do-me/EUR-LEX huggingface dataset:
Case C-478/12: Judgment of the Court (Eighth Chamber) of 14 November 2013 (request for a preliminary ruling from the Landesgericht Feldkirch — Austria) — Armin Maletic, Marianne Maletic v lastminute.com GmbH, TUI Österreich GmbH (Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 16(1) — Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State — Supplier of services used by the travel agency established in the Member State where the consumer is domiciled — Right of a consumer to bring an action against two undertakings before the court for the place of his domicile)
Date: 2013-11-14
Institutions: Court of Justice
Subjects: consumer protection, jurisdiction, travel, travel agency








C_2014009EN.01001401.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/14





Judgment of the Court (Eighth Chamber) of 14 November 2013 (request for a preliminary ruling from the Landesgericht Feldkirch — Austria) — Armin Maletic, Marianne Maletic v lastminute.com GmbH, TUI Österreich GmbH
(Case C-478/12) (1)

(Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Article 16(1) - Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State - Supplier of services used by the travel agency established in the Member State where the consumer is domiciled - Right of a consumer to bring an action against two undertakings before the court for the place of his domicile)
2014/C 9/20
Language of the case: German

Referring court

Landesgericht Feldkirch

Parties to the main proceedings


Applicant: Armin Maletic, Marianne Maletic

Defendant: lastminute.com GmbH, TUI Österreich GmbH

Re:

Request for a preliminary ruling — Landesgericht Feldkirch — Interpretation of Article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction in respect of contracts entered into by consumers — All-inclusive travel contract concluded between a consumer and a company — Situation in which the company is established in a Member State other than that of the consumer and has recourse, for the purpose of performing that contract, to a company which is established in the Member State of the consumer — Whether the consumer is entitled to bring proceedings, before the court of his place of residence, against those two companies

Operative part of the judgment

The concept of ‘other party to the contract’ laid down in Article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning, in circumstances such as those at issue in the main proceedings, that it also covers the contracting partner of the operator with which the consumer concluded that contract and which has its registered office in the Member State in which the consumer is domiciled.


(1)  OJ C 26, 26.1.2013.
Case T-593/13: Action brought on 14 November 2013 — Siemag Tecberg Group v OHIM (Winder Controls)
Date: 2013-11-14
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, trade-mark law








C_2014031EN.01001202.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/12





Action brought on 14 November 2013 — Siemag Tecberg Group v OHIM (Winder Controls)
(Case T-593/13)
2014/C 31/22
Language of the case: German

Parties


Applicant: Siemag Tecberg Group GmbH (Haiger, Germany) (represented by T. Sommer, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of OHIM of 5 September 2013 in Case R 1261/2013-4;










—


Order OHIM to pay the costs;










—


Set a date for the hearing.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘Winder Controls’ for goods and services in Classes 7, 9, 35, 37, 41 and 42 — Community trade mark application No 11 542 412

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case C-257/13: Order of the Court of 14 November 2013 (request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches du Rhône — France) — Anouthani Mlamali v Caisse d’allocations familiales des Bouches-du-Rhône (Request for a preliminary ruling — Article 94 of the Rules of Procedure of the Court — Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility)
Date: 2013-11-14
Institutions: Court of Justice
Subjects: admission of aliens, equal treatment, family benefit, family migration, legal status, medical report








C_2014102EN.01001101.xml










7.4.2014   


EN


Official Journal of the European Union


C 102/11





Order of the Court of 14 November 2013 (request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches du Rhône — France) — Anouthani Mlamali v Caisse d’allocations familiales des Bouches-du-Rhône
(Case C-257/13) (1)

((Request for a preliminary ruling - Article 94 of the Rules of Procedure of the Court - Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling - Manifest inadmissibility))
2014/C 102/14
Language of the case: French

Referring court

Tribunal des affaires de sécurité sociale des Bouches du Rhône

Parties to the main proceedings


Applicant: Anouthani Mlamali

Defendant: Caisse d’allocations familiales des Bouches-du-Rhône

Re:

Request for a preliminary ruling — Tribunal des affaires de sécurité sociale des Bouches du Rhône — Interpretation of Article 11 of Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44) — Legally resident third-country national — Rejection of a claim for family allowances in respect of a dependent minor child who is himself a third-country national — Non-compliance with the statutory provisions concerning family reunification — Rejection based on the failure provide a medical certificate issued by the Agence nationale de l'accueil des étrangers et des migrations (National Agency for the reception of foreign nationals and migrants) — Equal treatment.

Operative part of the order

The request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches du Rhône (France), made by decision of 13 May 2013, is manifestly inadmissible.


