do-me/EUR-LEX huggingface dataset:
Case T-575/13: Action brought on 30 October 2013 — Lesaffre et Compagnie v OHIM — Louis Baking Company (BAKING CENTER BY TECHNOLINE)
Date: 2013-10-30
Institutions: General Court
Subjects: EU trade mark, bread, registered trade mark, trade-mark law








C_2014031EN.01001102.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/11





Action brought on 30 October 2013 — Lesaffre et Compagnie v OHIM — Louis Baking Company (BAKING CENTER BY TECHNOLINE)
(Case T-575/13)
2014/C 31/20
Language in which the application was lodged: French

Parties


Applicant: Lesaffre et Compagnie (Paris, France) (represented by: T. De Haan and P. Péters, lawyers)

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

Other party to the proceedings before the Board of Appeal: Louis Baking Company, SL (Girona, Spain)

Form of order sought







—


Annul in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 August 2013 in Case R 2333/2012-4; and










—


Order OHIM to pay the costs incurred by Lesaffre in the proceedings before the General Court and before the Fourth Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: Louis Baking Company, SL

Community trade mark concerned: Coloured figurative mark containing the word elements ‘BAKING CENTER By TECHNOLINE’ for goods and services in Classes 30, 35 and 42 — Application for Community trade mark No 9 195 793

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: French mark ‘BAKING CENTER’ for services in Class 41

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.
Commission Implementing Regulation (EU) No 1086/2013 of 30 October 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Raschera (PDO)]
Date: 2013-10-30
Institutions: European Commission
Subjects: Italy, cows’ milk cheese, designation of origin, product designation








L_2013293EN.01002601.xml










5.11.2013   


EN


Official Journal of the European Union


L 293/26








            COMMISSION IMPLEMENTING REGULATION (EU) No 1086/2013
of 30 October 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Raschera (PDO)]


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)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Raschera’ registered under Commission Regulation (EC) No 1263/96 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2) (a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendment should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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, 30 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 163, 2.7.1996, p. 19.

(3)  
            OJ C 109, 16.4.2013, p. 12.




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

Class 1.3.   Cheeses

ITALY
Raschera (PDO)
Notice for the attention of the persons and entities to which the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006, as amended by Council Decision 2013/534/CFSP and implemented by Council Implementing Regulation (EU) No 1054/2013 concerning restrictive measures against Belarus apply
Date: 2013-10-30
Institutions: Council of the European Union
Subjects: Belarus, capital movement, economic sanctions, international sanctions








C_2013316EN.01000901.xml










30.10.2013   


EN


Official Journal of the European Union


C 316/9





Notice for the attention of the persons and entities to which the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006, as amended by Council Decision 2013/534/CFSP and implemented by Council Implementing Regulation (EU) No 1054/2013 concerning restrictive measures against Belarus apply
2013/C 316/05
The following information is brought to the attention of persons and entities that appear in the Annex to Council Decision 2012/642/CFSP, and in Annex I to Council Regulation (EC) No 765/2006, as amended by Council Decision 2013/534/CFSP (1) and implemented by Council Implementing Regulation (EU) No 1054/2013 (2) concerning restrictive measures against Belarus.
The Council of the European Union has decided that the persons and entities that appear in the above mentioned Annexes should continue to be included in the list of persons and entities subject to the restrictive measures provided for in Decision 2012/642/CFSP and in Regulation (EC) No 765/2006 concerning restrictive measures against Belarus. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG C — Unit 1C (Horizontal Issues)




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 288, 30.10.2013, p. 69.

(2)  OJ L 288, 30.10.2013, p. 1.
Prior notification of a concentration (Case COMP/M.7044 — Blackstone/Goldman Sachs/Rothesay)  Text with EEA relevance
Date: 2013-10-30
Institutions: European Commission
Subjects: China, European Economic Area, United Kingdom, United States, economic concentration, financial services, insurance company, merger control








C_2013316EN.01001301.xml










30.10.2013   


EN


Official Journal of the European Union


C 316/13





Prior notification of a concentration
(Case COMP/M.7044 — Blackstone/Goldman Sachs/Rothesay)
(Text with EEA relevance)
2013/C 316/08






1.


