do-me/EUR-LEX huggingface dataset:
2014/243/EU: Council Decision of 14 April 2014 on the signing, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: European convention, audiovisual industry, audiovisual piracy, pay television, payable service, prevention of delinquency, signature of an agreement








L_2014128EN.01006101.xml










30.4.2014   


EN


Official Journal of the European Union


L 128/61








            COUNCIL DECISION
         
of 14 April 2014
         
on the signing, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access

(2014/243/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 16 July 1999, the Council authorised the Commission to negotiate within the Council of Europe, on behalf of the European Community, a convention concerning the legal protection of services based on, or consisting of, conditional access.












(2)


The European Convention on the legal protection of services based on, or consisting of, conditional access (‘the Convention’) was adopted by the Council of Europe on 24 January 2001.












(3)


The Convention establishes a regulatory framework which is almost identical to that set out in Directive 98/84/EC of the European Parliament and of the Council (1).












(4)


The Convention entered into force on 1 July 2003 and is open for signature by the Union.












(5)


The signing of the Convention could help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union, and establish a law on services based on conditional access which would be applicable throughout the European continent.












(6)


The Convention should be signed on behalf of the Union subject to its conclusion at a later date,





HAS ADOPTED THIS DECISION:



Article 1
The signing of the European Convention on the legal protection of services based on, or consisting of, conditional access (2) is hereby authorised on behalf of the Union, subject to the conclusion of the Convention.


Article 2
The President of the Council is hereby authorised, on behalf of the Union, to appoint the person(s) empowered to sign the Convention.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 14 April 2014.


For the Council


The President

A. TSAFTARIS
            





(1)  Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ L 320, 28.11.1998, p. 54).

(2)  The text of the Convention has been published in OJ L 336, 20.12.2011, p. 2.
Council Decision 2014/213/CFSP of 14 April 2014 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: Guinea, arms control, arms trade, international sanctions








L_2014111EN.01008301.xml










15.4.2014   


EN


Official Journal of the European Union


L 111/83








            COUNCIL DECISION 2014/213/CFSP
of 14 April 2014
         
amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 25 October 2010, the Council adopted Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea (1).












(2)


In view of the developments in the Republic of Guinea, the arms embargo and the embargo on equipment which might be used for internal repression should be lifted.












(3)


Decision 2010/638/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Decision 2010/638/CFSP, Articles 1 and 2 are deleted.


Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.





Done at Luxembourg, 14 April 2014.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 280, 26.10.2010, p. 10.
Case T-248/14: Action brought on 14 April 2014 — Masafi v OHIM — Hd1 (masafi juice)
Date: 2014-04-14
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2014235EN.01002301.xml










21.7.2014   


EN


Official Journal of the European Union


C 235/23





Action brought on 14 April 2014 — Masafi v OHIM — Hd1 (masafi juice)
(Case T-248/14)
2014/C 235/31
Language in which the application was lodged: English

Parties


Applicant: Masafi Co. LLC (Dubai, United Arab Emirates) (represented by: G. Hinarejos Mulliez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Hd1 Ltd (Huddersfield, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2014 given in Case R 119/2013-4;










—


Order the other party to the proceedings, should it intervene, to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in black and white containing the verbal element ‘masafi’ for goods in class 32

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

Mark or sign cited in opposition: The United Kingdom trade mark registration No 2 5 51  560 for the word ‘masafi’

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(a), (b) and 8(5) CTMR
Case T-252/14: Action brought on 14 April 2014  — Chemo Ibérica v OHIM — Novartis (EXELTIS)
Date: 2014-04-14
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2014253EN.01003002.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/30





Action brought on 14 April 2014 — Chemo Ibérica v OHIM — Novartis (EXELTIS)
(Case T-252/14)
2014/C 253/44
Language in which the application was lodged: Spanish

