do-me/EUR-LEX huggingface dataset:
Case T-615/13: Action brought on 20 November 2013 — AIC v OHIM — ACV Manufacturing (Heat exchangers)
Date: 2013-11-20
Institutions: General Court
Subjects: EU trade mark, heat pump, registered trade mark, trade-mark law








C_2014024EN.01003402.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/34





Action brought on 20 November 2013 — AIC v OHIM — ACV Manufacturing (Heat exchangers)
(Case T-615/13)
2014/C 24/64
Language in which the application was lodged: English

Parties


Applicant: AIC S.A. (Gdynia, Poland) (represented by: J. Radłowski, lawyer)

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

Other party to the proceedings before the Board of Appeal: ACV Manufacturing (Seneffe, Belgium)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2013 given in Case R 291/2012-3;










—


Order the defendant to pay the costs of the present proceedings and those incurred before the Board of Appeal.





Pleas in law and main arguments


Registered Community design in respect of which a declaration of invalidity has been sought: The design for a product described as ‘heat exchangers’ — Registered Community Design No 1 618 703-0001

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: It was alleged that the design did not fulfil the requirements of Article 4(1) and (2), in conjunction with Articles 5 and 6 and in particular Article 8(1) and (2) CDR

Decision of the Cancellation Division: Declared the contested RCD invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 25(1)(b) in conjunction with Article 4(2) CDR.
European Parliament legislative resolution of 20 November 2013 on the proposal for a Council regulation amending Regulation (EC) No 723/2009 concerning the Community legal framework for a European Research Infrastructures Consortium (ERIC) (COM(2012)0682 — C7-0421/2012 — 2012/0321(NLE))
Date: 2013-11-20
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: EU Member State, EU research policy, associated country, consortium, legal status, operation of the Institutions, research body, research programme








C_2016436EN.01021101.xml










24.11.2016   


EN


Official Journal of the European Union


C 436/211





P7_TA(2013)0481
Legal framework for a European Research Infrastructures Consortium *
European Parliament legislative resolution of 20 November 2013 on the proposal for a Council regulation amending Regulation (EC) No 723/2009 concerning the Community legal framework for a European Research Infrastructures Consortium (ERIC) (COM(2012)0682 — C7-0421/2012 — 2012/0321(NLE))
(Consultation)
(2016/C 436/36)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2012)0682),










—


having regard to Articles 187 and 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0421/2012),










—


having regard to Rule 55 and Rule 46(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Industry, Research and Energy (A7-0331/2013),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.
2014/97/EU: Decision of the European Parliament and of the Council of 20 November 2013 on the mobilisation of the Flexibility Instrument
Date: 2013-11-20
Institutions: Council of the European Union, European Parliament
Subjects: Cyprus, Structural Funds, commitment of expenditure, financial instrument, general budget (EU), supplementary financing








L_2014050EN.01001901.xml










20.2.2014   


EN


Official Journal of the European Union


L 50/19








            DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 20 November 2013
         
on the mobilisation of the Flexibility Instrument
(2014/97/EU)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (1), and in particular the Article 11 thereof,


Having regard to the proposal from the European Commission,


Whereas, after having examined all possibilities for re-allocating appropriations under heading 1b, it appears necessary to mobilise the flexibility instrument to complement the financing in the general budget of the European Union for the financial year 2014, beyond the ceiling of heading 1b, of EUR 89 330 000 towards the financing of the Cypriot Structural Funds programmes to grant an additional allocation from the Structural Funds to Cyprus for the year 2014 by a total amount of EUR 100 000 000,

HAVE ADOPTED THIS DECISION:



Article 1
For the general budget of the European Union for the financial year 2014, the flexibility instrument shall be used to provide the sum of EUR 89 330 000 in commitment appropriations in heading 1b.
That amount shall be used to complement the financing of the Cypriot Structural Funds programmes under heading 1b.


Article 2
This decision shall be published in the Official Journal of the European Union.





Done at Strasbourg, 20 November 2013.


