do-me/EUR-LEX huggingface dataset:
Case T-245/12: Judgment of the General Court of 12 November 2013 — Gamesa Eólica v OHIM — Enercon (Blended shades of green) (Community trade mark — Invalidity proceedings — Absolute ground for refusal — Application for Community trade mark consisting of blended shades of green — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009 — Article 62 of Regulation No 207/2009)
Date: 2013-11-12
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wind energy








C_2013377EN.01001303.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/13





Judgment of the General Court of 12 November 2013 — Gamesa Eólica v OHIM — Enercon (Blended shades of green)
(Case T-245/12) (1)

(Community trade mark - Invalidity proceedings - Absolute ground for refusal - Application for Community trade mark consisting of blended shades of green - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Bad faith - Article 52(1)(b) of Regulation No 207/2009 - Article 62 of Regulation No 207/2009)
2013/C 377/31
Language of the case: English

Parties


Applicant: Gamesa Eólica, SL (Sarriguren, Spain) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Enercon GmbH (Aurich, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 260/2011-1) relating to invalidity proceedings between Gamesa Eólica SL and Enercon GmbH.

Operative part of the judgment

The Court:






1.


Annuls the decision of First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2012 (Case R 260/2011-1);










2.


Orders OHIM to bear its own costs and to pay the costs of Gamesa Eólica, SL.






(1)  OJ C 243, 11.8.2012.
Commission Implementing Regulation (EU) No 1142/2013 of 12 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 [Chaource (PDO)]
Date: 2013-11-12
Institutions: European Commission
Subjects: France, cows’ milk cheese, designation of origin, product designation, soft cheese








L_2013303EN.01000801.xml










14.11.2013   


EN


Official Journal of the European Union


L 303/8








            COMMISSION IMPLEMENTING REGULATION (EU) No 1142/2013
of 12 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 [Chaource (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)


By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Chaource’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1326/2008 (3).












(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 (4) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments 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, 12 November 2013.


For the Commission, On behalf of the President,
Algirdas ŠEMETA
            

Member of the Commission






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

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 345, 23.12.2008, p. 20.

(4)  
            OJ C 159, 5.6.2013, p. 7.




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

Class 1.3.   Cheeses

FRANCE
Chaource (PDO)
Case T-147/12: Judgment of the General Court of 12 November 2013 — Wünsche Handelsgesellschaft International v Commission (Customs union — Imports of preserved mushrooms from China — Decision finding no justification for the remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Detectable error on the part of the customs authorities — Obvious negligence on the part of the importer — Legitimate expectations — Proportionality — Sound administration — Equal treatment)
Date: 2013-11-12
Institutions: General Court
Subjects: China, customs union, equal treatment, import (EU), mushroom-growing, originating product, preserved product, principle of proportionality








C_2013377EN.01001302.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/13





Judgment of the General Court of 12 November 2013 — Wünsche Handelsgesellschaft International v Commission
(Case T-147/12) (1)

(Customs union - Imports of preserved mushrooms from China - Decision finding no justification for the remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Detectable error on the part of the customs authorities - Obvious negligence on the part of the importer - Legitimate expectations - Proportionality - Sound administration - Equal treatment)
2013/C 377/30
Language of the case: German

Parties


Applicant: Wünsche Handelsgesellschaft International mbH & Co KG (Hamburg, Germany) (represented by: K. Landry and G. Schwendinger, lawyers)

Defendant: European Commission (represented by: L. Keppenne and B.-R. Killmann, acting as Agents)

Re:

Application for annulment of Commission Decision C(2011) 6393 final of 16 September 2011 determining that remission of import duties was not justified in a particular case

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Wünsche Handelsgesellschaft International mbH & Co KG to pay the costs.






(1)  OJ C 165, 9.6.2012.
Case T-499/10: Judgment of the General Court of 12 November 2013 — MOL v Commission (State aid — Agreement between the Hungarian State and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent change in the statutory system of fees — Decision declaring the aid incompatible with the internal market — Selective nature)
Date: 2013-11-12
Institutions: General Court
Subjects: Hungary, State aid, extraction of oil, gas, reimbursement of aid








C_2013377EN.01001102.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/11





Judgment of the General Court of 12 November 2013 — MOL v Commission
(Case T-499/10) (1)

(State aid - Agreement between the Hungarian State and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons - Subsequent change in the statutory system of fees - Decision declaring the aid incompatible with the internal market - Selective nature)
2013/C 377/25
Language of the case: English

Parties


Applicant: MOL Magyar Olaj- és Gázipari Nyrt. (Budapest, Hungary) (represented by: N. Niejahr, lawyer, F. Carlin, Barrister, and C. van der Meer, lawyer)

Defendant: European Commission (represented by: L. Flynn and K. Talabér-Ritz, Agents)

Re:

Principally, application for annulment of Commission Decision 2011/88/EU of 9 June 2010 on State aid C 1/09 (ex NN 69/08) granted by Hungary to MOL Nyrt. (OJ 2011 L 34, p. 55) and, in the alternative, for annulment of that decision in so far as it orders the recovery of amounts from the latter.