Parties


Applicant: Chemo Ibérica, SA (Barcelona, Spain) (represented by: M.I. Escudero Pérez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Novartis AG (Basel, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2014 in Case R 936/2013-4, and accordingly order that Community trade mark No 1 0 2 48  367‘EXELTIS’ should be granted in relation to Class 5 of the International Classification;










—


order the defendant and/or the other party to the proceedings to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Chemo Ibérica, SA

Community trade mark concerned: Word mark ‘EXELTIS’ for goods in Class 5 — Community trade mark application No 1 0 2 48  367

Proprietor of the mark or sign cited in the opposition proceedings: Novartis AG

Mark or sign cited in opposition: Word mark ‘EXELON’ for goods in Class 5

Decision of the Opposition Division: Application rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case F-35/14: Action brought on 14 April 2014 — ZZ v OHIM
Date: 2014-04-14
Institutions: Civil Service Tribunal
Subjects: European civil service, Spain, teleworking








C_2014184EN.01004602.xml










16.6.2014   


EN


Official Journal of the European Union


C 184/46





Action brought on 14 April 2014 — ZZ v OHIM
(Case F-35/14)
2014/C 184/78
Language of the case: English

Parties


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

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

Subject-matter and description of the proceedings

The Annulment of the decision of OHIM, drafted on the grounds of the decision of the president of the Office of 29 March 2012 concerning teleworking, not to authorise the applicant to telework in Barcelona, and thus, obliging her to return to Alicante.

Form of order sought







—


Annul the contested decision;










—


order the Defendant to bear the costs.
Case C-184/14: Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 14 April 2014  — A v B
Date: 2014-04-14
Institutions: Court of Justice
Subjects: dependant, judicial separation, maintenance obligation








C_2014194EN.01001601.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/16





Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 14 April 2014 — A v B
(Case C-184/14)
2014/C 194/20
Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings


Appellant: A

Cross-appellant: B

Question referred

May the decision on a request for child maintenance raised in the context of proceedings concerning the legal separation of spouses, being ancillary to those proceedings, be taken both by the court before which those separation proceedings are pending and by the court before which proceedings concerning parental responsibility are pending, on the basis of the prevention criterion, or must that decision of necessity be taken only by the latter court, as the two distinct criteria set out in points (c) and (d) of [Article 3 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations] (1) are alternatives (in the sense that they are mutually exclusive)?


(1)  OJ 2009 L 7, p. 1.
Case T-228/14: Action brought on 14 April 2014 — CBM Creative Brands Marken v OHIM — Aeronautica Militare — Stato Maggiore (TRECOLORE)
Date: 2014-04-14
Institutions: General Court
Subjects: EU trade mark, registered trade mark, retail trade, trade-mark law








C_2014245EN.01001801.xml










28.7.2014   


EN


Official Journal of the European Union


C 245/18





Action brought on 14 April 2014 — CBM Creative Brands Marken v OHIM — Aeronautica Militare — Stato Maggiore (TRECOLORE)
(Case T-228/14)
2014/C 245/25
Language in which the application was lodged: English

Parties


Applicant: CBM Creative Brands Marken GmbH (Zürich, Switzerland) (represented by: U. Lüken, M. Grundmann and N. Kerger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Aeronautica Militare — Stato Maggiore (Rome, Italy)

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 29 January 2014 in Case R 594/2013-1 in so far as the First Board of Appeal upheld the decision of the opposition division rejecting the Application No 009 877 391 in regard of the goods in classes 18 and 25 and in regard of the services ‘Retail services, including via websites and teleshopping, in relation to clothing, footwear, headgear, sunglasses, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, and goods made of these materials, animal skins, hides, trunks and travelling bags, bags, handbags, wallets, purses, key cases, rucksacks, pouches, umbrellas, parasols and walking sticks, whips, harness and saddlery’ of class 35;










—


Dismiss the opposition against Application No 009 877 391 in its entirety;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word element ‘TRECOLORE’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 877 391

