do-me/EUR-LEX huggingface dataset:
Case T-654/13: Action brought on 6 December 2013 — Gako Konietzko v OHIM (Shape of packaging)
Date: 2013-12-06
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2014039EN.01002601.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/26





Action brought on 6 December 2013 — Gako Konietzko v OHIM (Shape of packaging)
(Case T-654/13)
2014/C 39/46
Language of the case: German

Parties


Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by S. Reinhardt, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2013 in Case R 2232/2012-1;










—


Order the defendant to pay the costs including the costs incurred in the course of the appeal proceedings.





Pleas in law and main arguments


Community trade mark concerned: the three-dimensional mark, representing the shape of packaging, for goods in Classes 3, 5 and 10 — Community trade mark application No 10899037

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009
2013/796/EU: Decision of the European Central Bank of 6 December 2013 on the approval of the volume of coin issuance in 2014 (ECB/2013/46)
Date: 2013-12-06
Institutions: European Central Bank
Subjects: euro, euro area, issuing of currency








L_2013349EN.01010901.xml










21.12.2013   


EN


Official Journal of the European Union


L 349/109








            DECISION OF THE EUROPEAN CENTRAL BANK
         
of 6 December 2013
         
on the approval of the volume of coin issuance in 2014
(ECB/2013/46)
(2013/796/EU)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(2) and Article 140(2) thereof,


Having regard to Council Decision 2013/387/EU of 9 July 2013 on the adoption by Latvia of the euro on 1 January 2014 (1), and in particular Article 1 thereof,

Whereas:







(1)


The European Central Bank (ECB) has the exclusive right from 1 January 1999 to approve the volume of coins issued by the Member States whose currency is the euro.












(2)


The derogation in favour of Latvia referred to in Article 4 of the 2003 Act of Accession has been abrogated with effect from 1 January 2014.












(3)


The 17 Member States whose currency is the euro and Latvia have submitted to the ECB for approval their estimates of the volume of euro coins to be issued in 2014, supplemented by explanatory notes on the forecasting methodology,





HAS ADOPTED THIS DECISION:



Article 1

Approval of the volume of euro coins to be issued in 2014

The ECB hereby approves the volume of euro coins to be issued by the Member States whose currency is the euro in 2014 as described in the following table:






(EUR million)




 


Issuance of coins intended for circulation and issuance of collector coins (not intended for circulation) in 2014




Belgium


24,925 




Germany


655 




Estonia


11,14 




Ireland


48,96 




Greece


6,856 




Spain


201,24 




France


267 




Italy


58,36 




Cyprus


5,1 




Luxembourg


45 




Malta


10,04 




Netherlands


97,5 




Latvia


80,91 




Austria


247 




Portugal


20,4 




Slovenia


12 




Slovakia


21,4 




Finland


60 






Article 2

Final provision

This Decision is addressed to the Member States whose currency is the euro and Latvia.




Done at Frankfurt am Main, 6 December 2013.


The President of the ECB

Mario DRAGHI
            





(1)  
            OJ L 195, 18.7.2013, p. 24.
Judgment of the Court of 6 December 2013 in Case E-16/13 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Failure to implement — Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts)
Date: 2013-12-06
Institutions: EFTA Court
Subjects: Iceland, consumer protection, holiday, infringement of EU law, national implementing measure, time-sharing








C_2014088EN.01001501.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/15






JUDGMENT OF THE COURT

of 6 December 2013
in Case E-16/13
EFTA Surveillance Authority v Iceland
(Failure by a Contracting Party to fulfil its obligations — Failure to implement — Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts)
2014/C 88/12
In Case E-16/13, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority forthwith of, measures necessary to implement the Act referred to at point 7b of Annex XIX to the Agreement on the European Economic Area (Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Páll Hreinsson, Judges, gave judgment on 6 December 2013, the operative part of which is as follows:
The Court hereby:






1.