Operative part of the judgment

The Court:






1.


Annuls European Commission Decision 2011/88/EU of 9 June 2010 on State aid C 1/09 (ex NN 69/08) granted by Hungary to MOL Nyrt;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 346, 18.12.2010.
Euro exchange rates
Date: 2013-11-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2013326EN.01000101.xml










12.11.2013   


EN


Official Journal of the European Union


C 326/1





Euro exchange rates (1)

11 November 2013
2013/C 326/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3394




JPY


Japanese yen


132,86




DKK


Danish krone


7,4586




GBP


Pound sterling


0,83810




SEK


Swedish krona


8,7967




CHF


Swiss franc


1,2328




ISK


Iceland króna


 




NOK


Norwegian krone


8,2065




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,996




HUF


Hungarian forint


297,29




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,2045




RON


Romanian leu


4,4535




TRY


Turkish lira


2,7286




AUD


Australian dollar


1,4314




CAD


Canadian dollar


1,4026




HKD


Hong Kong dollar


10,3843




NZD


New Zealand dollar


1,6262




SGD


Singapore dollar


1,6720




KRW


South Korean won


1 436,57




ZAR


South African rand


13,8735




CNY


Chinese yuan renminbi


8,1587




HRK


Croatian kuna


7,6218




IDR


Indonesian rupiah


15 483,47




MYR


Malaysian ringgit


4,2858




PHP


Philippine peso


58,420




RUB


Russian rouble


43,8100




THB


Thai baht


42,359




BRL


Brazilian real


3,1002




MXN


Mexican peso


17,6466




INR


Indian rupee


84,7040






(1)  Source: reference exchange rate published by the ECB.
Case F-79/13: Action brought on 12 November 2013 — ZZ v EMCDDA
Date: 2013-11-12
Institutions: Civil Service Tribunal
Subjects: contract, indemnification, psychological harassment








C_2014031EN.01002201.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/22





Action brought on 12 November 2013 — ZZ v EMCDDA
(Case F-79/13)
2014/C 31/38
Language of the case: English

Parties


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

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Subject-matter and description of the proceedings

The annulment of the decision rejecting the applicant’s request in order to state that a moral harassment was held by the superior and of the decision not renew the applicant’s contract and, as a consequence, the conduct of a new impartial investigation plus the compensation of the material and moral prejudices.

Form of order sought







—


Annul the Director’s decision of 11th September 2012 rejecting the Applicant’s request;










—


annul the decision not to renew the Applicant’s contract dated 14th September 2012;










—


annul the Chairman of the Management Board’s decision of 13th May 2013 and the Director’s decision of 25th June 2013, rejecting the Applicant’s complaint;










—


as a consequence, to conduct a new regular, unbiased and impartial investigation;










—


compensate the material prejudice suffered by the Applicant estimated at 430 202 euros;










—


compensate the moral prejudice suffered by the Applicant estimated at 120 000 euros;










—


order the Defendant to pay for all costs.
Case C-573/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 12 November 2013 — Air Berlin PLC & Co. Luftverkehrs KG v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV
Date: 2013-11-12
Institutions: Court of Justice
Subjects: air freight rate, consumer information, electronic commerce, publishing of prices, reservation








C_2014071EN.01000202.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/2






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 12 November 2013 — Air Berlin PLC & Co. Luftverkehrs KG v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV
(Case C-573/13)
(2014/C 71/03)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant on a point of law: Air Berlin PLC & Co. Luftverkehrs KG

Respondent in the appeal on a point of law: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV

Questions referred







1.


Is the second sentence of Article 23(1) of Regulation (EC) No 1008/2008 (1) to be interpreted as meaning that the final price to be paid must, in the context of a computerised booking system, be indicated when the prices of air services are shown for the first time?










2.


Is the second sentence of Article 23(1) of Regulation (EC) No 1008/2008 to be interpreted as meaning that the final price to be paid must, in the context of a computerised booking system, be indicated only for the air service specifically selected by the customer or for each air service shown?






