do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 November 2013 regarding a draft decision relating to Case AT.39633(2) — Shrimps — Rapporteur: Ireland
Date: 2013-11-25
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.01001201.xml










17.12.2014   


EN


Official Journal of the European Union


C 453/12





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 25 November 2013 regarding a draft decision relating to Case AT.39633(2) — Shrimps
Rapporteur: Ireland
(2014/C 453/06)






1.


The Advisory Committee agrees with the Commission on the basic amount of the fines.










2.


The Advisory Committee agrees with the Commission on the reduction of the basic amount for two undertakings due to mitigating circumstances.










3.


The Advisory Committee agrees with the Commission on the further reduction of the basic amounts for all undertakings on the basis of Point 37 of the 2006 Commission Guidelines on the method of setting fines.










4.


The Advisory Committee agrees with the Commission on the reduction of the fine for one undertaking based on the 2006 Commission Notice on Immunity from fines and reduction of fines in cartel cases.










5.


The Advisory Committee agrees with the Commission on the rejection of the claim for inability to pay of one undertaking on the basis of Point 35 of the Commission Guidelines on the method of setting fines.










6.


The Advisory Committee agrees with the Commission on the final amounts of the fines.










7.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-622/13: Action brought on 25 November 2013 — Ratioparts-Ersatzteile v OHIM — Norwood Promotional Products Europe (NORTHWOOD professional forest equipment)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, machine-tool industry, registered trade mark, trade-mark law








C_2014039EN.01002302.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/23





Action brought on 25 November 2013 — Ratioparts-Ersatzteile v OHIM — Norwood Promotional Products Europe (NORTHWOOD professional forest equipment)
(Case T-622/13)
2014/C 39/41
Language in which the application was lodged: German

Parties


Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Norwood Promotional Products Europe, SL (Tarragona, Spain)

Form of order sought

The applicant claims that the Court should:






—


alter the decision of the Second Board of Appeal of 11 September 2013 (Case R 1244/2012-2) in such a way that opposition No B 176807 is rejected, and










—


order the opponent to pay the costs of the opposition proceedings and the appellant to pay the costs of the appeal proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘NORTHWOOD’ for goods and services in Classes 8, 9, 20, 25 and 35 — Community trade mark application No 9412776

Proprietor of the mark or sign cited in the opposition proceedings: Norwood Promotional Products Europe, SL

Mark or sign cited in opposition: Community word mark ‘NORWOOD’ for goods in Class 35

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
Case C-601/13: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 25 November 2013 — AMBISIG-Ambiente e Sistemas de Informação Geográfica Lda v NERSANT-Associação Empresarial da Região de Santarém, NÚCLEO INICIAL — Formação e Consultoria Lda
Date: 2013-11-25
Institutions: Court of Justice
Subjects: administrative competition, award of contract, project management, staff assessment








C_2014039EN.01000801.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/8





Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 25 November 2013 — AMBISIG-Ambiente e Sistemas de Informação Geográfica Lda v NERSANT-Associação Empresarial da Região de Santarém, NÚCLEO INICIAL — Formação e Consultoria Lda
(Case C-601/13)
2014/C 39/13
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: AMBISIG-Ambiente e Sistemas de Informação Geográfica Lda

Defendants: NERSANT-Associação Empresarial da Região de Santarém, NÚCLEO INICIAL — Formação e Consultoria Lda

Question referred

With regard to a procurement contract for the provision of training and consultancy services, of an intellectual nature, is it compatible with Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004, as amended, to lay down, among the factors making up the award criterion in relation to tenders in a public tendering procedure, a factor that evaluates the teams specifically put forward by the tenderers for the performance of the contract, having regard to the composition of the respective teams, their proven experience and analysis of their CVs?


(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114.
Commission Implementing Regulation (EU) No 1241/2013 of 25 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Aceite Sierra del Moncayo (PDO)]
Date: 2013-11-25
Institutions: European Commission
Subjects: Spain, designation of origin, olive oil, product designation








L_2013323EN.01000301.xml










4.12.2013   


EN


Official Journal of the European Union


L 323/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 1241/2013
of 25 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Aceite Sierra del Moncayo (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)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain’s application to register the name ‘Aceite Sierra del Moncayo’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Aceite Sierra del Moncayo’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 25 November 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ C 187, 29.6.2013, p. 19.