(1)  OJ C 207, 20.7.2013.
Euro exchange rates
Date: 2013-11-14
Institutions: European Commission
Subjects: euro, exchange rate








C_2013330EN.01000401.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/4





Euro exchange rates (1)

13 November 2013
2013/C 330/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3415




JPY


Japanese yen


133,27




DKK


Danish krone


7,4589




GBP


Pound sterling


0,83990




SEK


Swedish krona


8,9928




CHF


Swiss franc


1,2316




ISK


Iceland króna


 




NOK


Norwegian krone


8,3380




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,055




HUF


Hungarian forint


298,66




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7029




PLN


Polish zloty


4,2020




RON


Romanian leu


4,4638




TRY


Turkish lira


2,7528




AUD


Australian dollar


1,4409




CAD


Canadian dollar


1,4071




HKD


Hong Kong dollar


10,4008




NZD


New Zealand dollar


1,6283




SGD


Singapore dollar


1,6747




KRW


South Korean won


1 438,53




ZAR


South African rand


13,8806




CNY


Chinese yuan renminbi


8,1735




HRK


Croatian kuna


7,6255




IDR


Indonesian rupiah


15 319,84




MYR


Malaysian ringgit


4,3085




PHP


Philippine peso


58,722




RUB


Russian rouble


44,0550




THB


Thai baht


42,365




BRL


Brazilian real


3,1205




MXN


Mexican peso


17,6696




INR


Indian rupee


85,1060






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.7032 — Koninklijke Reesink/Pon European Material Handling Businesses)  Text with EEA relevance
Date: 2013-11-14
Institutions: European Commission
Subjects: Belgium, Netherlands, distributive trades, economic concentration, iron and steel product, machine tool, merger control








C_2013330EN.01000301.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/3





Non-opposition to a notified concentration
(Case COMP/M.7032 — Koninklijke Reesink/Pon European Material Handling Businesses)
(Text with EEA relevance)
2013/C 330/02
On 2 October 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7032. EUR-Lex is the online access to the European law.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 14 November 2013 regarding a draft decision relating to Case AT.39633(1) — Shrimps — Rapporteur: Ireland
Date: 2013-11-14
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Belgium, Denmark, France, Germany, Netherlands, cartel, confidentiality, exchange of information, fine, fixing of prices, infringement of EU law, inter-company agreement, market-sharing agreement, merchant, restriction on competition, sea fish, trade information








C_2014453EN.01001101.xml










17.12.2014   


EN


Official Journal of the European Union


C 453/11





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 14 November 2013 regarding a draft decision relating to Case AT.39633(1) — Shrimps
Rapporteur: Ireland
(2014/C 453/05)






1.


The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 101 of the TFEU.










2.


The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous infringement for the time frame in which it existed.










3.


The Advisory Committee agrees that the Commission is entitled to rely on evidence furnished by the leniency applicant and evidence relating to Kok Seafood in the form of recordings of telephone conversations and transcripts.










4.


The Advisory Committee agrees with the European Commission that the agreements and/or concerted practices have as object a restriction of competition.










5.


The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee.










6.


The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States.










7.


The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.










8.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-283/13 P: Order of the General Court of 14 November 2013 — Marcuccio v Commission (Appeal — Civil service — Action dismissed at first instance as manifestly inadmissible — The application lodged by fax and the original subsequently received not the same — Original application lodged out of time — Action out of time — Appeal manifestly unfounded)
Date: 2013-11-14
Institutions: General Court
Subjects: European civil service, deduction at source, disability insurance, redemption








C_2014015EN.01001801.xml










18.1.2014   


EN


Official Journal of the European Union


C 15/18





Order of the General Court of 14 November 2013 — Marcuccio v Commission
(Case T-283/13 P) (1)

(Appeal - Civil service - Action dismissed at first instance as manifestly inadmissible - The application lodged by fax and the original subsequently received not the same - Original application lodged out of time - Action out of time - Appeal manifestly unfounded)
2014/C 15/26
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Third Chamber) of 11 March 2013 in Case F-131/12 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.






(1)  OJ C 207, 20.7.2013.
Case T-229/13 P: Order of the General Court of 14 November 2013 — Marcuccio v Commission (Appeal — Civil service — Action dismissed at first instance as manifestly inadmissible — The application lodged by fax and the original subsequently received not the same — Original application lodged out of time — Action out of time — Appeal manifestly unfounded)
Date: 2013-11-14
Institutions: General Court
Subjects: European civil service, deduction at source, disability insurance, redemption








C_2014015EN.01001702.xml










18.1.2014   


EN


Official Journal of the European Union


C 15/17





Order of the General Court of 14 November 2013 — Marcuccio v Commission
(Case T-229/13 P) (1)

(Appeal - Civil service - Action dismissed at first instance as manifestly inadmissible - The application lodged by fax and the original subsequently received not the same - Original application lodged out of time - Action out of time - Appeal manifestly unfounded)
2014/C 15/25
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 21 February 2013 in Case F-113/11 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.