For the European Parliament


The President

M. SCHULZ
            



For the Council


The President

V. LEŠKEVIČIUS
            





(1)  
            OJ L 347, 20.12.2013, p. 884.
Case T-613/13: Action brought on 20 November 2013 — alfavet Tierarzneimittel v OHIM — Millet Innovation (Epibac)
Date: 2013-11-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, veterinary medicinal product








C_2014039EN.01002301.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/23





Action brought on 20 November 2013 — alfavet Tierarzneimittel v OHIM — Millet Innovation (Epibac)
(Case T-613/13)
2014/C 39/40
Language in which the application was lodged: German

Parties


Applicant: alfavet Tierarzneimittel GmbH (Neumünster, Germany) (represented by: U. Bender, lawyer)

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

Other party to the proceedings before the Board of Appeal: Millet Innovation SA (Loriol sur Drome, France)

Form of order sought

The applicant claims that the Court should:






—


alter the decision of the Fourth Board of Appeal of 6 September 2013 (Case R 1253/2012-4) in such a way that the opposition is rejected, and










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: word mark ‘Epibac’ for goods in Classes 3, 5 and 31 — Community trade mark application No 6861124

Proprietor of the mark or sign cited in the opposition proceedings: Millet Innovation SA

Mark or sign cited in opposition: Word marks ‘EPITACT’ for goods in Classes 3, 5 and 10

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

Decision of the Board of Appeal: the appeal was dismissed in part

Pleas in law: Infringement of Article 8(1)(a) and (b) of Regulation (EC) No 207/2009.
Case C-587/13 P: Appeal brought on 20 November 2013 by Banco Bilbao Vizcaya Argentaria, S.A. against the order of the General Court (Eighth Chamber) of 9 September 2013 in Case T-429/11 Banco Bilbao Vizcaya Argentaria v Commission
Date: 2013-11-20
Institutions: Court of Justice
Subjects: General Court (EU), State aid, aid recipient, control of State aid, infringement of EU law, interpretation of the law, right to justice








C_2014015EN.01001201.xml










18.1.2014   


EN


Official Journal of the European Union


C 15/12





Appeal brought on 20 November 2013 by Banco Bilbao Vizcaya Argentaria, S.A. against the order of the General Court (Eighth Chamber) of 9 September 2013 in Case T-429/11 Banco Bilbao Vizcaya Argentaria v Commission
(Case C-587/13 P)
2014/C 15/17
Language of the case: Spanish

Parties


Appellant: Banco Bilbao Vizcaya Argentaria, S.A. (represented by: J. Ruiz Calzado, M. Núñez Müller and J. Domínguez Pérez, abogados)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


set aside the order under appeal;










—


declare admissible the action for annulment in Case T-429/11 and refer the case back to the General Court for adjudication on the merits; and










—


order the Commission to pay all the costs arising from the proceedings relating to admissibility before both courts.





Grounds of appeal and main arguments







1.


The General Court infringed European Union law in its interpretation of the case-law relating to the concept of the actual beneficiary for the purposes of examining the admissibility of actions contesting decisions declaring an aid scheme to be unlawful and incompatible. In particular,






—


the General Court erred in its interpretation of the case-law relating to the concept of the actual beneficiary and distorted the facts in applying that concept to the operations carried out by the appellant after 21 December 2007;










—


the General Court also erred in law in its interpretation of the concept of the actual beneficiary for the purposes of the case-law, in relation to the operations prior to 21 December 2007.














2.


The General Court made an error of law in interpreting the last part of the fourth paragraph of Article 263 TFEU. The General Court erred in law in holding that the decisions concerning State aid schemes such as the contested decision require implementing measures within the meaning of the new provision of the Treaty.










3.


The General Court erred in law in making a ruling which infringes the right to effective judicial protection. The order under appeal adopts a merely theoretical notion of that right, which prevents the appellant from gaining access, in normal conditions and without having to break the law, to the preliminary ruling procedure in order to challenge the contested decision.
Case F-111/13: Action brought on 20 November 2013 — ZZ v Commission
Date: 2013-11-20
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, admission to examinations, damages, indemnification








C_2014031EN.01002202.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/22





Action brought on 20 November 2013 — ZZ v Commission
(Case F-111/13)
2014/C 31/39
Language of the case: French

Parties


Applicant: ZZ (represented by: F. Moyse, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the EPSO decision not to admit the applicant to the selection phase of Competition EPSO/AD/231/12 (AD7) and to reclassify him Competition EPSO/AD/230/12 (AD5) and of the decision to enter him on the reserve list for the abovementioned AD5 competition, as well as damages for non-pecuniary harm allegedly suffered.

