do-me/EUR-LEX huggingface dataset:
Case T-585/13: Action brought on 8 November 2013 — H.P. Gauff Ingenieure v OHIM — Gauff (Gauff JBG Ingenieure)
Date: 2013-11-08
Institutions: General Court
Subjects: EU trade mark, civil engineering, registered trade mark, trade-mark law








C_2014024EN.01002701.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/27





Action brought on 8 November 2013 — H.P. Gauff Ingenieure v OHIM — Gauff (Gauff JBG Ingenieure)
(Case T-585/13)
2014/C 24/48
Language in which the application was lodged: German

Parties


Applicant: H.P. Gauff Ingenieure GmbH & Co. KG — JBG (Nuremberg, Germany) (represented by: G. Schneider-Rothhaar, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany)

Forms of order sought

The applicant claims that the Court should:






—


annul the contested decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 596/2013-1);










—


refer the case back to OHIM, recommending that it proceed to restitutio in integrum;










—


order OHIM to pay the costs, including those incurred in the appeal proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘Gauff JBG Ingenieure’ for goods and services in Classes 9, 11, 19, 36, 37, 39, 40, 41 and 42 — Community trade mark application No 9 992 967

Proprietor of the mark or sign cited in the opposition proceedings: Gauff GmbH & Co. Engineering KG

Mark or sign cited in opposition: German word mark and Community word mark ‘Gauff’ and German figurative mark and Community figurative mark ‘GAUFF’ for goods and services in Classes 9, 16, 35, 36, 37, 39, 40, 41, 42 and 44

Decision of the Opposition Division: the opposition was partially upheld

Decision of the Board of Appeal: dismissal of the application for restitutio in integrum and rejection of the appeal as inadmissible.

Pleas in law: infringement of Article 81 of Regulation No 207/2009.
Decision of the EEA Joint Committee No 192/2013 of 8 November 2013 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2013-11-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, carcinogenic substance, health control, health risk, market approval, reproductive health, revision of an agreement, toxic substance




L_2014092EN.01001801.xml










27.3.2014   


EN


Official Journal of the European Union


L 92/18








            DECISION OF THE EEA JOINT COMMITTEE
         
No 192/2013
of 8 November 2013
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 348/2013 of 17 April 2013 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 12zc (Regulation (EC) No 1907/2006 of the European Parliament and of the Council) of Chapter XV of Annex II to the EEA Agreement:






‘—



32013 R 0348: Commission Regulation (EU) No 348/2013 of 17 April 2013 (OJ L 108, 18.4.2013, p. 1).’






Article 2
The text of Regulation (EU) No 348/2013 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 9 November 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 November 2013.


For the EEA Joint Committee


The President

Thórir IBSEN
            





(1)  
            OJ L 108, 18.4.2013, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 195/2013 of 8 November 2013 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2013-11-08
Institutions: EEA Joint Committee
Subjects: Combined Nomenclature, European Economic Area, chemical product, cosmetic product, health control, health risk, revision of an agreement, scientific progress, technological change




L_2014092EN.01002101.xml










27.3.2014   


EN


Official Journal of the European Union


L 92/21








            DECISION OF THE EEA JOINT COMMITTEE
         
No 195/2013
of 8 November 2013
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 344/2013 of 4 April 2013 amending Annexes II, III, V and VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (1), as corrected by OJ L 142, 29.5.2013, p. 10, is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 1a (Regulation (EC) No 1223/2009 of the European Parliament and of the Council) of Chapter XVI of Annex II to the EEA Agreement:

                  ‘, as amended by:






—



32013 R 0344: Commission Regulation (EU) No 344/2013 of 4 April 2013 (OJ L 114, 25.4.2013, p. 1), as corrected by OJ L 142, 29.5.2013, p. 10.’
                     






Article 2
The text of Regulation (EU) No 344/2013, as corrected by OJ L 142, 29.5.2013, p. 10, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 9 November 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 November 2013.


For the EEA Joint Committee


The President

Thórir IBSEN
            





(1)  
            OJ L 114, 25.4.2013, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 203/2013 of 8 November 2013 amending Annex XIII (Transport) to the EEA Agreement
Date: 2013-11-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, civil aviation, explosive, police checks, revision of an agreement, traveller




L_2014092EN.01002901.xml










27.3.2014   


EN


Official Journal of the European Union


L 92/29








            DECISION OF THE EEA JOINT COMMITTEE
         
No 203/2013
of 8 November 2013
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) No 104/2013 of 4 February 2013 amending Regulation (EU) No 185/2010 as regards the screening of passengers and persons other than passengers by Explosive Trace Detection (ETD) equipment in combination with Hand Held Metal Detection (HHMD) equipment (1) is to be incorporated into the EEA Agreement.












