do-me/EUR-LEX huggingface dataset:
Case T-625/13: 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.01003702.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/37





Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling collection de lingerie)
(Case T-625/13)
2014/C 45/65
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 1502/2012-2;










—


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 claiming the colour green containing the verbal element ‘Darjeeling collection de lingerie’ for Classes 25, 35 and 38 — the Community trade mark application No 9 466 228

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.
Case T-217/12: Order of the General Court of 25 November 2013 — Shark v OHIM — Monster Energy (UNLEASH THE BEAST!)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2014045EN.01004403.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/44





Order of the General Court of 25 November 2013 — Shark v OHIM — Monster Energy (UNLEASH THE BEAST!)
(Case T-217/12) (1)

2014/C 45/77
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 217, 21.7.2012.
Case T-624/13: Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2014045EN.01003701.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/37





Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling)
(Case T-624/13)
2014/C 45/64
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 1504/2012-2;










—


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 claiming the colour green containing the verbal element ‘Darjeeling’ for Classes 25, 35 and 38 — the Community trade mark application No 9 466 269

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’ for goods in Class 30

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.
Case T-627/13: Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2014045EN.01003802.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)
(Case T-627/13)
2014/C 45/67
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 11 September 2013 given in Case R 1387/2012-2;










—


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 element ‘Darjeeling’ for goods and services in Classes 25, 35 and 38 — Community trade mark application No 9 468 521

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.
2013/699/EU: Council Decision of 25 November 2013 appointing a Latvian member and two Latvian alternate members of the Committee of the Regions
Date: 2013-11-25
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Latvia, appointment of members








L_2013320EN.01004301.xml










30.11.2013   


EN


Official Journal of the European Union


L 320/43








            COUNCIL DECISION
         
of 25 November 2013
         
appointing a Latvian member and two Latvian alternate members of the Committee of the Regions
(2013/699/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 from the Latvian Government,

Whereas:







(1)


On 22 December 2009 and 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 Mr Guntars KRIEVIŅŠ.












(3)


An alternate member’s seat has become vacant following the end of the term of office of Mr Viktors GLUHOVS. An alternate member’s seat will become vacant following the appointment of Mr Jānis VĪTOLIŅŠ as member of the Committee of the Regions,





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:






—


Mr Jānis VĪTOLIŅŠ, First Deputy Chairman of Ventspils City Council





and










(b)


as alternate members:






—


Mr Gunārs ANSIŅŠ, Deputy Chairman of Liepāja City Council











—


Ms Olga VEIDIŅA, Chairman of the Social Issues Committee of Rīga City Council.










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




Done at Brussels, 25 November 2013.


For the Council


The President

D. PAVALKIS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-618/13: Action brought on 25 November 2013 — Oracle America v OHIM — Aava Mobile (AAVA CORE)
Date: 2013-11-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2014045EN.01003602.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/36





Action brought on 25 November 2013 — Oracle America v OHIM — Aava Mobile (AAVA CORE)
(Case T-618/13)
2014/C 45/63
Language in which the application was lodged: English

Parties


Applicant: Oracle America, Inc. (Wilmington, United States) (represented by: T. Heydn, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aava Mobile Oy (Oulu, Finland)

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 11September 2013 given in Case R 1369/2012-2;










—


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 word mark ‘AAVA CORE’ for goods and services in Classes 9, 38 and 42 — Community trade mark application No 9 712 811

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

Mark or sign cited in opposition: Community trade mark registration No 6 551 626 of the word mark ‘JAVA’ for goods and services in Classes 9, 16, 35, 37, 38, 41, 42 and 45; well-known trade mark ‘JAVA’ in all Member States of the European Union for goods and services in Classes 9, 38 and 42

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.
Commission Implementing Regulation (EU) No 1209/2013 of 25 November 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Camembert de Normandie (PDO)]
Date: 2013-11-25
Institutions: European Commission
Subjects: France, Lower Normandy, cows’ milk cheese, designation of origin, product designation








L_2013317EN.01001701.xml










28.11.2013   


EN


Official Journal of the European Union


L 317/17








            COMMISSION IMPLEMENTING REGULATION (EU) No 1209/2013
of 25 November 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Camembert de Normandie (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)


By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Camembert de Normandie’, registered under Commission Regulation (EC) No 1107/96 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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 L 148, 21.6.1996, p. 1.

(3)  
            OJ C 140, 18.5.2013, p. 20.




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

Class 1.3.   Cheeses

FRANCE
Camembert de Normandie (PDO)
Case C-602/13: Request for a preliminary ruling from the Juzgado de Primera Instancia No 2 de Santander (Spain) lodged on 25 November 2013 — Banco Bilbao Vizcaya Argentaria, S.A. v Fernando Quintano Ujeta and María Isabel Sánchez García
Date: 2013-11-25
Institutions: Court of Justice
Subjects: consumer protection, interest, unfair terms of contract








C_2014031EN.01000403.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/4





Request for a preliminary ruling from the Juzgado de Primera Instancia No 2 de Santander (Spain) lodged on 25 November 2013 — Banco Bilbao Vizcaya Argentaria, S.A. v Fernando Quintano Ujeta and María Isabel Sánchez García
(Case C-602/13)
2014/C 31/06
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 2 de Santander

Parties to the main proceedings


Applicant: Banco Bilbao Vizcaya Argentaria, S.A.

