do-me/EUR-LEX huggingface dataset:
Case C-484/12: Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum (Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)
Date: 2013-12-12
Institutions: Court of Justice
Subjects: drug surveillance, health certificate, medicinal product, patent








C_2014052EN.01002001.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/20





Judgment of the Court (Third Chamber) of 12 December 2013 (request for a preliminary ruling from the Rechtbank’s-Gravenhage (Netherlands)) — Georgetown University v Octrooicentrum Nederland, operating under the name NL Octrooicentrum
(Case C-484/12) (1)

(Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Article 3 - Conditions for obtaining such a certificate - Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent)
2014/C 52/33
Language of the case: Dutch

Referring court

Rechtbank’s-Gravenhage

Parties to the main proceedings


Applicant: Georgetown University

Defendant: Octrooicentrum Nederland, operating under the name NL Octrooicentrum

Re:

Request for a preliminary ruling — Rechtbank’s-Gravenhage (Netherlands) — Interpretation of Articles 3(c) and 14(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009 L 152, p. 1) — Conditions under which a certificate may be obtained — Basic patent in force covering several products — Whether or not there is a right to a certificate for each product.

Operative part of the judgment

In circumstances such as those in the main proceedings, where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder has already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of Article 3(a) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, Article 3(c) of that regulation must be interpreted as not precluding the proprietor from also obtaining a supplementary protection certificate for one of those active ingredients which, individually, is also protected as such by that patent.


(1)  OJ C 26, 26.01.13.
Case T-156/12: Judgment of the General Court of 12 December 2013 — Sweet Tec v OHIM (Shape of an oval) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an oval — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2)
Date: 2013-12-12
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2014039EN.01001802.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/18





Judgment of the General Court of 12 December 2013 — Sweet Tec v OHIM (Shape of an oval)
(Case T-156/12) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an oval - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2)
2014/C 39/30
Language of the case: German

Parties


Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by: T. Nägele, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 542/2011-1) concerning an application for registration of a three-dimensional sign in the shape of an oval as a Community trade mark.

Operative part of the judgment

The Court:






1.


The action is rejected;










2.


Sweet Tec GmbH is ordered to pay the costs.






(1)  OJ C 165, 9.6.2012.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 December 2013 regarding a draft decision relating to Case COMP/C.39678/39731 — Deutsche Bahn — Rapporteur: Italy
Date: 2013-12-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Germany, electricity supply, infringement of EU law, prices policy, rail transport, reduced price, restriction on competition, subsidiary, transport company








C_2014086EN.01000201.xml










25.3.2014   


EN


Official Journal of the European Union


C 86/2





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 December 2013 regarding a draft decision relating to Case COMP/C.39678/39731 — Deutsche Bahn
Rapporteur: Italy
2014/C 86/02






1.


The Advisory Committee shares the competition concerns set out by the Commission in its draft decision.










2.


The Advisory Committee shares the Commission's assessment under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) in its draft decision.










3.


The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.










4.


The Advisory Committee agrees with the Commission that the commitments offered by Deutsche Bahn are suitable, necessary and proportionate.










5.


The Advisory Committee agrees with the Commission that, in light of the commitments offered by Deutsche Bahn, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.










6.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case F-47/13: Order of the Civil Service Tribunal (Second Chamber) of 12 December 2013 — JJ (*) v Council (Civil service — Officials — Promotion — 2012 promotion procedure — Decision not to promote the applicant — Interinstitutional transfer in the course of the promotion procedure preceding that during which a promotion decision would have taken effect — Institution which is competent to take a decision on promotion of the transferred official)
Date: 2013-12-12
Institutions: Civil Service Tribunal
Subjects: administrator, promotion




C_2014071EN.01003602.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/36






Order of the Civil Service Tribunal (Second Chamber) of 12 December 2013 —  JJ (*1) v Council
(Case F-47/13) (1)

(Civil service - Officials - Promotion - 2012 promotion procedure - Decision not to promote the applicant - Interinstitutional transfer in the course of the promotion procedure preceding that during which a promotion decision would have taken effect - Institution which is competent to take a decision on promotion of the transferred official)
(2014/C 71/72)
Language of the case: French

Parties


Applicant: JJ (*1) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and A. Bisch, acting as Agents)

Re:

Application for annulment of the decision not to include the applicant in the list of officials in function group AD proposed for promotion in 2012.

