trade-mark law








C_2013359EN.01000701.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/7





Judgment of the General Court of 25 October 2013 — Merlin and Others v OHIM — Dusyma (Game)
(Case T-231/10) (1)

(Community design - Invalidity proceedings - Registered Community design representing a game - Earlier design - Grounds for invalidity - Novelty - Individual character - Distinction between goods and design - Articles 3, 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
2013/C 359/10
Language of the case: German

Parties


Applicants: Merlin Handelsgesellschaft mbH (Forchtenberg, Germany); Rolf Krämer (Forchtenberg); BLS Basteln Lernen Spielen GmbH (Forchtenberg); and Andreas Hohl (Künzelsau, Germany) (represented by: R. Kramer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Dusyma Kindergartenbedarf GmbH (Schorndorf, Germany) (represented by: A. Zinnecker, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 17 March 2010 (Case R 879/2009-3) relating to invalidity proceedings between Merlin Handelsgesellschaft mbH and Others and Dusyma Kindergartenbedarf GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Merlin Handelsgesellschaft mbH, Mr Rolf Krämer, BLS Basteln Lernen Spielen GmbH and Mr Andreas Hohl to pay the costs.






(1)  OJ C 209, 31.7.2010.
Information communicated by Member States regarding closure of fisheries
Date: 2013-10-25
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Germany, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013310EN.01000702.xml










25.10.2013   


EN


Official Journal of the European Union


C 310/7





Information communicated by Member States regarding closure of fisheries
2013/C 310/07
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


9.10.2013




Duration


9.10.2013-31.12.2013




Member State


Germany




Stock or group of stocks


RED/51214D




Species


Redfish (Sebastes spp.)




Zone


EU and International waters of V, international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


61/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-10-25
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Netherlands, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013310EN.01000801.xml










25.10.2013   


EN


Official Journal of the European Union


C 310/8





Information communicated by Member States regarding closure of fisheries
2013/C 310/08
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


7.10.2013




Duration


7.10.2013-31.12.2013




Member State


The Netherlands




Stock or group of stocks


HKE/571214




Species


Hake (Merluccius merluccius)




Zone


VI and VII; EU and international waters of Vb; international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


59/TQ39






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-416/11: Judgment of the General Court of 25 October 2013 — Biotronik SE v OHIM — Cardios Sistemas (CARDIO MANAGER) (Community trade mark — Opposition proceedings — Application for Community word mark CARDIO MANAGER — Earlier national word mark CardioMessenger — Relative ground for refusal — No likelihood of confusion — No proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009)
Date: 2013-10-25
Institutions: General Court
Subjects: EU trade mark, cardiovascular disease, medical device, registered trade mark, trade-mark law








C_2013359EN.01000702.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/7





Judgment of the General Court of 25 October 2013 — Biotronik SE v OHIM — Cardios Sistemas (CARDIO MANAGER)
(Case T-416/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CARDIO MANAGER - Earlier national word mark CardioMessenger - Relative ground for refusal - No likelihood of confusion - No proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009)
2013/C 359/11
Language of the case: English

Parties


Applicant: Biotronik SE & Co. KG (Berlin, Germany) (represented by: A. Reich, S. Pietzcker and R. Jacobs, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Cardios Sistemas Comercial e Industrial Ltda (Sao Paulo, Brazil)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 May 2011 (Case R 1156/2010-2) relating to opposition proceedings between Biotronik SE & Co. KG and Cardios Sistemas Comercial e Industrial Ltda.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Biotronik SE & Co. KG to pay the costs.






(1)  OJ C 298, 8.10.2011.