do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 15 November 2013 in Case E-10/13 — EFTA Surveillance Authority v Iceland (Failure by an EEA/EFTA State to fulfil its obligations — Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle for equal opportunities and equal treatment of men and women in matters of employment and occupation)
Date: 2013-11-15
Institutions: EFTA Court
Subjects: Iceland, equal treatment, gender equality, infringement of EU law, job access, national implementing measure, working conditions








C_2014088EN.01001001.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/10






JUDGMENT OF THE COURT

of 15 November 2013
in Case E-10/13
EFTA Surveillance Authority v Iceland
(Failure by an EEA/EFTA State to fulfil its obligations — Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle for equal opportunities and equal treatment of men and women in matters of employment and occupation)
2014/C 88/07
In Case E-10/13, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing, within the time prescribed, to adopt measures necessary to correctly implement into its national legislation the provisions of Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Act referred to at point 21b of Annex XVIII to the Agreement on the European Economic Area (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle for equal opportunities and equal treatment of men and women in matters of employment and occupation), as adapted to the Agreement by way of Protocol 1 thereto, Iceland has failed to fulfil its obligations under the Act, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 15 November 2013, the operative part of which is as follows:
The Court hereby:






1.


declares that, by failing within the time limit prescribed to adopt the measures necessary to correctly implement into its national legislation Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Act referred to at point 21b of Annex XVIII to the Agreement on the European Economic Area (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle for equal opportunities and equal treatment of men and women in matters of employment and occupation), as adapted to the Agreement by way of Protocol 1 thereto, Iceland has failed to fulfil its obligations under the Act;










2.


orders Iceland to bear the costs of the proceedings.
2014/317/Euratom: Council Decision of 15 November 2013 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Date: 2013-11-15
Institutions: Council of the European Union
Subjects: Albania, Croatia, EAEC, accession to the European Union, protocol to an agreement, ratification of an agreement, stabilisation and association agreement








L_2014165EN.01000501.xml










4.6.2014   


EN


Official Journal of the European Union


L 165/5








            COUNCIL DECISION
         
of 15 November 2013
         
approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/317/Euratom)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,


Having regard to the recommendation from the European Commission,

Whereas:







(1)


On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).












(2)


Those negotiations were successfully completed and the Protocol was approved by the Albanian authorities, through an Exchange of Letters on 1 August 2013.












(3)


The conclusion, by the European Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.












(4)


The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,





HAS ADOPTED THIS DECISION:



Sole Article
The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.
The text of the Protocol is attached to the Decision on its signature.




Done at Brussels, 15 November 2013.


For the Council


The President

R. ŠADŽIUS
Case C-581/13 P: Appeal brought on 15 November 2013 by Intra-Presse against the judgment of the General Court (First Chamber) delivered on 16 September 2013 in Case T-448/11: Golden Balls Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2013-11-15
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, trade-mark law, translation








C_2014024EN.01000802.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/8





Appeal brought on 15 November 2013 by Intra-Presse against the judgment of the General Court (First Chamber) delivered on 16 September 2013 in Case T-448/11: Golden Balls Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-581/13 P)
2014/C 24/15
Language of the case: English

Parties


Appellant: Intra-Presse (represented by: P. Péters, advocaat, T. de Haan, avocat, M. Laborde, avocate)

Otherparties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs); Golden Balls Ltd

Form of order sought

The appellant claims that the Court should:






—


annul the judgment of the General Court of the European Court of 16 September 2013 in Case T-448/11;










—


refer the case back to the General Court of the European Union to rule on the action brought by Intra-Presse under Article 8(5) of Regulation No 207/2009 (1);










—


order that the costs be reserved.