(1)  OJ C 171, 15.6.2013.
Commission Implementing Regulation (EU) No 1148/2013 of 14 November 2013 cancelling the registration of a name in the register of protected designations of origin and protected geographical indications [Wernesgrüner Bier (PGI)]
Date: 2013-11-14
Institutions: European Commission
Subjects: Germany, beer, designation of origin, product designation








L_2013305EN.01000501.xml










15.11.2013   


EN


Official Journal of the European Union


L 305/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 1148/2013
of 14 November 2013
         
cancelling the registration of a name in the register of protected designations of origin and protected geographical indications [Wernesgrüner Bier (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 54(1) 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)


Germany submitted a request to cancel the registration of the name ‘Wernesgrüner Bier’ under Article 12 of Regulation (EC) No 510/2006, subsequently replaced by Article 54 of Regulation (EU) No 1151/2012.












(3)


In accordance with Article 6(2) of Regulation (EC) No 510/2006, Germany’s request to cancel the registration of the name ‘Wernesgrüner Bier’ was published in the Official Journal of the European Union (3).












(4)


As no objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, registration of that name should therefore be cancelled.












(5)


In light of the above, that name should therefore be deleted from the ‘Register of protected designations of origin and protected geographical indications’.












(6)


The measures laid down in this Regulation are in accordance with the opinion of the Committee on Quality Policy for Agricultural Products,





HAS ADOPTED THIS REGULATION:



Article 1
The registration of the name shown in the Annex to this Regulation is hereby cancelled.


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, 14 November 2013.


For the Commission


The President

José Manuel BARROSO
            





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

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

(3)  
            OJ C 322, 24.10.2012, p. 13.




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

Class 2.1.   Beers

GERMANY
Wernesgrüner Bier (PGI)
State aid — Decision to raise no objections
Date: 2013-11-14
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, electrical energy, energy production, environmental protection








C_2013330EN.01000701.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/7





State aid — Decision to raise no objections
2013/C 330/06
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


10 July 2013




Case number


:


73917




Decision number


:


304/13/COL




EFTA State


:


Norway




Name of the beneficiary


:


Elkem AS




Type of measure


:


Individual aid under the Energy Fund scheme, subject to a detailed assessment under the EFTA Surveillance Authority’s Guidelines on State aid for environmental protection




Scheme


:


The Energy Fund scheme approved by the EFTA Surveillance Authority with Decision No 248/11/COL




Objective


:


Environmental protection




Form of aid


:


Grant




Aid amount


:


NOK 350 million




Economic sectors


:


Electricity production




Name and address of the granting authority


:







Enova SF




Professor Brochs gate 2




7030 Trondheim




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Request for an Advisory Opinion from the EFTA Court by Hæstiréttur Íslands dated 14 November 2013 in the case of the Icelandic State v Atli Gunnarsson (Case E-26/13)
Date: 2013-11-14
Institutions: EFTA Court
Subjects: European Economic Area, married person, social-security benefit, tax on income, tax relief








C_2014081EN.01001301.xml










20.3.2014   


EN


Official Journal of the European Union


C 81/13





Request for an Advisory Opinion from the EFTA Court by Hæstiréttur Íslands dated 14 November 2013 in the case of the Icelandic State v Atli Gunnarsson
(Case E-26/13)
2014/C 81/12
A request has been made to the EFTA Court by a letter dated 14 November 2013 from Hæstiréttur Íslands (The Supreme Court of Iceland), which was received at the Court Registry on 15 November 2013, for an Advisory Opinion in the case of the Icelandic State v Atli Gunnarsson, on the following questions:






1.


Is it compatible with Article 28 of the Agreement on the European Economic Area and/or Article 7 of Directive 2004/38/EC that a State (A), which is party to the Agreement, does not give spouses the option of pooling their personal tax credits in connection with the assessment of income tax in circumstances in which both spouses move from State (A) and live in another State (B) in the European Economic Area and one of them receives a pension from State (A) while the other has no income, yet the tax position of the couple would be different if both lived in State (A), including the fact that they would be entitled to pool their personal tax credits?










2.


When Question 1 is answered, is it of significance that the Agreement on the European Economic Area does not contain any provision corresponding to Article 21 of the Treaty on the Functioning of the European Union?
Case T-52/13: Judgment of the General Court of 14 November 2013 — Efag Trade Mark Company v OHIM (FICKEN) (Community trade mark — Application for Community word mark FICKEN — Absolute ground for refusal — Mark contrary to public order and good morals — Article 7(1)(f) of Regulation (EC) No 207/2009)
Date: 2013-11-14
Institutions: General Court
Subjects: EU trade mark, beverage industry, clothing industry, registered trade mark, trade-mark law








C_2013377EN.01001501.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/15





Judgment of the General Court of 14 November 2013 — Efag Trade Mark Company v OHIM (FICKEN)
(Case T-52/13) (1)

(Community trade mark - Application for Community word mark FICKEN - Absolute ground for refusal - Mark contrary to public order and good morals - Article 7(1)(f) of Regulation (EC) No 207/2009)
2013/C 377/34
Language of the case: German

Parties


Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by: M. Wekwerth, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 October 2012 (Case R 493/2012-1), concerning an application for registration of the word sign FICKEN as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Efag Trade Mark Company GmbH & Co. KG to pay the costs.






(1)  OJ C 101, 6.4.2013.