declares that, by failing to correctly implement the Act referred to at point 7b of Annex XIX to the Agreement on the European Economic Area (Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange products), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations pursuant to that Act and pursuant to Article 7 of the Agreement;










2.


orders Iceland to bear the costs of these proceedings.
Judgment of the Court of 6 December 2013 in Case E-17/13 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2009/44/EC — Failure to implement)
Date: 2013-12-06
Institutions: EFTA Court
Subjects: Iceland, banking, credit guarantee, infringement of EU law, national implementing measure








C_2014088EN.01001601.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/16






JUDGMENT OF THE COURT

of 6 December 2013
in Case E-17/13
EFTA Surveillance Authority v Iceland
(Failure by a Contracting Party to fulfil its obligations — Directive 2009/44/EC — Failure to implement)
2014/C 88/13
In Case E-17/13, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing, within the time prescribed, to adopt or to notify the EFTA Surveillance Authority forthwith of all measures necessary to implement Article 2 of the Act referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area, that is Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims, as adapted to the Agreement by way of Protocol 1 thereto, Iceland has failed to fulfil its obligations under the Act and under Article 7 EEA, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 6 December 2013, the operative part of which is as follows:
The Court hereby:






1.


declares that Iceland has failed to fulfil its obligations under the Act referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area (Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims), as adapted to the Agreement by way of Protocol 1 thereto, and under Article 7 of the Agreement, by failing to adopt all the measures necessary to implement Article 2 of the Act within the time prescribed;










2.


orders Iceland to bear the costs of the proceedings.
Judgment of the Court of 6 December 2013 in Case E-15/13 — EFTA Surveillance Authority v Iceland (Failure by an EEA State to fulfil its obligations — Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests)
Date: 2013-12-06
Institutions: EFTA Court
Subjects: Iceland, consumer protection, infringement of EU law, national implementing measure








C_2014088EN.01001401.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/14






JUDGMENT OF THE COURT

of 6 December 2013
in Case E-15/13
EFTA Surveillance Authority v Iceland
(Failure by an EEA State to fulfil its obligations — Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests)
2014/C 88/11
In Case E-15/13, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 7d of Annex XIX to the Agreement on the European Economic Area (Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests), as adapted by the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 6 December 2013, the operative part of which is as follows:
The Court hereby:






1.


declares that by failing to adopt the measures necessary to implement the Act referred to at point 7d of Annex XIX to the Agreement on the European Economic Area (Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests), as adapted by the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement;










2.


orders Iceland to bear the costs of the proceedings.
Case T-428/12: Judgment of the General Court of 6 December 2013 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO) (Community trade mark — Application for community word mark VALORES DE FUTURO — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2013-12-06
Institutions: General Court
Subjects: EU trade mark, bank, infringement of EU law, issue of securities, registered trade mark, trade-mark law








C_2014024EN.01002003.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/20





Judgment of the General Court of 6 December 2013 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)
(Case T-428/12) (1)

(Community trade mark - Application for community word mark VALORES DE FUTURO - Absolute ground for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2014/C 24/36
Language of the case: Spanish

Parties


Applicant: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain) (represented by: J. de Oliveira Vaz Miranda Sousa and N. González-Alberto Rodríguez, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 July 2012 (Case R 2299/2011-2), concerning an application for registration of the word sign VALORES DE FUTURO as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Banco Bilbao Vizcaya Argentaria, SA to pay the costs.