(2)


Commission Implementing Decision 2013/511/EU of 4 February 2013 amending Commission Decision C (2010) 774 as regards the screening of passengers and persons other than passengers by Explosive Trace Detection (ETD) equipment in combination with Hand Held Metal Detection (HHMD) equipment is to be incorporated into the EEA Agreement.












(3)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex XIII to the EEA Agreement shall be amended as follows:






(1)


the following indent is inserted in point 66he (Commission Regulation (EU) No 185/2010):






‘—



32013 R 0104: Commission Implementing Regulation (EU) No 104/2013 of 4 February 2013 (OJ L 34, 5.2.2013, p. 13).’;














(2)


the following indent is inserted in point 66hf (Commission Decision C (2010) 774 final):






‘—



32013 D 0511: Commission Implementing Decision 2013/511/EU of 4 February 2013 amending Commission Decision C (2010) 774 as regards the screening of passengers and persons other than passengers by Explosive Trace Detection (ETD) equipment in combination with Hand Held Metal Detection (HHMD) equipment.’.










Article 2
The text of Implementing Regulation (EU) No 104/2013 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 9 November 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 November 2013.


For the EEA Joint Committee


The President

Thórir IBSEN
            





(1)  
            OJ L 34, 5.2.2013, p. 13.

(*1)  No constitutional requirements indicated.
Euro exchange rates
Date: 2013-11-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2013322EN.01001501.xml










8.11.2013   


EN


Official Journal of the European Union


C 322/15





Euro exchange rates (1)

7 November 2013
2013/C 322/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3365




JPY


Japanese yen


132,00




DKK


Danish krone


7,4587




GBP


Pound sterling


0,83210




SEK


Swedish krona


8,7110




CHF


Swiss franc


1,2298




ISK


Iceland króna


 




NOK


Norwegian krone


8,0160




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,850




HUF


Hungarian forint


295,78




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7025




PLN


Polish zloty


4,1623




RON


Romanian leu


4,4285




TRY


Turkish lira


2,7102




AUD


Australian dollar


1,4088




CAD


Canadian dollar


1,3940




HKD


Hong Kong dollar


10,3600




NZD


New Zealand dollar


1,5945




SGD


Singapore dollar


1,6618




KRW


South Korean won


1 418,99




ZAR


South African rand


13,6875




CNY


Chinese yuan renminbi


8,1420




HRK


Croatian kuna


7,6240




IDR


Indonesian rupiah


15 228,60




MYR


Malaysian ringgit


4,2503




PHP


Philippine peso


57,815




RUB


Russian rouble


43,2540




THB


Thai baht


41,870




BRL


Brazilian real


3,0406




MXN


Mexican peso


17,5449




INR


Indian rupee


83,6520






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 201/2013 of 8 November 2013 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
Date: 2013-11-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, data transmission, harmonisation of standards, information technology, maritime transport, regulation of telecommunications, revision of an agreement, technical standard, waveband




L_2014092EN.01002701.xml










27.3.2014   


EN


Official Journal of the European Union


L 92/27








            DECISION OF THE EEA JOINT COMMITTEE
         
No 201/2013
of 8 November 2013
         
amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Recommendation 2010/167/EU of 19 March 2010 on the authorisation of systems for mobile communication services on board vessels (MCV services) (1) is to be incorporated into the EEA Agreement.












(2)


Annex XI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 26l (Commission Recommendation 2010/572/EU) of Annex XI to the EEA Agreement:






‘26m.



32010 H 0167: Commission Recommendation 2010/167/EU of 19 March 2010 on the authorisation of systems for mobile communication services on board vessels (MCV services) (OJ L 72, 20.3.2010, p. 42).’






Article 2
The text of Recommendation 2010/167/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 9 November 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 November 2013.


For the EEA Joint Committee


The President

Thórir IBSEN
            





(1)  
            OJ L 72, 20.3.2010, p. 42.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 182/2013 of 8 November 2013 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2013-11-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, agricultural by-product, border control, revision of an agreement, veterinary inspection




L_2014092EN.01000601.xml










27.3.2014   


EN


Official Journal of the European Union


L 92/6








            DECISION OF THE EEA JOINT COMMITTEE
         
No 182/2013
of 8 November 2013
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) No 1097/2012 of 23 November 2012 amending Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive as regards dispatch of animal by-products and derived products between Member States (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 9c (Commission Regulation (EU) No 142/2011) in Part 7.1 of Chapter I of Annex I to the EEA Agreement:






‘—



32012 R 1097: Commission Implementing Regulation (EU) No 1097/2012 of 23 November 2012 (OJ L 326, 24.11.2012, p. 3).’






Article 2
The text of Implementing Regulation (EU) No 1097/2012 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 9 November 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1), or on the day of the entry into force of Decision of the EEA Joint Committee incorporating Regulation (EU) No 142/2011 into the EEA Agreement, whichever is the later.