Proprietor of the mark or sign cited in the opposition proceedings: Aeronautica Militare — Stato Maggiore

Mark or sign cited in opposition: The community and national word and figurative mark ‘FRECCE TRICOLORI’, for goods and services in Classes 9, 14, 16, 18, 20, 25, 28 and 41

Decision of the Opposition Division: Partially rejected the opposition.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
2014/225/EU: Council Decision of 14 April 2014 appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of members








L_2014121EN.01005801.xml










24.4.2014   


EN


Official Journal of the European Union


L 121/58








            COUNCIL DECISION
         
of 14 April 2014
         
appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
(2014/225/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 of the Dutch Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decision 2009/1014/EU (1) and Decision 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 P.G. de VEY MESTDAGH. An alternate member's seat has become vacant following the end of the term of office of Ms S.A.E. POEPJES,





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 Bote WILPSTRA, member of the Executive Council of the Province of Groningen;
and










(b)


as alternate member:
Mr Hans KONST, member of the Executive Council of the Province of Fryslân.






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




Done at Luxembourg, 14 April 2014.


For the Council


The President

A. TSAFTARIS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Council Decision of 14 April 2014 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Greece and Romania
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: Greece, Romania, advisory committee (EU), appointment of members, occupational safety








C_2014118EN.01000401.xml










17.4.2014   


EN


Official Journal of the European Union


C 118/4






COUNCIL DECISION

of 14 April 2014
appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Greece and Romania
2014/C 118/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2003/C 218/01 of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decision of 22 April 2013 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 22 April 2013 until 28 February 2016.










(2)


The Governments of Greece and Romania have submitted further nominations for several posts to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following are appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2016:
I.   TRADE UNION REPRESENTATIVES







Country


Member


Alternate




Romania


Mr Adrian CLIPII


Mr Corneliu CONSTANTINOAIA
Mr Dumitru FORNEA







II.   EMPLOYERS’ REPRESENTATIVES







Country


Member


Alternate




Greece


Mr Christos KAVALOPOULOS


Mr Pavlos KYRIAKONGONAS
Ms Natassa AVLONITOU




Article 2
The members and alternate members not yet nominated will be appointed by the Council at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 14 April 2014.


For the Council


The President

A. TSAFTARIS





(1)  OJ C 218, 13.9.2003, p. 1.

(2)  OJ C 120, 26.4.2013, p. 7.
Case F-43/14: Action brought on 14 April 2014  — ZZ v Commission
Date: 2014-04-14
Institutions: Civil Service Tribunal
Subjects: regulations for civil servants, transfer of pension rights








C_2014292EN.01006101.xml










1.9.2014   


EN


Official Journal of the European Union


C 292/61





Action brought on 14 April 2014 — ZZ v Commission
(Case F-43/14)
2014/C 292/79
Language of the case: French

Parties


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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to credit the applicant’s pension rights in the European Union pension scheme pursuant to the new GIPs relating to Articles 11 and 12 of Annex VIII to the Staff Regulations and the decision of 19 August 2013 which closes the file concerning the transfer of the applicant’s pension rights acquired from the Caisse Nationale d’Assurance Vieillesse des Travailleurs Salariés (CNAVTS) (National Old-Age Insurance Fund for Employees).

Form of order sought







—


Declare unlawful and therefore inapplicable Article 9 of the general implementing provisions of Article 11(2) of Annex VIII to the Staff Regulations;










—


Annul the decision of 18 September 2013 to credit the pension rights acquired by the applicant before taking up his duties, in the context of the transfer of those rights in the EU institutions’ pension scheme, pursuant to the general implementing provisions of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;










—


Annul the decision of 19 August 2013 to close the file concerning the transfer of the applicant’s pension rights acquired from the Caisse Nationale d’Assurance Vieillesse des Travailleurs Salariés (CNAVTS);










—


Order the Commission to pay the costs.