(1)  OJ C 366, 24.11.2012.
Case C-647/13: Request for a preliminary ruling from the Cour du travail de Bruxelles (Belgium) lodged on 6 December 2013 — Office national de l’emploi v Marie-Rose Melchior
Date: 2013-12-06
Institutions: Court of Justice
Subjects: EU law - national law, servant (EU), severance pay, unemployment insurance








C_2014061EN.01000501.xml










1.3.2014   


EN


Official Journal of the European Union


C 61/5





Request for a preliminary ruling from the Cour du travail de Bruxelles (Belgium) lodged on 6 December 2013 — Office national de l’emploi v Marie-Rose Melchior
(Case C-647/13)
2014/C 61/07
Language of the case: French

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings


Applicant: Office national de l’emploi

Defendant: Marie-Rose Melchior

Question referred

Do the principle of sincere cooperation and Article 4(3) TEU, on the one hand, and Article 34(1) of the Charter of Fundamental Rights, on the other, preclude a Member State, in relation to the issue of qualifying for unemployment benefit, from refusing:






—


to take account of working periods as a contract employee in the service of a European Union institution, established in that Member State, in particular where, both before and after the period of employment as a contract employee, work was performed as an employed person in accordance with the legislation of that Member State;










—


to treat days of unemployment compensated under the ‘Conditions of Employment of Other Servants of the European Communities’ in the same way as working days, whereas the days of unemployment compensated in accordance with the legislation of that Member State are treated in that way?
Final Report of the Hearing Officer — Fentanyl (AT.39685)
Date: 2013-12-06
Institutions: European Commission
Subjects: Netherlands, dominant position, infringement of EU law, pharmaceutical industry








C_2015142EN.01002001.xml










29.4.2015   


EN


Official Journal of the European Union


C 142/20





Final Report of the Hearing Officer (1)

Fentanyl
(AT.39685)
(2015/C 142/09)






(1)


This case concerns a so-called ‘co-promotion’ agreement between the Dutch originator pharmaceutical company Janssen-Cilag BV, a subsidiary of Johnson & Johnson (hereinafter ‘J&J’) and the Dutch generic pharmaceutical companies Hexal BV and Sandoz BV, both of them subsidiaries of Novartis AG at the time of the alleged infringement (hereinafter ‘Novartis/Sandoz’). Pursuant to the agreement, the generic challenger would abstain from entering the Dutch market for the painkiller fentanyl.










(2)


On 30 January 2013, the European Commission adopted a Statement of Objections (‘SO’). The parties received access to the file on 15 February 2013 and replied to the SO on 22 and 30 April 2013 respectively, after the Directorate-General for Competition granted a one- and two-week extension to the original deadline. The parties did not request an oral hearing.










(3)


In view of new arguments and facts received when the parties submitted their replies to the SO, the Commission issued a Letter of Facts on 17 October 2013, to which J&J replied on 30 October 2013 and Novartis/Sandoz, after the Directorate-General for Competition granted a short deadline extension, on 6 November 2013.










(4)


The draft decision concludes that the agreement between J&J and Novartis/Sandoz constitutes a violation of Article 101 TFEU.










(5)


Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views, and I have come to a positive conclusion.










(6)


In view of the above, and taking into account that the parties have not addressed any requests or complaints to me, I consider that the effective exercise of the procedural rights of all participants to the proceedings in this case has been respected.





Brussels, 6 December 2013.

Wouter WILS




(1)  Pursuant to Article 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).
Case F-2/10 RENV: Order of the Civil Service Tribunal of 6 December 2013 — Marcuccio v Commission
Date: 2013-12-06
Institutions: Civil Service Tribunal
Subjects: European civil service, health expenditure, health insurance, redemption








C_2014039EN.01003002.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/30





Order of the Civil Service Tribunal of 6 December 2013 — Marcuccio v Commission
(Case F-2/10 RENV)
2014/C 39/56
Language of the case: Italian
The President of the First Chamber has ordered that the case be removed from the register.
Information communicated by Member States regarding closure of fisheries
Date: 2013-12-06
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013357EN.01001201.xml










6.12.2013   


EN


Official Journal of the European Union


C 357/12





Information communicated by Member States regarding closure of fisheries
2013/C 357/07
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


20.11.2013




Duration


20.11.2013-31.12.2013




Member State


Portugal




Stock or group of stocks


RED/N3LN.




Species


Redfish (Sebastes spp.)