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 November 2013.


For the EEA Joint Committee


The President

Thórir IBSEN
            





(1)  
            OJ L 326, 24.11.2012, p. 3.

(*1)  No constitutional requirements indicated.
2013/644/EU: Commission Implementing Decision of 8 November 2013 amending Decision 2006/944/EC to include the emission level allocated to the Republic of Croatia under the Kyoto Protocol (notified under document C(2013) 7489)
Date: 2013-11-08
Institutions: European Commission
Subjects: Croatia, EU emission allowance, Kyoto Protocol, accession to the European Union








L_2013301EN.01000501.xml










12.11.2013   


EN


Official Journal of the European Union


L 301/5








            COMMISSION IMPLEMENTING DECISION
         
of 8 November 2013
         
amending Decision 2006/944/EC to include the emission level allocated to the Republic of Croatia under the Kyoto Protocol
(notified under document C(2013) 7489)
(2013/644/EU)


THE EUROPEAN COMMISSION,

Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 50 thereof,

Whereas:







(1)


Commission Decision 2006/944/EC (1) determines base-year emission levels for the Union and its Member States for the five-year period of the first commitment period under the Kyoto Protocol. Those emission levels, set out in the Annex to that Decision, were established following the completion of the reviews conducted pursuant to Article 8 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.












(2)


The review of Croatia’s base-year emission level was completed on 26 August 2009. The report of that review raised a question of implementation concerning Croatia’s assigned amount. On 8 February 2012, the Compliance Committee of the Kyoto Protocol determined that the question of implementation had been resolved and the final values of Croatia’s emission level were subsequently established.












(3)


Following the accession of the Republic of Croatia to the European Union on 1 July 2013, the Annex to Decision 2006/944/EC should also include the emission level allocated to Croatia under the Kyoto Protocol.












(4)


Decision 2006/944/EC should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In the Annex to Decision 2006/944/EC the following is inserted after the entry for Estonia:






‘Croatia


148 778 503 ’






Article 2
This Decision is addressed to the Member States.




Done at Brussels, 8 November 2013.


For the Commission

Connie HEDEGAARD
            

Member of the Commission






(1)  Commission Decision 2006/944/EC of 14 December 2006 determining the respective emission levels allocated to the Community and each of its Member States under the Kyoto Protocol pursuant to Council Decision 2002/358/EC (OJ L 358, 16.12.2006, p. 87).
Case T-586/13: Action brought on 8 November 2013 — H.P. Gauff Ingenieure v OHIM — Gauff (Gauff THE ENGINEERS WITH THE BROADER VIEW)
Date: 2013-11-08
Institutions: General Court
Subjects: EU trade mark, civil engineering, registered trade mark, trade-mark law








C_2014024EN.01002702.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/27





Action brought on 8 November 2013 — H.P. Gauff Ingenieure v OHIM — Gauff (Gauff THE ENGINEERS WITH THE BROADER VIEW)
(Case T-586/13)
2014/C 24/49
Language in which the application was lodged: German

Parties


Applicant: H.P. Gauff Ingenieure GmbH & Co. KG — JBG (Nuremberg, Germany) (represented by: G. Schneider-Rothhaar, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany)

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision taken by the First Board of Appeal of OHIM of 5 September 2013 (Appeal Case R 118/2003-1);










—


refer the case back to OHIM with the recommendation to restore it to its previous state;










—


order OHIM to pay the costs including those of the proceedings before the Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: H.P. Gauff Ingenieure GmbH & Co. KG — JBG

Community trade mark concerned: the figurative mark ‘THE ENGINEERS WITH THE BROADER VIEW’ for goods and services in Classes 11, 19, 36, 37, 39, 40, 41 and 42 — application for Community trade mark No 10 028 082

Proprietor of the mark or sign cited in the opposition proceedings: Gauff GmbH & Co. Engineering KG

Mark or sign cited in opposition: the German word sign and the Community word sign ‘Gauff’ and the German figurative mark and the Community figurative mark ‘GAUFF’ for goods and services in Classes 9, 16, 35, 36, 37, 39, 40, 41, 42 and 44

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: rejection of the application for restoring the case to its previous state and rejection of the action as being inadmissible

Pleas in law: infringement of Article 81 of Regulation No 207/2009