Form of order sought







—


annul the act of 16.7.2012, the act of 3.9.2012, 3.12.2012 the act of 13.2.2013, the act of 15.3.2013 and, in so far as necessary, the acts dismissing the applicant’s claims of 21.8.2013 and 2.10.2013;










—


order the Commission to compensate the applicant in the amount of EUR 300 580;










—


order the Commission to pay the costs.
Case C-586/13: Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság (Hungary) lodged on 20 November 2013 — Mertin Meat Kft. v Géza Simonfay and Others
Date: 2013-11-20
Institutions: Court of Justice
Subjects: Austria, beef, free movement of workers, labour mobility, meat processing industry, transitional period (EU)








C_2014071EN.01000301.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/3






Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság (Hungary) lodged on 20 November 2013 — Mertin Meat Kft. v Géza Simonfay and Others
(Case C-586/13)
(2014/C 71/04)
Language of the case: Hungarian

Referring court

Pesti Központi Kerületi Bíróság

Parties to the main proceedings


Applicant: Mertin Meat Kft.

Defendant: Géza Simonfay and Others

Questions referred







1.


Is there a posting of workers according to European law, and specifically according to the definition of posting of workers contained in the judgment of the Court of Justice in Joined Cases C-307/09 to C-309/09 (1) where a contractor undertakes to process sides of beef, using its own workforce, in premises rented from the client in the client’s slaughterhouse and packages them in market-ready packs of meat, and a price is payable to the contractor per kilogram of processed meat, and in the event that the processing is of insufficient quality the contractor has to accept a deduction from the price for meat processing, bearing in mind that in the host State the contractor supplies the service exclusively to that client and the client also monitors the quality of the meat processing work?










2.


Is the chief principle established by the judgment of the Court of Justice in Joined Cases C-307/09 to C-309/09, according to which the posting of workers can be subject to limitations while the transitional derogation from freedom of movement for workers under the Accession Treaties for the Member States which acceded to the European Union on 1 May 2004 is in force, also applicable to the movement of workers in the course of a posting of workers who are sent to Austria by a company established in a Member State which acceded on 1 May 2004 if such movement occurs in a sector which is not protected under the Accession Treaty?






(1)  Judgment of the Court of Justice (Second Chamber) of 10 February 2011.
Case T-604/13: Action brought on 20 November 2013 — Levi Strauss v OHIM — L&O Hunting Group (101)
Date: 2013-11-20
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2014024EN.01003201.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/32





Action brought on 20 November 2013 — Levi Strauss v OHIM — L&O Hunting Group (101)
(Case T-604/13)
2014/C 24/58
Language in which the application was lodged: English

Parties


Applicant: Levi Strauss & Co. (San Francisco, United States) (represented by: V. von Bomhard and J. Schmitt, lawyers)

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

Other party to the proceedings before the Board of Appeal: L&O Hunting Group GmbH (Isny im Allgäu, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2013 given in Case R 1538/2012-2;










—


Order that the costs of the proceedings be borne by the defendant and the intervener, in case it was to intervene.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘101’ for goods in Classes 13, 25 and 28 — Community trade mark application No 9 446 634

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

Mark or sign cited in opposition: Community trade mark registration No 26 708 of the word mark ‘501’ for goods in Classes 16, 18 and 25

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.
European Parliament resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (drought and forest fires in Romania and floods in Germany, Austria and the Czech Republic) (COM(2013)0692 — C7-0343/2013 — 2013/2255(BUD))
Date: 2013-11-20
Institutions: Committee on Budgets, Committee on Regional Development, European Parliament
Subjects: Austria, Czechia, Germany, Romania, aid to disaster victims, commitment of expenditure, fund (EU), general budget (EU), natural disaster, payment appropriation








