do-me/EUR-LEX huggingface dataset:
Case C-302/12: Judgement of the Court (Second Chamber) of 21 November 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — X v Minister van Financiën (Request for a preliminary ruling — Article 43 EC — Motor vehicles — Use in a Member State of a private motor vehicle registered in another Member State — Taxation of that vehicle in the first Member State when it was first used on the national road network and also in the second Member State when it was registered — Vehicle used by the citizen concerned for both private use and for going, from the Member State of origin, to the place of work situated in the first Member State)
Date: 2013-11-21
Institutions: Court of Justice
Subjects: motor car, vehicle registration, vehicle tax








C_2014039EN.01000601.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/6





Judgement of the Court (Second Chamber) of 21 November 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — X v Minister van Financiën
(Case C-302/12) (1)

(Request for a preliminary ruling - Article 43 EC - Motor vehicles - Use in a Member State of a private motor vehicle registered in another Member State - Taxation of that vehicle in the first Member State when it was first used on the national road network and also in the second Member State when it was registered - Vehicle used by the citizen concerned for both private use and for going, from the Member State of origin, to the place of work situated in the first Member State)
2014/C 39/09
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: X

Respondent: Minister van Financiën

Re:

Request for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 21 TFEU, 45 TFEU, 49 TFEU and 56 TFEU — National legislation imposing a registration tax when a motor vehicle is first used on the national road network — Tax owed by a person residing in two Member States, including the Member State concerned, and using her motor vehicle there on a permanent basis — Vehicle registered in the other Member State — Exercise of powers of taxation by both Member States.

Operative part of the judgment

Article 43 EC must be interpreted as not precluding legislation of a Member State under which a motor vehicle, which is registered and is already the subject of taxation as a result of its registration in another Member State, is the subject of a tax when it is first used on the national road network, where that vehicle is intended, essentially, to be actually used on a long-term basis in both those Member States or is, in fact, used in that manner, as long as that tax is not discriminatory.


(1)  OJ C 287, 22.9.2012.
Case T-337/12: Judgment of the General Court of 21 November 2013 — El Hogar Perfecto del Siglo XXI v OHIM — Wenf International Advisers Ltd (Corkscrew) (Community design — Invalidity proceedings — Registered Community design representing a corkscrew — Earlier national design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002)
Date: 2013-11-21
Institutions: General Court
Subjects: EU trade mark, lighting equipment, registered trade mark, trade-mark law








C_2014009EN.01002203.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/22





Judgment of the General Court of 21 November 2013 — El Hogar Perfecto del Siglo XXI v OHIM — Wenf International Advisers Ltd (Corkscrew)
(Case T-337/12) (1)

(Community design - Invalidity proceedings - Registered Community design representing a corkscrew - Earlier national design - Ground for invalidity - Lack of individual character - Overall impression not different - Informed user - Degree of freedom of the designer - Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002)
2014/C 9/36
Language of the case: Spanish

Parties


Applicant: El Hogar Perfecto del Siglo XXI, SL (Madrid (Spain)) (represented by: C. Ruiz Gallegos and E. Veiga Conde, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Wenf International Advisers Ltd (Tortola, British Virgin Islands) (represented by J.L. Rivas Zurdo, E. Seijo Veiguela and I. Munilla Muñoz, lawyers)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 1 June 2012 (Case R 89/2011-3) in relation to invalidity proceedings between Wenf International Advisers Ltd and El Hogar Perfecto del Siglo XXI, SL.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders El Hogar Perfecto del Siglo XXI, SL to pay the costs.






(1)  OJ C 287, 22.9.2012.
Case T-605/13: Action brought on 21 November 2013 — Alma — The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
Date: 2013-11-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2014024EN.01003202.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/32





Action brought on 21 November 2013 — Alma — The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
(Case T-605/13)
2014/C 24/59
Language in which the application was lodged: English

Parties


Applicant: Alma — The Soul of Italian Wine LLLP (Bal Harbor, United States) (represented by: F. Terrano, lawyer)

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

Other party to the proceedings before the Board of Appeal: Miguel Torres, SA (Vilafranca del Penedès, Spain)

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 10 September 2013 given in Case R 18/2013-2;










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal elements ‘SOTTO IL SOLE ITALIANO SOTTO il SOLE’ — Community trade mark application No 9 784 539

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registrations Nos 462 523, 6 373 971 and Spanish trade mark registrations Nos 152 231, 715 524, 2 796 505

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

Decision of the Board of Appeal: Dismissed the appeal and rejected the CTM application in its entirety

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.
Case C-494/12: Judgment of the Court (Second Chamber) of 21 November 2013 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Dixons Retail plc v Commissioners for Her Majesty’s Revenue and Customs (Directive 2006/112/EC — Value added tax — Supply of goods — Concept — Fraudulent use of a bank card)
Date: 2013-11-21
Institutions: Court of Justice
Subjects: VAT, electronic money, tax evasion, transfer of property








