do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 1096/2013 of 4 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Poulet des Cévennes / Chapon des Cévennes (PGI)]
Date: 2013-11-04
Institutions: European Commission
Subjects: France, designation of origin, fresh meat, product designation








L_2013294EN.01003401.xml










6.11.2013   


EN


Official Journal of the European Union


L 294/34








            COMMISSION IMPLEMENTING REGULATION (EU) No 1096/2013
of 4 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Poulet des Cévennes / Chapon des Cévennes (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Poulet des Cévennes’ / ‘Chapon des Cévennes’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Poulet des Cévennes’ / ‘Chapon des Cévennes’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



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


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 November 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 C 33, 5.2.2013, p. 10.




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

Class 1.1.   Fresh meat (and offal)

FRANCE
Poulet des Cévennes / Chapon des Cévennes (PGI)
Case T-580/13: Action brought on 4 November 2013 — Real Express v OHIM — MIP Metro (real)
Date: 2013-11-04
Institutions: General Court
Subjects: EU trade mark, logistics, registered trade mark, trade-mark law








C_2014045EN.01003502.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/35





Action brought on 4 November 2013 — Real Express v OHIM — MIP Metro (real)
(Case T-580/13)
2014/C 45/61
Language in which the application was lodged: English

Parties


Applicant: Real Express Srl (Bucharest, Romania) (represented by: C. Anitoae, lawyer)

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

Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1519/2012-4;










—


Order the defendant and the intervener to pay the costs of proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark in blue and red containing the verbal element ‘real’ for goods and services in Classes 3 and 35 — Community trade mark application No 9 512 609

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

Mark or sign cited in opposition: Romanian trade marks Nos 38 089 and 80 065

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.
Case T-587/13: Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)
Date: 2013-11-04
Institutions: General Court
Subjects: EU trade mark, domestic animal, registered trade mark, trade-mark law, veterinary medicinal product








C_2014024EN.01002801.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/28





Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)
(Case T-587/13)
2014/C 24/50
Language in which the application was lodged: German

Parties


Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)

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

Other party to the proceedings before the Board of Appeal: Iberamigo, SA (Rubi, Spain)

Form of order sought

The applicant claims that the General Court should:






—


annul decision No R 1799/2012-4 of the Board of Appeal of the defendant of 3 September 2013;










—


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: figurative mark in colour representing a cat with the word elements ‘cat & clean’ for goods in Class 31 — application for Community trade mark No 9 612 301

Proprietor of the mark or sign cited in the opposition proceedings: Iberamigo, SA

Mark or sign cited in opposition: Spanish word mark ‘CLEAN CAT’ for goods in Class 31

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 and of Article 29 et seq. of the Treaty on the Functioning of the European Union.
Case T-581/13: Action brought on 4 November 2013 — Royal County of Berkshire Polo Club v OHIM — Lifestyle Equities (Royal County of Berkshire POLO CLUB)
Date: 2013-11-04
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports facilities, trade-mark law








C_2014024EN.01002602.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/26





Action brought on 4 November 2013 — Royal County of Berkshire Polo Club v OHIM — Lifestyle Equities (Royal County of Berkshire POLO CLUB)
(Case T-581/13)
2014/C 24/47
Language in which the application was lodged: English

Parties


Applicant: The Royal County of Berkshire Polo Club Ltd (London, United Kingdom) (represented by: J. Maitland-Walker, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Lifestyle Equities CV (Amsterdam, Netherlands)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 July 2013 given in Case R 1374/2012-2;










—


Award the applicant the costs of the present proceedings and those incurred before the Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal elements ‘Royal County of Berkshire POLO CLUB’ for goods and services in Classes 9, 14, 16, 18, 25 and 28 — Community trade mark application No 9 642 621

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registrations Nos 8 456 469, 5 482 484, 532 895 and 364 257

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Partially annulled the contested decision

Pleas in law: Infringement of Article 8(1)(b) CTMR.
Commission Regulation (EU) No 1087/2013 of 4 November 2013 amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council with regard to reporting on methyl bromide
Date: 2013-11-04
Institutions: European Commission
Subjects: EU Member State, disclosure of information, market approval, organic chemical








L_2013293EN.01002801.xml










5.11.2013   


EN


Official Journal of the European Union


L 293/28








            COMMISSION REGULATION (EU) No 1087/2013
of 4 November 2013
         
amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council with regard to reporting on methyl bromide


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular Article 26(3) thereof,

Whereas:







(1)


According to Article 26(1)(a), Member States should report each year on the quantities of methyl bromide authorised for quarantine and pre-shipment pursuant to Article 12(2), as well as on the quantities of methyl bromide authorised in case of emergency pursuant to Article 12(3).












(2)


The deadline of 18 March 2010 contained in Article 12(1) has elapsed and methyl bromide can no longer be placed on the market and used for quarantine and for pre-shipment applications. There is therefore no need to continue asking Member States to report each year on methyl bromide authorised for quarantine and pre-shipment pursuant to Article 12(2).












(3)


The temporary authorisation of methyl bromide in emergency cases pursuant to Article 12(3) requires for each case a specific decision of the Commission. There is therefore no need to continue asking Member States to report each year, as the reporting obligation can be directly included in each specific decision.












(4)


Article 26(1)(a) should therefore be deleted.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,





HAS ADOPTED THIS REGULATION:



Article 1
Article 26(1)(a) of Regulation (EC) No 1005/2009 shall be deleted.