On 25 October 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Blackstone Group LP (‘Blackstone’, USA) and Goldman Sachs Group, Inc. (‘Goldman Sachs’ USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Rothesay Holdco UK Limited (‘Rothesay’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Blackstone Group: alternative asset management and provision of financial advisory services in the US, EEA and China,










—


Goldman Sachs Group: global investment banking, securities and investment management, providing a wide range of banking securities and investment services worldwide,










—


Rothesay: provision of insurance services, in particular de-risking products such as buy-out solutions, buy-in solutions and longevity swaps in the UK.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7044 — Blackstone/Goldman Sachs/Rothesay, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2013-10-30
Institutions: European Commission
Subjects: Spain, State aid, aid to agriculture, control of State aid, environmental protection








C_2013316EN.01000701.xml










30.10.2013   


EN


Official Journal of the European Union


C 316/7





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2013/C 316/03







Date of adoption of the decision


2.10.2013




Reference number of State Aid


SA.37033 (13/N)




Member State


Spain




Region


—


Mixed




Title (and/or name of the beneficiary)


Prórroga del régimen SA.24867 (N 10/08) «Subvenciones destinadas al fomento de sistemas de producción en regímenes extensivos»




Legal basis








 


Real Decreto 1724/2007, de 21 de diciembre, por el que se establecen las bases reguladoras de las subvenciones destinadas al fomento de sistemas de producción de razas ganaderas autóctonas en regímenes extensivos.










 


Ley 38/2003, de 17 de noviembre, General de Subvenciones.








Type of measure


Scheme


—




Objective


Agri-environmental commitments




Form of aid


Direct grant




Budget








 


Overall budget: EUR 3,8 million










 


Annual budget: EUR 3,8 million








Intensity


100 %




Duration (period)


1.1.2014-31.12.2014




Economic sectors


Crop and animal production, hunting and related service activities




Name and address of the granting authority







Dirección General de Procucciones y Mercados Agrarios




Almagro, 33 5a planta




28010 Madrid




ESPAÑA








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Council Decision of 30 October 2013 adopting the Council's position on draft amending budget No 8 of the European Union for the financial year 2013
Date: 2013-10-30
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), general budget (EU)








C_2013318EN.01000201.xml










1.11.2013   


EN


Official Journal of the European Union


C 318/2





COUNCIL DECISION
of 30 October 2013
adopting the Council's position on draft amending budget No 8 of the European Union for the financial year 2013
2013/C 318/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof,
Whereas:






—


the Union's budget for the financial year 2013 was definitively adopted on 12 December 2012 (2),










—


on 26 September 2013, the Commission submitted a proposal containing draft amending budget No 8 to the general budget for the financial year 2013,










—


the Council's position is taken in conjunction with the adoption of its position on draft amending budget No 9/2013 and is subject to the European Parliament's approval of the agreement on the multiannual financial framework for 2014-2020,










—


given the fact that draft amending budget No 8 to the general budget for 2013 needs to be adopted without delay, it is justified to shorten, in accordance with Article 3(3) of the Council's Rules of Procedure, the 8-week period for the information of national Parliaments, as well as the 10-day period foreseen for placing the item on the Council's provisional agenda laid down in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 8 of the European Union for the financial year 2013 was adopted on 30 October 2013.
This Decision shall apply from the date of the European Parliament's approval of the agreement on the multiannual financial framework for 2014-2020 and of the Council's position on draft amending budget No 9/2013.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 30 October 2013.


For the Council


The President

L. LINKEVIČIUS




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013, p. 1, with corrigendum in OJ L 134, 18.5.2013, p. 21.
2013/633/EU: Commission Decision of 30 October 2013 amending Decision 2007/742/EC in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to electrically driven, gas driven or gas absorption heat pumps (notified under document C(2013) 7154)  Text with EEA relevance
Date: 2013-10-30
Institutions: European Commission
Subjects: eco-label, heat pump, labelling




L_2013292EN.01001801.xml










1.11.2013   


EN


Official Journal of the European Union


L 292/18








            COMMISSION DECISION
         
of 30 October 2013
         
amending Decision 2007/742/EC in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to electrically driven, gas driven or gas absorption heat pumps
(notified under document C(2013) 7154)
(Text with EEA relevance)
(2013/633/EU)


THE EUROPEAN COMMISSION

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular point (c) of Article 8(3) thereof,


After consulting the European Union Eco-Labelling Board,

Whereas:







(1)


Commission Decision 2007/742/EC (2) expires on 31 December 2013.












