do-me/EUR-LEX huggingface dataset:
Case C-23/13: Judgment of the Court (Sixth Chamber) of 7 November 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3 and 4)
Date: 2013-11-07
Institutions: Court of Justice
Subjects: France, infringement of EU law, water treatment








C_2014009EN.01001602.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/16





Judgment of the Court (Sixth Chamber) of 7 November 2013 — European Commission v French Republic
(Case C-23/13) (1)

(Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Urban waste water treatment - Articles 3 and 4)
2014/C 9/25
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-P. Keppenne and E. Manhaever, acting as Agents)

Defendant: French Republic (represented by: D. Colas and S. Menez, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40) — Deficiencies in the collection and treatment of urban waste water in 8 agglomerations

Operative part of the judgment

The Court:






1.


Declares that, by failing to provide for:






—


the collection of urban waste waters in the agglomeration of Basse-Terre, with a population equivalent of more than 15 000, and










—


the treatment of urban waste waters in the agglomerations of Ajaccio-Sanguinaires, Basse-Terre, Bastia-Nord, Cayenne-Leblond and Saint-Denis, with a population equivalent of more than 15 000,




the French Republic failed to fulfil its obligations under Articles 3, 4(1) and 4(3) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment.










2.


Orders the French Republic to pay the costs.






(1)  OJ C 79, 16.3.2013.
Case C-322/11: Judgment of the Court (First Chamber) of 7 November 2013 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by K (Reference for a preliminary ruling — Articles 63 TFEU and 65 TFEU — Free movement of capital — Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation)
Date: 2013-11-07
Institutions: Court of Justice
Subjects: capital transfer tax, free movement of capital, real property, tax law, tax relief








C_2014009EN.01000301.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/3





Judgment of the Court (First Chamber) of 7 November 2013 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by K
(Case C-322/11) (1)

(Reference for a preliminary ruling - Articles 63 TFEU and 65 TFEU - Free movement of capital - Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation)
2014/C 9/03
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Party to the main proceedings

K

Re:

Request for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Articles 63 and 65 TFEU — Free movement of capital — National tax legislation not allowing a person with full liability to tax to deduct the loss on the sale of immovable property situated in another Member State from the gain on the transfer of securities in the Member State of taxation

Operative part of the judgment

Articles 63 TFEU and 65 TFEU do not preclude national tax legislation such as that at issue in the main proceedings, which does not allow a taxpayer who resides in the Member State concerned and is fully liable to income tax there to deduct the losses arising on the transfer of immovable property situated in another Member State from the income from moveable assets which is taxable in the first Member State, although that would have been possible, on certain conditions, if the immovable property had been situated in the first Member State.


(1)  OJ C 252, 27.8.2011.
Case C-224/13: Order of the Court (Sixth Chamber Chamber) of 7 November 2013 — (reference for a preliminary ruling from the Tribunal di Cagliari (Italy)) — Criminal proceedings against Sergio Alfonso Lorrai (Request for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Fundamental rights — Excessive length of the criminal proceedings — Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings — Irreversible sickness of the accused — Failure to implement European Union law — Clear lack of jurisdiction of the Court of Justice)
Date: 2013-11-07
Institutions: Court of Justice
Subjects: application of EU law, capacity to exercise rights, criminal procedure, illness, jurisdiction








C_2014052EN.01002303.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/23





Order of the Court (Sixth Chamber Chamber) of 7 November 2013 — (reference for a preliminary ruling from the Tribunal di Cagliari (Italy)) — Criminal proceedings against Sergio Alfonso Lorrai
(Case C-224/13) (1)

(Request for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Fundamental rights - Excessive length of the criminal proceedings - Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings - Irreversible sickness of the accused - Failure to implement European Union law - Clear lack of jurisdiction of the Court of Justice)
2014/C 52/41
Language of the case: Italian

Referring court

Tribunal di Cagliari (Italy)

Criminal proceedings against

Sergio Alfonso Lorrai

Re:

Request for a preliminary ruling — Tribunal di Cagliari — Interpretation of Article 47(2) of the Charter of Fundamental Rights of the European Union and of Article 6 of the European Convention on Human Rights read together with Article 6 TEU — Excessive length of the criminal proceedings — National legislation laying down the obligation to stay criminal proceedings, for an indefinite period, in the event of sickness of the accused, making him incapable of consciously participating in the proceedings — Obligation to subject the accused to periodic checks — Irreversible sickness of the accused.

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Tribunal di Cagliari (Italy).