Pleas in law and main arguments

Appellant submits that the contested judgment should be annulled on the following grounds.
Firstly, the General Court infringed Article 8(1)(b) CTMR in defining the relevant public, in assessing the degree of conceptual similarity between marks by adding a requirement of ‘intellectual process of translation’, ‘begin by translating’ or ‘prior translation’, and in omitting to take the reputation of the earlier mark for services in Class 41 into account. Secondly, the General Court infringed Article 8(5) CTMR by failing to carry out a global assessment and omitting to examine the relevance of the reputation of Appellant’s earlier mark and the existence of a possible link.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
Case T-600/13: Action brought on 15 November 2013 — Bimbo v OHIM (FIBRA PROTEÍNAS NUTRIENTES)
Date: 2013-11-15
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2014031EN.01001301.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/13





Action brought on 15 November 2013 — Bimbo v OHIM (FIBRA PROTEÍNAS NUTRIENTES)
(Case T-600/13)
2014/C 31/23
Language of the case: Spanish

Parties


Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Board of Appeal of 11 September 2013 and, consequently, grant Community figurative mark No 11 094 381 for all of the goods in respect of which it is requested in Class 30;










—


order the defendant to pay the costs of the proceedings, in accordance with Article 87(2) of the Rules of Procedure of the General Court.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark ‘FIBRA PROTEÍNAS NUTRIENTES’ for goods in Class 30 — Community trade mark application No 11 094 381

Decision of the Examiner: Application for registration rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; and










—


Infringement of Article 83 of Regulation No 207/2009 with regard to the principle of equal treatment and Articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Council Decision of 15 November 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2013-11-15
Institutions: Council of the European Union
Subjects: Cedefop, Malta, appointment of members, decision-making body (EU)








C_2013340EN.01000101.xml










21.11.2013   


EN


Official Journal of the European Union


C 340/1





COUNCIL DECISION
of 15 November 2013
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2013/C 340/01
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
Having regard to the nomination submitted by the Maltese government,
Having regard to the nomination submitted by the Commission in the category of Employers’ representatives,
Whereas:






(1)


By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.










(2)


A member’s seat is available for Malta on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr James Joachim CALLEJA.










(3)


A member’s seat on the Governing Board of the Centre in the category of Employers’ representatives has become vacant as a result of the resignation of Ms Jeanelle CATANIA.










(4)


The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,




HAS DECIDED AS FOLLOWS:
Sole Article
The following persons are hereby appointed as members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:







GOVERNMENT REPRESENTATIVES:





MALTA


Ms Tanya SAMMUT-BONNICI





REPRESENTATIVES OF EMPLOYERS’ ORGANISATION:





MALTA


Mr John HUBER
BusinessEurope





Done at Brussels, 15 November 2013.


For the Council


The President

R. ŠADŽIUS




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.
Judgment of the Court of 15 November 2013 in Case E-9/13 — EFTA Surveillance Authority v the Kingdom of Norway (Failure by an EEA State to fulfil its obligations — Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers)
Date: 2013-11-15
Institutions: EFTA Court
Subjects: Norway, infringement of EU law, motor vehicle, national implementing measure, roadworthiness tests








C_2014088EN.01001101.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/11






JUDGMENT OF THE COURT

of 15 November 2013
in Case E-9/13
EFTA Surveillance Authority v the Kingdom of Norway
(Failure by an EEA State to fulfil its obligations — Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers)
2014/C 88/08
In Case E-9/13, EFTA Surveillance Authority v the Kingdom of Norway — APPLICATION for a declaration that by failing to adopt or to notify the EFTA Surveillance Authority forthwith of all the measures necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 15 November 2013, the operative part of which is as follows:
The Court hereby:






1.


declares that by failing to adopt all the measures necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted by the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement;










2.


orders the Kingdom of Norway to bear the costs of the proceedings.
Euro exchange rates
Date: 2013-11-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2013332EN.01001301.xml










15.11.2013   


EN


Official Journal of the European Union


C 332/13





Euro exchange rates (1)

14 November 2013
2013/C 332/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3436




JPY


Japanese yen


134,26




DKK


Danish krone


7,4589




GBP


Pound sterling


0,83715




SEK


Swedish krona


8,9740




CHF


Swiss franc


1,2332




ISK


Iceland króna


 