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, 4 November 2013.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 286, 31.10.2009, p. 1.
Commission Implementing Regulation (EU) No 1098/2013 of 4 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Gâche vendéenne (PGI)]
Date: 2013-11-04
Institutions: European Commission
Subjects: France, confectionery product, designation of origin, product designation








L_2013294EN.01003801.xml










6.11.2013   


EN


Official Journal of the European Union


L 294/38








            COMMISSION IMPLEMENTING REGULATION (EU) No 1098/2013
of 4 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Gâche vendéenne (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Gâche vendéenne’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Gâche vendéenne’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



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


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 November 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 C 68, 8.3.2013, p. 48.




ANNEX
Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

FRANCE
Gâche vendéenne (PGI)
Commission Implementing Regulation (EU) No 1095/2013 of 4 November 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Sierra de Cádiz (PDO)]
Date: 2013-11-04
Institutions: European Commission
Subjects: Andalusia, Spain, designation of origin, olive oil, product designation








L_2013294EN.01003201.xml










6.11.2013   


EN


Official Journal of the European Union


L 294/32








            COMMISSION IMPLEMENTING REGULATION (EU) No 1095/2013
of 4 November 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Sierra de Cádiz (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)


Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Sierra de Cádiz’ registered under Commission Regulation (EC) No 205/2005 (3).












(3)


Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union (4), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments to the specification 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, 4 November 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ L 33, 5.2.2005, p. 6.

(4)  
            OJ C 376, 6.12.2012, p. 8.




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

Class 1.5.   Oils and fats (butter, margarine, oil, etc.)

SPAIN
Sierra de Cádiz (PDO)
Case C-565/13: Request for a preliminary ruling from the Hovrätten för västra Sverige (Sweden) lodged on 4 November 2013 — Kammaråklagaren v Ove Ahlström, Lennart Kjellberg, Fiskeri AB Ganthi and Fiskeri AB Nordic
Date: 2013-11-04
Institutions: Court of Justice
Subjects: Morocco, agreement (EU), catch quota, fishing agreement, hiring, vessel








C_2014015EN.01000903.xml










18.1.2014   


EN


Official Journal of the European Union


C 15/9





Request for a preliminary ruling from the Hovrätten för västra Sverige (Sweden) lodged on 4 November 2013 — Kammaråklagaren v Ove Ahlström, Lennart Kjellberg, Fiskeri AB Ganthi and Fiskeri AB Nordic
(Case C-565/13)
2014/C 15/13
Language of the case: Swedish

Referring court

Hovrätten för västra Sverige

Parties to the main proceedings


Applicant: Kammaråklagaren

Defendants: Ove Ahlström, Lennart Kjellberg, Fiskeri AB Ganthi and Fiskeri AB Nordic

Questions referred







1.


Is Article 6(1) of the fisheries partnership agreement between the European Community and the Kingdom of Morocco exclusive in that it excludes Community vessels from being authorised to fish in Moroccan fishing zones on the basis of licences issued exclusively by the competent Moroccan authorities for Moroccan owners of fishing quotas?










2.


Is Article 6(1) of the fisheries partnership agreement between the European Community and the Kingdom of Morocco exclusive in that it excludes Community vessels from being chartered to Moroccan companies on a bareboat charter (on the standard’Barecon 2001’ BIMCO Standard Bareboat Charter form) for fishing in Moroccan fishing zones carried out on the basis of a licence issued exclusively by the competent Moroccan authorities to Moroccan owners of quotas?










3.


Is the answer to question 2 affected in the event that the chartering party also gives competence in the form of administration and crewing of the fishing vessel and technical support to the Moroccan company?










4.


Does the fisheries partnership agreement between the European Community and the Kingdom of Morocco mean that the Kingdom of Morocco is entitled to develop and carry out its own domestic industrial pelagic fishing alongside the agreement below the 29th Parallel (N)? If that is the case, does the agreement entitle the Kingdom of Morocco to charter or grant licences directly to Community fishing vessels for its domestic fishing without there being a need for a permit from the European Community?
Commission Implementing Regulation (EU) No 1090/2013 of 4 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Travia da Beira Baixa (PDO)]
Date: 2013-11-04
Institutions: European Commission
Subjects: Portugal, designation of origin, fresh cheese, product designation








L_2013293EN.01003401.xml










5.11.2013   


EN


Official Journal of the European Union


L 293/34








            COMMISSION IMPLEMENTING REGULATION (EU) No 1090/2013
of 4 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Travia da Beira Baixa (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)


Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Portugal’s application to register the name ‘Travia da Beira Baixa’ was published in the Official Journal of the European Union (3).












(3)


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





HAS ADOPTED THIS REGULATION:



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


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 November 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 353, 17.11.2012, p. 14.




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

Class 1.4.   Other products of animal origin (milk products)

PORTUGAL
Travia da Beira Baixa (PDO)
Commission Implementing Regulation (EU) No 1097/2013 of 4 November 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Lentilles vertes du Berry (PGI)]
Date: 2013-11-04
Institutions: European Commission
Subjects: Centre-Val de Loire, France, designation of origin, leguminous vegetable, product designation








L_2013294EN.01003601.xml










6.11.2013   


EN


Official Journal of the European Union


L 294/36








            COMMISSION IMPLEMENTING REGULATION (EU) No 1097/2013
of 4 November 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Lentilles vertes du Berry (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined France’s application for the approval of amendments to the specification for the protected geographical indication ‘Lentilles vertes du Berry’ registered under Commission Regulation (EC) No 1576/98 (3).












(3)


Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union (4), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments to the specification 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, 4 November 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ L 206, 23.7.1998, p. 15.

(4)  
            OJ C 387, 15.12.2012, p. 16.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE
Lentilles vertes du Berry (PGI)