Zone


NAFO 3LN




Type(s) of fishing vessels


—




Reference number


70/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Judgment of the Court of 6 December 2013 in Case E-18/13 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2001/81/EC — Failure to implement)
Date: 2013-12-06
Institutions: EFTA Court
Subjects: EU emission allowance, Iceland, atmospheric pollutant, infringement of EU law, national implementing measure








C_2014088EN.01001701.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/17






JUDGMENT OF THE COURT

of 6 December 2013
in Case E-18/13
EFTA Surveillance Authority v Iceland
(Failure by a Contracting Party to fulfil its obligations — Directive 2001/81/EC — Failure to implement)
2014/C 88/14
In Case E-18/13, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing, within the time prescribed to adopt or to notify the EFTA Surveillance Authority forthwith of all measures necessary to implement the Act referred to at point 21 ar of Annex XX to the Agreement on the European Economic Area, that is Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants, as adapted to the Agreement by way of Protocol 1 thereto, Iceland has failed to fulfil its obligations under the Act and under Article 7 EEA, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 6 December 2013, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under the Act referred to at point 21ar of Annex XX to the Agreement on the European Economic Area (Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants), as adapted to the Agreement by way of Protocol 1 thereto, and under Article 7 of the Agreement, by failing to adopt all the measures necessary to implement the Act within the time prescribed.










2.


Orders Iceland to bear the costs of the proceedings.
Case T-361/12: Judgment of the General Court of 6 December 2013 — Premiere Polish v OHIM — Donau Kanol (ECOFORCE) (Community trade mark — Opposition proceedings — Application for the Community word mark ECOFORCE — Earlier Community figurative mark ECO FORTE — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-12-06
Institutions: General Court
Subjects: EU trade mark, polishing and scouring preparations, registered trade mark, trade-mark law








C_2014024EN.01002002.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/20





Judgment of the General Court of 6 December 2013 — Premiere Polish v OHIM — Donau Kanol (ECOFORCE)
(Case T-361/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ECOFORCE - Earlier Community figurative mark ECO FORTE - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2014/C 24/35
Language of the case: English

Parties


Applicant: Premiere Polish Co. Ltd (Cheltenham, United Kingdom) (represented by: C. Jones and M. Carter, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM: Donau Kanol GmbH & Co. KG (Ried im Traunkreis, Austria)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 June 2012 (Case R 851/2011-4), relating to opposition proceedings between Donau Kanol GmbH & Co. KG and Premiere Polish Co. Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Premiere Polish Co. Ltd to pay the costs.






(1)  OJ C 319, 20.10.2012.
Euro exchange rates
Date: 2013-12-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2013357EN.01000801.xml










6.12.2013   


EN


Official Journal of the European Union


C 357/8





Euro exchange rates (1)

5 December 2013
2013/C 357/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3594




JPY


Japanese yen


138,73




DKK


Danish krone


7,4596




GBP


Pound sterling


0,83130




SEK


Swedish krona


8,8631




CHF


Swiss franc


1,2262




ISK


Iceland króna


 




NOK


Norwegian krone


8,4035




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,450




HUF


Hungarian forint


301,83




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,1894




RON


Romanian leu


4,4660




TRY


Turkish lira


2,7784




AUD


Australian dollar


1,5038




CAD


Canadian dollar


1,4487




HKD


Hong Kong dollar


10,5407




NZD


New Zealand dollar


1,6565




SGD


Singapore dollar


1,7044




KRW


South Korean won


1 441,59




ZAR


South African rand


14,2302




CNY


Chinese yuan renminbi


8,2811




HRK


Croatian kuna


7,6400




IDR


Indonesian rupiah


16 245,79




MYR


Malaysian ringgit


4,3883




PHP


Philippine peso


59,641




RUB


Russian rouble


44,8932




THB


Thai baht


43,881




BRL


Brazilian real


3,2225




MXN


Mexican peso


17,7086




INR


Indian rupee


83,8650






(1)  Source: reference exchange rate published by the ECB.