C_2014039EN.01000701.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/7





Judgment of the Court (Second Chamber) of 21 November 2013 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Dixons Retail plc v Commissioners for Her Majesty’s Revenue and Customs
(Case C-494/12) (1)

(Directive 2006/112/EC - Value added tax - Supply of goods - Concept - Fraudulent use of a bank card)
2014/C 39/11
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Appellant: Dixons Retail plc

Respondents: Commissioners for Her Majesty’s Revenue and Customs

Re:

Request for a preliminary ruling — First-tier Tribunal (Tax Chamber) — Interpretation of Articles 14(1) and 73 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Concept of ‘supply of goods’ — Supply following a purchase made by means of the unauthorised and fraudulent use of a credit card

Operative part of the judgment

Articles 2(1), 5(1) and 11A(1)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment and Articles 2(1)(a), 14(1) and 73 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, in circumstances such as those at issue in the main proceedings, the physical transfer of goods to a purchaser who fraudulently uses a bank card as a means of payment constitutes a ‘supply of goods’ within the meaning of Articles 2(1) and 5(1) of Directive 77/388 and Articles 2(1)(a) and 14(1) of Directive 2006/112 and that, in the context of such a transfer, the payment made by a third party, under an agreement concluded between it and the supplier of those goods by which the third party has undertaken to pay the supplier for the goods sold by the latter to purchasers using such a card as a means of payment, constitutes ‘consideration’ within the meaning of Article 11A(1)(a) of Directive 77/388 and Article 73 of Directive 2006/112.


(1)  OJ C 26, 26.1.2013.
Joined Cases F-72/12 and F-10/13: Judgment of the Civil Service Tribunal (Second Chamber) of 21 November 2013 — Roulet v Commission (Civil Service — Remuneration — Article 66 of the Staff Regulations — Former member of the temporary staff at Grade AD12 — Recruitment as an official at Grade AD6 — Payment of remuneration equivalent to that paid to an official at Grade AD12 — Manifest error — Recovery of undue payments under Article 85 of the Staff Regulations)
Date: 2013-11-21
Institutions: Civil Service Tribunal
Subjects: indemnification, pay, regulations for civil servants, servant (EU)








C_2014071EN.01003301.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/33






Judgment of the Civil Service Tribunal (Second Chamber) of 21 November 2013 — Roulet v Commission
(Joined Cases F-72/12 and F-10/13) (1)

(Civil Service - Remuneration - Article 66 of the Staff Regulations - Former member of the temporary staff at Grade AD12 - Recruitment as an official at Grade AD6 - Payment of remuneration equivalent to that paid to an official at Grade AD12 - Manifest error - Recovery of undue payments under Article 85 of the Staff Regulations)
(2014/C 71/63)
Language of the cases: French

Parties


Applicant: Josiane Roulet (Ottignies, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission (represented by: G. Gattinara and D. Martin, acting as Agents)

Re:

Application for annulment of: (i) the decision rejecting a request for compensation made by the applicant on the basis of Article 90(1) of the Staff Regulations by reason of the errors made when establishing her entitlements when she took up her duties and for the delay in rectifying those errors; and (ii) the Commission’s decision relating to the recovery of a certain amount of the remuneration of the applicant, formerly a member of the temporary staff at Grade A4 (AD12), and subsequently an official at Grade AD6, pursuant to Article 85 of the Staff Regulations.

Operative part of the judgment

The Tribunal:






1.


Dismisses the actions in Joined Cases F-72/12 and F-10/13;










2.


Orders Ms Roulet to bear her own costs and to pay those incurred by the European Commission.






(1)  OJ C 258, 25.8.2012, p. 29; OJ C 108, 13.4.2013, p. 39.
Prior notification of a concentration (Case COMP/M.7100 — New Mountain Capital/Alexander Mann Solutions) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-21
Institutions: European Commission
Subjects: economic concentration, head-hunting, investment company, merger control








C_2013340EN.01000301.xml










21.11.2013   


EN


Official Journal of the European Union


C 340/3





Prior notification of a concentration
(Case COMP/M.7100 — New Mountain Capital/Alexander Mann Solutions)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 340/03






1.


On 14 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 New Mountain Partners IV, a fund managed by New Moutain Capital, LLC (‘New Mountain Capital’, United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Newinco 780 Limited, which is the holding company of the group of companies trading as Alexander Mann Solutions (‘Alexander Mann’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for New Mountain Capital: private equity investment,










—


for Alexander Mann: provision of recruitment and talent management services.














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.7100 — New Mountain Capital/Alexander Mann Solutions, 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’).