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

Class 1.5.   Oils and fats (butter, margarine, oils, etc.)

SPAIN
Aceite Sierra del Moncayo (PDO)
Commission Implementing Regulation (EU) No 1240/2013 of 25 November 2013 entering a name in the register of protected designations of origin and protected geographical indications (Pembrokeshire Earlies/Pembrokeshire Early Potatoes (PGI))
Date: 2013-11-25
Institutions: European Commission
Subjects: United Kingdom, designation of origin, potato, product designation








L_2013323EN.01000101.xml










4.12.2013   


EN


Official Journal of the European Union


L 323/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 1240/2013
of 25 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Pembrokeshire Earlies/Pembrokeshire Early Potatoes (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 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom’s application to register the name ‘Pembrokeshire Earlies/Pembrokeshire Early Potatoes’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Pembrokeshire Earlies/Pembrokeshire Early Potatoes’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 25 November 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ C 180, 26.6.2013, p. 17.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

UNITED KINGDOM
Pembrokeshire Earlies/Pembrokeshire Early Potatoes (PGI)
Case T-607/13: Action brought on 25 November 2013 — Granette & Starorežná Distilleries v OHIM — Bacardi (42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 % vol.)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, spirits, trade-mark law








C_2014045EN.01003601.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/36





Action brought on 25 November 2013 — Granette & Starorežná Distilleries v OHIM — Bacardi (42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 % vol.)
(Case T-607/13)
2014/C 45/62
Language in which the application was lodged: Czech

Parties


Applicant: Granette & Starorežná Distilleries a.s. (Ústí nad Labem, Czech Republic) (represented by: T. Chleboun, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bacardi Co. Ltd (Vaduz, Liechtenstein)

Form of order sought

The applicant claims that the Court should:






—


join the proceedings in this case to the proceedings in Case T-435/12;










—


dismiss the action brought by the other party to the proceedings before the Board of Appeal against the defendant’s decision of 9 July 2012 in Case R 2100/2011-2 (Case T-435/12);










—


alter the defendant’s decision of 16 September 2013 in Case R 1605/2012-2 so as to reject the form of order sought by the other party to the proceedings No B 1753550 against the application for the Community trade mark ‘42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 % vol’;










—


order the defendant and the other party to the proceedings before the Board of Appeal to pay the applicant’s costs in the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Granette & Starorežná Distilleries

Community trade mark concerned: Figurative mark containing the word elements ‘42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 % vol.’

Proprietor of the mark or sign cited in the opposition proceedings: Bacardi Co. Ltd

Mark or sign cited in opposition: International and national trade mark containing the word element ‘42 BELOW’

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of the Community Trade Mark Regulation
Case T-524/13: Order of the General Court of 25 November 2013 — Euromed v OHIM — DC Druck-Chemie (EUROSIL)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, agricultural product, registered trade mark, trade-mark law








C_2014045EN.01004504.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/45





Order of the General Court of 25 November 2013 — Euromed v OHIM — DC Druck-Chemie (EUROSIL)
(Case T-524/13) (1)

2014/C 45/84
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 352, 30.11.2013.
Commission Implementing Regulation (EU) No 1242/2013 of 25 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Cordero Segureño (PGI)]
Date: 2013-11-25
Institutions: European Commission
Subjects: Spain, designation of origin, product designation, sheepmeat








L_2013323EN.01000501.xml










4.12.2013   


EN


Official Journal of the European Union


L 323/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 1242/2013
of 25 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Cordero Segureño (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 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain’s application to register the name ‘Cordero Segureño’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cordero Segureño’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 25 November 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ C 180, 26.6.2013, p. 21.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

SPAIN
Cordero Segureño (PGI)
Case C-606/13: Request for a preliminary ruling from the Kammarrätten i Sundsvall (Sweden) lodged on 25 November 2013 — OKG AB v Skatteverket
Date: 2013-11-25
Institutions: Court of Justice
Subjects: basis of tax assessment, electrical energy, energy consumption, environmental tax, indirect tax, nuclear reactor








C_2014039EN.01000802.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/8





Request for a preliminary ruling from the Kammarrätten i Sundsvall (Sweden) lodged on 25 November 2013 — OKG AB v Skatteverket
(Case C-606/13)
2014/C 39/14
Language of the case: Swedish

Referring court

Kammarrätten i Sundsvall

Parties to the main proceedings


Applicant: OKG AB

Defendant: Skatteverket

Questions referred







1.