C_2016436EN.01020301.xml










24.11.2016   


EN


Official Journal of the European Union


C 436/203





P7_TA(2013)0475
Mobilisation of the EU Solidarity Fund: drought in Romania in 2012 and flooding in Germany, Austria and the Czech Republic in 2013
European Parliament resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (drought and forest fires in Romania and floods in Germany, Austria and the Czech Republic) (COM(2013)0692 — C7-0343/2013 — 2013/2255(BUD))
(2016/C 436/30)

The European Parliament,






—


having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0692 — C7-0343/2013),










—


having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,










—


having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),










—


having regard to Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,










—


having regard to the letter of the Committee on Regional Development,










—


having regard to the report of the Committee on Budgets (A7-0369/2013),












1.


Approves the decision annexed to this resolution;












2.


Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;












3.


Instructs its President to forward this resolution, including its annex, to the Council and the Commission.






(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 311, 14.11.2002, p. 3.


ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


on the mobilisation of the EU Solidarity Fund


(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2014/95/EU.)
Euro exchange rates
Date: 2013-11-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2013339EN.01000401.xml










20.11.2013   


EN


Official Journal of the European Union


C 339/4





Euro exchange rates (1)

19 November 2013
2013/C 339/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3502




JPY


Japanese yen


134,89




DKK


Danish krone


7,4585




GBP


Pound sterling


0,83850




SEK


Swedish krona


8,9613




CHF


Swiss franc


1,2333




ISK


Iceland króna


 




NOK


Norwegian krone


8,2285




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,368




HUF


Hungarian forint


296,96




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,1829




RON


Romanian leu


4,4488




TRY


Turkish lira


2,7149




AUD


Australian dollar


1,4341




CAD


Canadian dollar


1,4092




HKD


Hong Kong dollar


10,4668




NZD


New Zealand dollar


1,6195




SGD


Singapore dollar


1,6787




KRW


South Korean won


1 425,20




ZAR


South African rand


13,6524




CNY


Chinese yuan renminbi


8,2274




HRK


Croatian kuna


7,6428




IDR


Indonesian rupiah


15 658,94




MYR


Malaysian ringgit


4,2916




PHP


Philippine peso


58,754




RUB


Russian rouble


44,1623




THB


Thai baht


42,656




BRL


Brazilian real


3,0623




MXN


Mexican peso


17,4365




INR


Indian rupee


83,9550






(1)  Source: reference exchange rate published by the ECB.
P7_TA(2013)0478 Macro-financial assistance to Jordan ***I European Parliament legislative resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council providing macro-financial assistance to the Hashemite Kingdom of Jordan (COM(2013)0242 — C7-0119/2013 — 2013/0128(COD)) P7_TC1-COD(2013)0128 Position of the European Parliament adopted at first reading on 20 November 2013 with a view to the adoption of Decision No …/2013/EU of the European Parliament and of the Council on providing macro-financial assistance to the Hashemite Kingdom of Jordan
Date: 2013-11-20
Institutions: Committee on Budgets, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Community loan, European neighbourhood policy, Jordan, economic reform, economic stabilisation, financial aid, ordinary legislative procedure








C_2016436EN.01020801.xml










24.11.2016   


EN


Official Journal of the European Union


C 436/208





P7_TA(2013)0478
Macro-financial assistance to Jordan ***I
European Parliament legislative resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council providing macro-financial assistance to the Hashemite Kingdom of Jordan (COM(2013)0242 — C7-0119/2013 — 2013/0128(COD))
(Ordinary legislative procedure: first reading)
(2016/C 436/33)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2013)0242),










—


having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0119/2013),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the undertaking given by the Council representative by letter of 29 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A7-0335/2013),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






P7_TC1-COD(2013)0128
Position of the European Parliament adopted at first reading on 20 November 2013 with a view to the adoption of Decision No …/2013/EU of the European Parliament and of the Council on providing macro-financial assistance to the Hashemite Kingdom of Jordan

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 1351/2013/EU.)