Operative part of the order







1.


The action is dismissed as being manifestly devoid of any basis in law.










2.


 JJ (*1) shall bear his own costs and shall pay the costs incurred by the Council of the European Union.






(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.

(1)  OJ C 207, 20.7.2013, p. 63.
Case C-303/12: Judgment of the Court (Fifth Chamber) of 12 December 2013 (request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium)) — Guido Imfeld, Nathalie Garcet v État belge (Freedom of establishment — Equal treatment — Income tax — Legislation for the avoidance of double taxation — Income earned in a State other than the State of residence — Method of exemption subject to progressivity in the State of residence — Account taken, in part, of personal and family circumstances — Loss of certain tax advantages linked to the personal and family circumstances of the worker)
Date: 2013-12-12
Institutions: Court of Justice
Subjects: double taxation, equal treatment, marital status, residence, right of establishment, tax exemption, tax on income








C_2014052EN.01001501.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/15





Judgment of the Court (Fifth Chamber) of 12 December 2013 (request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium)) — Guido Imfeld, Nathalie Garcet v État belge
(Case C-303/12) (1)

(Freedom of establishment - Equal treatment - Income tax - Legislation for the avoidance of double taxation - Income earned in a State other than the State of residence - Method of exemption subject to progressivity in the State of residence - Account taken, in part, of personal and family circumstances - Loss of certain tax advantages linked to the personal and family circumstances of the worker)
2014/C 52/23
Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings


Applicants: Guido Imfeld, Nathalie Garcet

Defendant: État belge

Re:

Request for a preliminary ruling — Tribunal de première instance de Liège — Interpretation of Article 39 EC — Provisions of agreements, and national legislation, relating to double taxation — Occupational income wholly earned and taxed in a Member State other than the Member State of residence — Account taken in part, by the Member State in which the income is earned, of personal and family circumstances — The income tax payable in the Member State of residence calculated in accordance with the method of exemption subject to progressivity — Loss of tax advantages linked to personal and family circumstances.

Operative part of the judgment

Article 49 TFEU is to be interpreted as precluding the application of the tax legislation of a Member State, such as that at issue in the main proceedings, which has the effect that a couple residing in that Member State and earning income both in that Member State and in another Member State does not in fact receive a specific tax advantage, owing to the rules for offsetting it, whereas that couple would receive that tax advantage if the member of the couple earning the higher income did not earn his entire income in another Member State.


(1)  OJ C 287, 22.9.2012
Case F-133/11: Judgment of the Civil Service Tribunal (1 st Chamber) of 12 December 2013 — BV v Commission (Civil service — Appointment — Candidates entered on reserve lists for competitions the notice for which was published prior to the entry into force of the new Staff Regulations — Classification in grade — Principle of equal treatment — Discrimination on grounds of age — Freedom of movement for persons)
Date: 2013-12-12
Institutions: Civil Service Tribunal
Subjects: administrator, age discrimination, appointment of staff, competition (EU), equal treatment, free movement of persons, staff assessment








C_2014039EN.01002701.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/27





Judgment of the Civil Service Tribunal (1st Chamber) of 12 December 2013 — BV v Commission
(Case F-133/11) (1)

(Civil service - Appointment - Candidates entered on reserve lists for competitions the notice for which was published prior to the entry into force of the new Staff Regulations - Classification in grade - Principle of equal treatment - Discrimination on grounds of age - Freedom of movement for persons)
2014/C 39/48
Language of the case: German

Parties


Applicant: BV (Berlin, Germany) (represented by: P. Goergen, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Intervener: Council of the European Union (represented by: J. Herrmann and A.F. Jensen, Agents)

Re:

Annulment of the Commission’s decision classifying the applicant — entered on the reserve list for competition EPSO/A/17/04, the notice for which was published prior to the entry into force of the new Staff Regulations — at Grade AD 6, step 2, pursuant to less advantageous provisions.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders BV to bear his own costs and to pay the costs incurred by the European Commission;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 133, 5.5.2013, p. 29.
Case C-657/13: Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 12 December 2013 — Verder LabTec GmbH & Co. KG v Finanzamt Hilden
Date: 2013-12-12
Institutions: Court of Justice
Subjects: agency abroad, head office, profit, right of establishment, tax collection