NOK


Norwegian krone


8,3310




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,176




HUF


Hungarian forint


297,63




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7030




PLN


Polish zloty


4,1855




RON


Romanian leu


4,4523




TRY


Turkish lira


2,7500




AUD


Australian dollar


1,4454




CAD


Canadian dollar


1,4106




HKD


Hong Kong dollar


10,4177




NZD


New Zealand dollar


1,6281




SGD


Singapore dollar


1,6765




KRW


South Korean won


1 437,48




ZAR


South African rand


13,8888




CNY


Chinese yuan renminbi


8,1847




HRK


Croatian kuna


7,6278




IDR


Indonesian rupiah


15 309,83




MYR


Malaysian ringgit


4,3064




PHP


Philippine peso


58,596




RUB


Russian rouble


43,9900




THB


Thai baht


42,444




BRL


Brazilian real


3,1255




MXN


Mexican peso


17,5555




INR


Indian rupee


85,1170






(1)  Source: reference exchange rate published by the ECB.
Case T-606/13: Action brought on 15 November 2013 — Mustang v OHIM — Dubek (20 CLASS A FILTER CIGARETTES Mustang)
Date: 2013-11-15
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco industry, trade-mark law








C_2014039EN.01002202.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/22





Action brought on 15 November 2013 — Mustang v OHIM — Dubek (20 CLASS A FILTER CIGARETTES Mustang)
(Case T-606/13)
2014/C 39/39
Language in which the application was lodged: German

Parties


Applicant: Mustang — Bekleidungswerke GmbH & Co. KG (Künzelsau, Germany) (represented by: S. Völker, lawyer)

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

Other party to the proceedings before the Board of Appeal: Dubek Ltd (Petach Tikva, Israel)

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 13 September 2013 in Case R 416/2012-4 concerning the opposition proceedings against Community trade mark application No 6 065 098;










—


order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Dubek Ltd

Community trade mark concerned: figurative mark ‘20 CLASS A FILTER CIGARETTES Mustang’ for goods in Class 34 — Community trade mark application No 6 065 098

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

Mark or sign cited in opposition: German word mark and figurative mark ‘MUSTANG’ for goods in Classes 9, 14, 18 and 25

Decision of the Opposition Division: the opposition was dismissed

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
2013/670/EU: Council Decision of 15 November 2013 appointing a German member and a German alternate membe of the Committee of the Regions
Date: 2013-11-15
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2013312EN.01004701.xml










21.11.2013   


EN


Official Journal of the European Union


L 312/47








            COUNCIL DECISION
         
of 15 November 2013
         
appointing a German member and a German alternate membe of the Committee of the Regions
(2013/670/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Martina KROGMANN.












(3)


An alternate member’s seat has become vacant following the end of the term of office of Mr Wilhelm HOGREFE,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






a)


as member:






—


Ms Birgit HONÉ, Staatssekretärin





and










b)


as alternate member:






—


Mr Sven AMBROSY, Landrat des Kreises Friesland.











Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 15 November 2013.


For the Council


The President

R. ŠADŽIUS
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-596/13: Action brought on 15 November 2013 — Emsibeth v OHIM — Peek & Cloppenburg (Nael)
Date: 2013-11-15
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2014039EN.01002103.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/21





Action brought on 15 November 2013 — Emsibeth v OHIM — Peek & Cloppenburg (Nael)
(Case T-596/13)
2014/C 39/37
Language in which the application was lodged: Italian

Parties


Applicant: Emsibeth SpA (Verona, Italy) (represented by: A. Arpaia, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Peek & Cloppenburg KG (Düsseldorf, Germany)

Form of order sought

The applicant claims the General Court should:






—


set aside the contested decision; and










—


order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community mark sought: the figurative mark ‘Nael’, for goods in class 3 — application for registration No 9726894

Proprietor of the mark or sign cited in the opposition proceedings: Peek & Cloppenburg KG

Mark or sign cited in opposition: Community word mark ‘Mc Neal’, for goods in class 3

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Annulment of the Opposition Division’s decision and rejection of the application for registration of the mark

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/09.