(1)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).
Order of the President of the Court of 12 November 2013 in Case E-22/13 — Íslandsbanki hf. v Gunnar V. Engilbertsson (Withdrawal of a request for an advisory opinion)
Date: 2013-11-12
Institutions: EFTA Court
Subjects: consumer protection, deadline for payment, real estate credit, redemption, unfair terms of contract








C_2014081EN.01001402.xml










20.3.2014   


EN


Official Journal of the European Union


C 81/14






ORDER OF THE PRESIDENT OF THE COURT

of 12 November 2013
in Case E-22/13
Íslandsbanki hf. v Gunnar V. Engilbertsson
(Withdrawal of a request for an advisory opinion)
2014/C 81/15
REQUEST from Hæstiréttur Íslands (the Supreme Court of Iceland) requesting the EFTA Court to give an advisory opinion pursuant to Article 34 of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice,
the President of the Court gave order on 12 November 2013, the operative part of which orders:
Case E-22/13 to be removed from the Register.
2013/697/CFSP: Political and Security Committee Decision EUTM Mali/3/2013 of 12 November 2013 on the acceptance of third States' contributions to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
Date: 2013-11-12
Institutions: Political and Security Committee
Subjects: EU military mission, Mali, Switzerland, financial aid, military training




L_2013320EN.01003301.xml










30.11.2013   


EN


Official Journal of the European Union


L 320/33








            POLITICAL AND SECURITY COMMITTEE DECISION EUTM MALI/3/2013
of 12 November 2013
         
on the acceptance of third States' contributions to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
(2013/697/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (1), and in particular Article 8(2) thereof,

Whereas:







(1)


Pursuant to Article 8(2) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on acceptance of the proposed contributions by third States.












(2)


Following recommendations on a contribution from the Swiss Confederation by the EU Mission Commander and the advice from the European Union Military Committee, the contribution from the Swiss Confederation should be accepted.












(3)


In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,





HAS ADOPTED THIS DECISION:



Article 1

Third States' contributions


1.   The contribution from the Swiss Confederation to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) is accepted and is considered to be significant.


2.   The Swiss Confederation is exempted from financial contributions to the budget of EUTM Mali.



Article 2

Entry into force

This Decision shall enter into force on the date of its adoption.




Done at Brussels, 12 November 2013.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(1)  
            OJ 14, 18.1.2013, p. 19.
Case T-552/12: Judgment of the General Court of 12 November 2013 — North Drilling v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of fact — Temporal adjustment of the effects of an annulment)
Date: 2013-11-12
Institutions: General Court
Subjects: Iran, capital movement, common foreign and security policy, economic sanctions, international sanctions, nuclear non-proliferation








C_2013377EN.01001402.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/14





Judgment of the General Court of 12 November 2013 — North Drilling v Council
(Case T-552/12) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Error of fact - Temporal adjustment of the effects of an annulment)
2013/C 377/33
Language of the case: Spanish

Parties


Applicant: North Drilling Co. (Teheran, Iran) (represented by: J. Viñals Camallonga, L. Barriola Urruticoechea and J. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and A. De Elera, acting as Agents)

Re:

Application for annulment, first, of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58), and, secondly, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), in so far as those measures affect the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it included the name of North Drilling Co. in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;










2.


Annuls Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it included the name of North Drilling in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;










3.


Annuls Annex IX to Regulation No 267/2012 in so far as it concerns North Drilling;










4.


Orders the effects of Decision 2010/413, as amended by Decision 2012/635, to be maintained as regards North Drilling from its entry into force, on the twentieth day following its publication in the Official Journal of the European Union, until the partial annulment of Regulation No 267/2012 takes effect;










5.


Orders the Council of the European Union to bear its own costs and to pay those incurred by North Drilling in the present proceedings and in the proceedings for interim measures.






(1)  OJ C 46, 16.2.2013.
Prior notification of a concentration (Case COMP/M.7065 — Triton/Bosch Rexroth Pneumatics Holding) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-12
Institutions: European Commission
Subjects: Austria, Germany, Switzerland, economic concentration, financial services, investment company, medium-sized business, merger control, vehicle parts








C_2013326EN.01000701.xml










12.11.2013   


EN


Official Journal of the European Union


C 326/7





Prior notification of a concentration
(Case COMP/M.7065 — Triton/Bosch Rexroth Pneumatics Holding)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 326/05






1.


On 4 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Triton Managers IV Limited and TFF IV Limited in their capacity as general partners of Triton Fund IV, part of the Triton Group (‘Triton’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Bosch Rexroth Pneumatic Holding BV (‘Bosch Rexroth’, Germany) by way of purchase of all shares.










2.


The business activities of the undertakings concerned are:






—


for Triton: active in investing in medium sized businesses having their headquarter in Northern Europe, and in particular in Austria, Germany, Switzerland and the Nordic Countries,










—


for Bosch Rexroth: holding company of the Bosch Rexroth Pneumatic Business active in pneumatic technology, in particular for industrial applications, and in the truck, marine and tooth chain segment.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7065 — Triton/Bosch Rexroth Pneumatics Holding, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).