C_2014071EN.01000801.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/8






Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 12 December 2013 — Verder LabTec GmbH & Co. KG v Finanzamt Hilden
(Case C-657/13)
(2014/C 71/13)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Verder LabTec GmbH & Co. KG

Defendant: Finanzamt Hilden

Question referred

Is it consistent with the freedom of establishment under Article 49 of the Treaty on the Functioning of the European Union if, upon the transfer of an asset from a domestic to a foreign permanent establishment of the same undertaking, a national rule stipulates that there is a withdrawal for non-business purposes, with the result that the disclosure of hidden reserves leads to a profit upon the withdrawal, and another national rule provides the possibility of distributing that profit equally over five or ten financial years?
Commission Regulation (EU) No 1346/2013 of 12 December 2013 establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain
Date: 2013-12-12
Institutions: European Commission
Subjects: Atlantic Ocean, Spain, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013338EN.01002701.xml










17.12.2013   


EN


Official Journal of the European Union


L 338/27








            COMMISSION REGULATION (EU) No 1346/2013
of 12 December 2013
         
establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 12 December 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 54.




ANNEX






No


72/TQ40




Member State


Spain




Stock


BUM/ATLANT




Species


Blue Marlin (Makaira nigricans)




Zone


Atlantic Ocean




Closing date


21.11.2013
Euro exchange rates
Date: 2013-12-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2013362EN.01000101.xml










12.12.2013   


EN


Official Journal of the European Union


C 362/1





Euro exchange rates (1)

11 December 2013
(2013/C 362/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3767




JPY


Japanese yen


141,22




DKK


Danish krone


7,4606




GBP


Pound sterling


0,84025




SEK


Swedish krona


9,0124




CHF


Swiss franc


1,2219




ISK


Iceland króna


 




NOK


Norwegian krone


8,4215




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,434




HUF


Hungarian forint


302,25




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7031




PLN


Polish zloty


4,1831




RON


Romanian leu


4,4535




TRY


Turkish lira


2,7999




AUD


Australian dollar


1,5123




CAD


Canadian dollar


1,4581




HKD


Hong Kong dollar


10,6755




NZD


New Zealand dollar


1,6701




SGD


Singapore dollar


1,7217




KRW


South Korean won


1 446,71




ZAR


South African rand


14,2878




CNY


Chinese yuan renminbi


8,3565




HRK


Croatian kuna


7,6415




IDR


Indonesian rupiah


16 399,75




MYR


Malaysian ringgit


4,4249




PHP


Philippine peso


60,780




RUB


Russian rouble


45,0812




THB


Thai baht


44,114




BRL


Brazilian real


3,1997




MXN


Mexican peso


17,7439




INR


Indian rupee


84,3990






(1)  Source: reference exchange rate published by the ECB.
Case F-120/13: Action brought on 12 December 2013 — ZZ v ERA
Date: 2013-12-12
Institutions: Civil Service Tribunal
Subjects: servant (EU), work contract








C_2014045EN.01004701.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/47





Action brought on 12 December 2013 — ZZ v ERA
(Case F-120/13)
2014/C 45/88
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Pappas, lawyer)

Defendant: European Railway Agency (ERA)

Subject-matter and description of the proceedings

Annulment of the decision not to renew the temporary staff contract of the applicant.

Form of order sought







—


Annul the decision not to renew the temporary staff contract of the applicant within the Agency;










—


Order the Agency to pay the costs.
Commission Regulation (EU) No 1345/2013 of 12 December 2013 establishing a prohibition of fishing for plaice in areas VIIf and VIIg by vessels flying the flag of the United Kingdom
Date: 2013-12-12
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Irish Sea, United Kingdom, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013338EN.01002501.xml










17.12.2013   


EN


Official Journal of the European Union


L 338/25








            COMMISSION REGULATION (EU) No 1345/2013
of 12 December 2013
         
establishing a prohibition of fishing for plaice in areas VIIf and VIIg by vessels flying the flag of the United Kingdom


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 12 December 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 1.




ANNEX






No


78/TQ39




Member State


United Kingdom




Stock


PLE/7FG.




Species


Plaice (Pleuronectes platessa)




Zone


VIIf and VIIg




Closing date


27.11.2013