Article 4(2) of the Energy Taxation Directive (1) states that ‘level of taxation’ is the total charge levied in respect of all indirect taxes (except VAT) calculated directly or indirectly on the quantity of electricity at the time of release for consumption. Under Article 21(5) of that directive, electricity is to be subject to taxation and the tax liability is to become applicable at the time of supply by the distributor or redistributor. Do these articles preclude a tax levied on the thermal power of nuclear reactors?










2.


Does a tax on thermal power constitute an excise duty which is levied directly or indirectly on the consumption of such goods (excise goods) as are referred to in Article 1(1) of the Excise Duty Directive? (2)







(1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51).

(2)  Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ 2009 L 9, p. 12).
Case T-646/13: Action brought on 25 November 2013 — Minority SafePack — one million signatures for diversity in Europe and Others v Commission
Date: 2013-11-25
Institutions: General Court
Subjects: European citizenship, application of EU law, power of initiative, proposal (EU)








C_2014112EN.01003402.xml










14.4.2014   


EN


Official Journal of the European Union


C 112/34





Action brought on 25 November 2013 — Minority SafePack — one million signatures for diversity in Europe and Others v Commission
(Case T-646/13)
2014/C 112/46
Language of the case: German

Parties


Applicants: Citizens’ Committee for the Citizens’ Initiative Minority SafePack — one million signatures for diversity in Europe and Others (represented by: E. Johansson, J. Lund and C. Lund, lawyers)

Defendant: Commission

Form of order sought







—


Annul Commission Decision C(2013)5969 final of 13 September 2013, published on 16 September 2013;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging infringement of essential procedural requirements






—


The applicants claim that the contested decision infringes the procedural requirements laid down in Article 296(2) TFEU and Article 4(3) of Regulation (EU) No 211/2011. (1)











—


The applicants state in that regard inter alia that the Commission fails to identify among the eleven topics which form the subject matter of the citizens’ initiative those which in its opinion fall outside the framework of its powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties. The Commission also does not state why those topics fall outside that framework.










—


As part of this plea the applicants also complain that the Commission does not state why Regulation No 211/2011 does not confer a power to register at least a part or parts of a planned citizens’ initiative.














2.


Second plea in law, alleging infringement of the treaties or of a provision for implementation of the treaties






—


Pursuant to this plea the applicants claim the infringement of Article 11 TEU, Article 24(1) TFEU and Article 4(2) and (3) of Regulation No 211/2011.










—


The applicants state in that regard that none of the topics in relation to which the Commission is to be called upon to submit proposals lies manifestly outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties. They add that, even if one of the topics were to fall outside that framework, the Commission should have registered the planned citizens’ initiative in respect of the topics which in its opinion did not fall manifestly outside that framework.










(1)  Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (OJ 2011 L 65, p. 1).
Case T-523/13: Order of the General Court of 25 November 2013 — Euromed v OHIM — DC Druck-Chemie (EUROSIL)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, agricultural product, registered trade mark, trade-mark law








C_2014045EN.01004503.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/45





Order of the General Court of 25 November 2013 — Euromed v OHIM — DC Druck-Chemie (EUROSIL)
(Case T-523/13) (1)

2014/C 45/83
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 352, 30.11.2013.
Case T-626/13: Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (DARJEELING collection de lingerie)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2014045EN.01003801.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/38





Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (DARJEELING collection de lingerie)
(Case T-626/13)
2014/C 45/66
Language in which the application was lodged: English

Parties


Applicant: The Tea Board (Calcutta, India) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Delta Lingerie (Cachan, France)

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 17 September 2013 given in Case R 1501/2012-2;










—


Order the defendant to pay the costs of proceedings.





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 figurative mark containing the verbal elements ‘Darjeeling collection de lingerie’ for Classes 25, 35 and 38 — the Community trade mark application No 9 468 463

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

Mark or sign cited in opposition: Community collective trade mark registration No 4 325 718 of the word mark ‘DARJEELING’ for goods in Class 30; Community collective trade mark registration No 8 674 327 of the figurative mark containing the verbal element ‘DARJEELING’

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.