(2)


An assessment has been carried out to evaluate the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by this Decision. Given the stage of the revision process for this Decision, it is appropriate to prolong the period of validity of the ecological criteria and the related assessment and verification requirements which it sets out. The period of validity of the ecological criteria and the related assessment and verification requirements set out in Decision 2007/742/EC should be prolonged until 31 October 2014.












(3)


Decision 2007/742/EC should therefore be amended accordingly.












(4)


The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,





HAS ADOPTED THIS DECISION:



Article 1
Article 4 of Decision 2007/742/EC is replaced by the following:

‘Article 4
The ecological criteria for the product group “electrically driven, gas driven or gas absorption heat pumps”, as well as the related assessment and verification requirements, shall be valid until 31 October 2014’.



Article 2
This Decision is addressed to the Member States.




Done at Brussels, 30 October 2013.


For the Commission

Janez POTOČNIK
            

Member of the Commission






(1)  
            OJ L 27, 30.1.2010, p. 1.

(2)  Commission Decision 2007/742/EC of 9 November 2007 establishing the ecological criteria for the award of the Community eco-label to electrically driven, gas driven or gas absorption heat pumps (OJ L 301, 20.11.2007, p. 14).
Case C-560/13: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 30 October 2013 — Finanzamt Ulm v Ingeborg Wagner-Raith as successor in title to Mrs Maria Schweier
Date: 2013-10-30
Institutions: Court of Justice
Subjects: EU law - national law, Germany, basis of tax assessment, financial services, interpretation of the law, investment company, shareholding








C_2014024EN.01000401.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/4





Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 30 October 2013 — Finanzamt Ulm v Ingeborg Wagner-Raith as successor in title to Mrs Maria Schweier
(Case C-560/13)
2014/C 24/07
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant and respondent on a point of law: Ingeborg Wagner-Raith as successor in title to Mrs Maria Schweier

Defendant and appellant on a point of law: Finanzamt Ulm

Other party: Bundesministerium der Finanzen (Federal Ministry of Finance)

Questions referred







1.


In the case of holdings in third-country funds, does the free movement of capital provided for in Article 73b TEC (since 1 May 1999, Article 56 EC) (1) not preclude national legislation (in this instance Paragraph 18(3) of the AuslInvestmG (Law on Foreign Investments)) which provides that, in certain circumstances, national investors in foreign investment funds are deemed to have received, in addition to distributions, notional earnings in the amount of 90 % of the difference between the first and the last redemption price of the year, but of at least 10 % of the final redemption price (or of the stock exchange or market value), because that legislation, which has remained essentially unchanged since 31 December 1993, is concerned with the provision of financial services within the meaning of the rule on the protection of established rights contained in Article 73c(1) TEC (since 1 May 1999, Article 57(1) EC) (2)?
If the answer to Question 1 is in the negative:










2.


Does the holding in such an investment fund established in a third country always constitute a direct investment within the meaning of Article 73c(1) TEC (since 1 May 1999, Article 57(1) EC) or is the answer to this question dependent on whether, under the national law of the State in which the investment fund is established or on other grounds, the holding allows the investor to be actually involved in the management or control of the investment fund?






(1)  Article 63 TFEU.

(2)  Article 64 TFEU.
Case T-576/13: Action brought on 30 October 2013 — Verus v OHIM — Joie International (MIRUS)
Date: 2013-10-30
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2014024EN.01002502.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/25





Action brought on 30 October 2013 — Verus v OHIM — Joie International (MIRUS)
(Case T-576/13)
2014/C 24/45
Language in which the application was lodged: German

Parties


Applicant: Verus Eood (Sofia, Bulgaria) (represented by: C. Röhl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Joie International Co. Ltd (Hong Kong, China)

Form of order sought

The applicant claims that the General Court should:






—


vary the decision of the Fifth Board of Appeal of 23 August 2013 in Case R 715/2012-5 so that the opposition is entirely upheld and the application for Community trade mark 9599416 is rejected;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Joie International Co. Ltd

Community trade mark concerned: word mark ‘MIRUS’ for goods in Class 12 — application for Community trade mark No 9 599 416

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

Mark or sign cited in opposition: German word mark ‘MIRUS’ for goods in Classes 12, 25 and 28

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: annulment of the contested decision and rejection of the opposition

Pleas in law: infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.