(1)  OJ C 207, 20.7.2013.
Case C-547/12 P: Judgment of the Court (Ninth Chamber) of 7 November 2013 — Hellenic Republic v European Commission (Appeal — EAGGF — ‘Guarantee’ section — Clearance of the accounts of the paying agencies of certain Member States concerning expenditure financed by the EAGGF — Amounts which are recoverable from the Hellenic Republic following failure to recover within the period prescribed — Distortion of evidence)
Date: 2013-11-07
Institutions: Court of Justice
Subjects: EAGF, Greece, reimbursement of aid








C_2014009EN.01001501.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/15





Judgment of the Court (Ninth Chamber) of 7 November 2013 — Hellenic Republic v European Commission
(Case C-547/12 P) (1)

(Appeal - EAGGF - ‘Guarantee’ section - Clearance of the accounts of the paying agencies of certain Member States concerning expenditure financed by the EAGGF - Amounts which are recoverable from the Hellenic Republic following failure to recover within the period prescribed - Distortion of evidence)
2014/C 9/22
Language of the case: Greek

Parties


Appellant: Hellenic Republic (represented by: I. Chalkias and S. Papaïoannou, acting as Agents)

Other party to the proceedings: European Commission (represented by: H. Tserepa-Lacombe and D.Triantafyllou, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 10 October 2012 in Case T-158/09 Greece v Commission by which the General Court partially rejected an action for annulment of Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment to be applied, in the context of clearance of expenditure financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), in certain cases of irregularity by operators

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 26, 26.1.2013.
Case C-587/12 P: Judgment of the Court (Second Chamber) of 7 November 2013 — Italian Republic v European Commission (Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court)
Date: 2013-11-07
Institutions: Court of Justice
Subjects: Italy, State aid, aid to undertakings, enforcement of ruling, principle of proportionality, reimbursement of aid, rights of the defence








C_2014009EN.01001601.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/16





Judgment of the Court (Second Chamber) of 7 November 2013 — Italian Republic v European Commission
(Case C-587/12 P) (1)

(Appeal - State aid - Establishing a company in certain third countries - Soft loans - Decision declaring aid partly incompatible with the common market and ordering its recovery - Decision taken following the annulment by the General Court of the original decision concerning the same proceedings - Enforcement of a judgment of the General Court)
2014/C 9/24
Language of the case: Italian

Parties


Appellant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and D. Grespan, acting as Agents)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 27 September 2012 in Case T-257/10 Italy v Commission, by which the General Court dismissed an action for annulment of Commission Decision 2011/134/EU of 24 March 2010 on the State aid implemented by Italy for Wam SpA (OJ 2011 L 57, p. 29) — Obligation to state reasons — Principle of audi alteram partem — Res judicata — Principle of proportionality — De minimis Regulation

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 63, 2.3.2013.
Case T-533/12: Judgment of the General Court of 7 November 2013 — IBSolution v OHIM — IBS (IBSolution) (Community trade mark — Opposition proceedings — Application for the Community word mark IBSolution — Earlier Community figurative mark IBS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-11-07
Institutions: General Court
Subjects: EU trade mark, information technology, registered trade mark, trade-mark law








C_2013377EN.01001401.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/14





Judgment of the General Court of 7 November 2013 — IBSolution v OHIM — IBS (IBSolution)
(Case T-533/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark IBSolution - Earlier Community figurative mark IBS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 377/32
Language of the case: English

Parties


Applicant: IBSolution GmbH (Neckarsulm, Germany) (represented by: F. Ekey, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: IBS AB (Solna, Sweden)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 September 2012 (Case R 771/2011-2) relating to opposition proceedings between IBS AB and IBSolution GmbH

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IBSolution GmbH to pay the costs.






(1)  OJ C 46, 16.2.2013.
Commission Implementing Regulation (EU) No 1162/2013 of 7 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Puzzone di Moena/Spretz Tzaorì (PDO)]
Date: 2013-11-07
Institutions: European Commission
Subjects: Italy, cows’ milk cheese, designation of origin, product designation








L_2013309EN.01001101.xml










19.11.2013   


EN


Official Journal of the European Union


L 309/11








            COMMISSION IMPLEMENTING REGULATION (EU) No 1162/2013
of 7 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Puzzone di Moena/Spretz Tzaorì (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Puzzone di Moena’/‘Spretz Tzaorì’ 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 ‘Puzzone di Moena’/‘Spretz Tzaorì’ 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, 7 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 77, 15.3.2013, p. 21.