Defendants: Fernando Quintano Ujeta and María Isabel Sánchez García

Questions referred







1.


Under Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts, and in particular Articles 6(1) and 7(1) thereof, and in order to ensure the protection of consumers and users in accordance with the principles of equivalence and effectiveness[,] must a national court, when it finds there to be an unfair contractual clause concerning default interest, declare that as a consequence any type of default interest is invalid, even that which may result from the subsidiary application of a national provision such as Article 1108 of the Civil Code, the Second Transitional Provision of Law No 1/2013, in conjunction with Article 114 of the Law on mortgages, or Article 4 of Royal Decree-Law No 6/2012, and regard itself as not being bound by any recalculation which the professional may have carried out in accordance with the Second Transitional Provision of Law No 1/13?










2.


Must the Second Transitional Provision of Law No 1/2013 be interpreted as meaning that it may not constitute an obstacle to the protection of consumer interests?










3.


Under Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and in particular Articles 6(1) and 7(1) thereof, and in order to ensure the protection of consumers and users in accordance with the principles of equivalence and effectiveness[,] must a national court, when it finds there to be an unfair clause concerning accelerated repayment, declare that that clause does not form part of the contract and draw the conclusions inherent in such a finding[,] even where the professional has waited the minimum time provided for in the national provision?






(1)  OJ 1993 L 95, p. 29.
Case C-607/13: Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 25 November 2013 — Ministero dell’Economia e delle Finanze and Others v Francesco Cimmino and Others
Date: 2013-11-25
Institutions: Court of Justice
Subjects: import (EU), tariff exemption, tropical fruit








C_2014061EN.01000301.xml










1.3.2014   


EN


Official Journal of the European Union


C 61/3





Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 25 November 2013 — Ministero dell’Economia e delle Finanze and Others v Francesco Cimmino and Others
(Case C-607/13)
2014/C 61/04
Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings


Appellants: Ministero dell’Economia e delle Finanze and Others

Respondents: Francesco Cimmino and Others

Questions referred







1.


On a proper construction of Article 11 of Regulation (EC) No 2362/98, (1) under which it is the responsibility of the Member States to check that operators are commercially active for their own account as importers into the Community and as independent economic units in terms of management, staffing and operations, is all import activity carried out on behalf of a traditional operator by persons who only formally satisfy the requirements laid down by that regulation in respect of ‘new operators’ to be excluded from the customs benefits normally granted to new operators?










2.


Does Regulation (EC) No 2362/98 permit a traditional operator to sell bananas which are outside the European Union to a newcomer with which it has reached an agreement under which the bananas are to be imported into the European Union at a preferential rate of duty and are to be resold to that traditional operator at a price agreed upon prior to the whole transaction, without the newcomer bearing any actual business risk or making any arrangements regarding the resources necessary for carrying out that transaction?










3.


Does the agreement referred to in Question 2 constitute an infringement of the prohibition, laid down in Article 21(2) of Regulation (EC) No 2362/98, on the transfer of rights from new operators to traditional operators, with the result that the transfer carried out remains ineffective and the duty is payable in full and not at a preferential rate, in accordance with Article 4(3) of Regulation No 2988/95? (2)







(1)  Commission Regulation (EC) No 2362/98 of 28 October 1998 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community (OJ 1998 L 293, p. 32).

(2)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ 1995 L 312, p. 1).
Commission Implementing Regulation (EU) No 1210/2013 of 25 November 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Melocotón de Calanda (PDO)]
Date: 2013-11-25
Institutions: European Commission
Subjects: Spain, designation of origin, product designation, stone fruit








L_2013317EN.01001901.xml










28.11.2013   


EN


Official Journal of the European Union


L 317/19








            COMMISSION IMPLEMENTING REGULATION (EU) No 1210/2013
of 25 November 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Melocotón de Calanda (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)


By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Melocotón de Calanda’, registered under Commission Regulation (EC) No 2446/2000 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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 L 281, 7.11.2000, p. 12.

(3)  
            OJ C 179, 25.6.2013, p. 19.




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

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

SPAIN
Melocotón de Calanda (PDO)
Commission Implementing Regulation (EU) No 1200/2013 of 25 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Cozza di Scardovari (PDO)]
Date: 2013-11-25
Institutions: European Commission
Subjects: Italy, designation of origin, mollusc, product designation








L_2013315EN.01007401.xml










26.11.2013   


EN


Official Journal of the European Union


L 315/74








            COMMISSION IMPLEMENTING REGULATION (EU) No 1200/2013
of 25 November 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Cozza di Scardovari (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, Italy’s application to register the name ‘Cozza di Scardovari’ 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 ‘Cozza di Scardovari’ 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 170, 15.6.2013, p. 51.




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

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

ITALY
Cozza di Scardovari (PDO)