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

Class 1.3.   Cheeses

ITALY
Puzzone di Moena/Spretz Tzaorì (PDO)
Case T-666/11: Judgment of the General Court of 7 November 2013 — Budziewska v OHIM — Puma (Bounding feline) (Community design — Invalidity proceedings — Registered Community design representing a bounding feline — Earlier designs — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — Overall impression not different — Article 6 and Article 25(1)(b) of regulation (EC) No 6/2002)
Date: 2013-11-07
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, sports equipment, trade-mark law








C_2013377EN.01001301.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/13





Judgment of the General Court of 7 November 2013 — Budziewska v OHIM — Puma (Bounding feline)
(Case T-666/11) (1)

(Community design - Invalidity proceedings - Registered Community design representing a bounding feline - Earlier designs - Ground for invalidity - Lack of individual character - Informed user - Degree of freedom of the designer - Overall impression not different - Article 6 and Article 25(1)(b) of regulation (EC) No 6/2002)
2013/C 377/29
Language of the case: Polish

Parties


Applicant: Danuta Budziewska (Łódź, Poland) (represented by: J. Masłowski, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 23 September 2011 (Case R 1137/2010-3) relating to invalidity proceedings between Puma AG Rudolf Dassler Sport and Danuta Budziewska.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Danuta Budziewska to pay the costs.






(1)  OJ C 109, 14.4.2012.
Case F-52/12: Judgment of the Civil Service Tribunal (Second Chamber) of 7.11.2013 Cortivo v Parliament (Civil service — Officials — Pensions — Correction coefficient — Member State of residence — Concept — Principal residence — Residence shared between Member States — Documents in support — Legitimate expectations)
Date: 2013-11-07
Institutions: Civil Service Tribunal
Subjects: European civil service, residence, transfer of pension rights








C_2014071EN.01003203.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/32






Judgment of the Civil Service Tribunal (Second Chamber) of 7.11.2013
Cortivo v Parliament
(Case F-52/12) (1)

(Civil service - Officials - Pensions - Correction coefficient - Member State of residence - Concept - Principal residence - Residence shared between Member States - Documents in support - Legitimate expectations)
(2014/C 71/62)
Language of the case: French

Parties


Applicant: Maria Luisa Cortivo (Sagone, France) (represented by: A. Salerno, lawyer)

Defendant: European Parliament (represented by: M. Ecker and S. Alves, acting as Agents)

Re:

Application for annulment, first, of the decision fixing the applicant’s main place of residence in Luxembourg; and, second, of the decision modifying the applicant’s pension entitlements by withdrawing the correction coefficient for France as from 1 January 2010.

Operative part of the judgment

The Tribunal:






1.


Dismisses the application;










2.


Orders Ms Cortivo to bear her own costs and to pay the costs incurred by the European Parliament.






(1)  OJ C 200, 7.7.2012 p. 22.
Commission Implementing Regulation (EU) No 1171/2013 of 7 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 [Jihočeská Niva (PGI)]
Date: 2013-11-07
Institutions: European Commission
Subjects: Czechia, South Bohemian Region, cows’ milk cheese, designation of origin, product designation








L_2013310EN.01000701.xml










20.11.2013   


EN


Official Journal of the European Union


L 310/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 1171/2013
of 7 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 [Jihočeská Niva (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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission examined the Czech Republic’s application for the approval of amendments to the specification for the protected geographical indication ‘Jihočeská Niva’ registered under Commission Regulation (EC) No 24/2010 (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 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, 7 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 9, 14.1.2010, p. 1.

(3)  
            OJ C 33, 5.2.2013, p. 5.




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

Class 1.3.   Cheeses

CZECH REPUBLIC
Jihočeská Niva (PGI)
Corrigendum to Council Implementing Regulation (EU) No 543/2012 of 25 June 2012 implementing Article 11(1) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan ( OJ L 165, 26.6.2012 )
Date: 2013-11-07
Institutions: Council of the European Union
Subjects: Afghanistan, international sanctions, legal person, natural person








L_2013296EN.01005601.xml










7.11.2013   


EN


Official Journal of the European Union


L 296/56







Corrigendum to Council Implementing Regulation (EU) No 543/2012 of 25 June 2012 implementing Article 11(1) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
(
Official Journal of the European Union L 165 of 26 June 2012
)

On page 15, recital 2:
for:







‘(2)


On 18 May 2012, the Committee established pursuant to paragraph 30 of United Nations Security Council Resolution 1988 (2011) …’,





read:







‘(2)


On 18 May and 1 June 2012, the Committee established pursuant to paragraph 30 of United Nations Security Council Resolution 1988 (2011) …’.