do-me/EUR-LEX huggingface dataset:
Case T-264/14: Action brought on 22 April 2014  — Hansen v OHIM (WIN365)
Date: 2014-04-22
Institutions: General Court
Subjects: EU trade mark, game of chance, registered trade mark, trade-mark law








C_2014194EN.01003301.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/33





Action brought on 22 April 2014 — Hansen v OHIM (WIN365)
(Case T-264/14)
2014/C 194/42
Language of the case: German

Parties


Applicant: Robert Hansen (Munich, Germany) (represented by M. Pütz-Poulalion, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 February 2014 in Case R 908/2013-4;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Word mark WIN365 for goods and services in Classes 9, 35, 36, 38 and 41 — Community trade mark application No 1 1 5 13  851

Decision of the Examiner: Registration partially refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009
Case T-250/14: Action brought on 22 April 2014 — EEB v Commission
Date: 2014-04-22
Institutions: General Court
Subjects: chemical process, derogation from EU law, disclosure of information, national planning








C_2014194EN.01003002.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/30





Action brought on 22 April 2014 — EEB v Commission
(Case T-250/14)
2014/C 194/39
Language of the case: English

Parties


Applicant: European Environmental Bureau (EEB) (Brussels, Belgium) (represented by: C. Stothers, Solicitor, M. Van Kerckhove and C. Simphal, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul the implied decision of the European Commission of 13 February 2014 deemed under Article 8(3) of Regulation (EC) No 1049/2001 (1) as a negative reply refusing to release complete and unredacted copies of correspondence with two Member States regarding their proposed Transitional National Plans (TNPs), exempting certain combustion plants from new emission limits between 2016 and 2020;










—


Order the defendant to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the defendant has unlawfully relied on Article 4(2) first indent of Regulation (EC) No 1049/2001 in a case where this is specifically precluded by Article 6(1) of Regulation (EC) No 1367/2006 (2).










2.


Second plea in law, alleging that the defendant has unlawfully failed to interpret the exceptions of Article 4 of Regulation (EC) No 1049/2001 in a restrictive way as required by Article 6(1) of Regulation (EC) No 1367/2006 and Article 4(4) of the Aarhus Convention.










3.


Third plea in law, alleging that the defendant has unlawfully consulted third parties under Article 4(4) of Regulation (EC) No 1049/2001 in a case where it is clear that the document should have been disclosed, and unlawfully relied on this consultation to extend its time to respond.










4.


Fourth plea in law, alleging that the defendant has unlawfully failed to consider which parts of a document are covered by any exception and release the remainder under Article 4(6) of Regulation (EC) No 1049/2001.










5.


Fifth plea in laws, alleging that by delaying access, the defendant has unlawfully failed to provide early and effective opportunities for the public to participate during the preparation, modification and review of the TNPs when all options are still open as required by Article 9 of Regulation (EC) No 1367/2006.






(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43)

(2)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13)
Case C-200/14: Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 22 April 2014  — Silvia Georgiana Câmpean v Administrația Finanțelor Publice a Municipiului Mediaș, Administrația Fondului pentru Mediu București
Date: 2014-04-22
Institutions: Court of Justice
Subjects: EU law - national law, case-law (EU), tax system








C_2014235EN.01000501.xml










21.7.2014   


EN


Official Journal of the European Union


C 235/5





Request for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 22 April 2014 — Silvia Georgiana Câmpean v Administrația Finanțelor Publice a Municipiului Mediaș, Administrația Fondului pentru Mediu București
(Case C-200/14)
2014/C 235/06
Language of the case: Romanian

Referring court

Tribunalul Sibiu

Parties to the main proceedings


Applicant: Silvia Georgiana Câmpean

Defendants: Administrația Finanțelor Publice a Municipiului Mediaș, Administrația Fondului pentru Mediu București

Question referred

On a proper construction of Article 6 of the Treaty on European Union, Articles 17, 20, 21(1) and 47 of the Charter of Fundamental Rights of the European Union, the principle laid down in the case-law of the Court of Justice that taxes prohibited by EU law must be refunded, Recommendation Rec (2003)16 of the Committee of Ministers of the Council of Europe and Resolution 1787 (2011) of the Parliamentary Assembly of the Council of Europe, is it possible that a provision such as Article XV of Emergency Government Order No 8/2014 is thereby precluded?
Case T-251/14: Action brought on 22 April 2014 — Promarc Technics v OHIM — PIS (Part of doors)
Date: 2014-04-22
Institutions: General Court
Subjects: EU trade mark, processing industry, registered trade mark, trade-mark law








C_2014212EN.01003602.xml










7.7.2014   


EN


Official Journal of the European Union


C 212/36





Action brought on 22 April 2014 — Promarc Technics v OHIM — PIS (Part of doors)
(Case T-251/14)
2014/C 212/47
Language of the case: Polish

Parties


Applicant: Promarc Technics s.c. Tomasz Pokrywa, Rafał Natorski (Zabierzów, Poland) (represented by: J. Radłowski, lawyer)

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

Other party to the proceedings before the Board of Appeal: Petrycki i Sorys sp.j. (PIS) (Jasło, Poland)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 January 2014 in Case R 1464/2012-3;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Registered Community design in respect of which a declaration of invalidity has been sought: Design No 1608365-0001

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal

Grounds of the application for a declaration of invalidity: It was alleged that the registered Community design lacks novelty and individual character

Decision of the Invalidity Division: Design declared invalid

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Articles 4 to 9 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.
Case C-201/14: Request for a preliminary ruling from the Curtea de Apel Cluj (Romania) lodged on 22 April 2014  — Smaranda Bara and Others v Președintele Casei Națională de Asigurări de Sănătate, Casa Naţională de Asigurări de Sănătate (CNAS), Agenția Națională de Administrare Fiscală (ANAF)
Date: 2014-04-22
Institutions: Court of Justice
Subjects: EU Member State, data transmission, database, financial institution, income, personal data, social-security contribution








C_2014223EN.01000502.xml










14.7.2014   


EN


Official Journal of the European Union


C 223/5





Request for a preliminary ruling from the Curtea de Apel Cluj (Romania) lodged on 22 April 2014 — Smaranda Bara and Others v Președintele Casei Națională de Asigurări de Sănătate, Casa Naţională de Asigurări de Sănătate (CNAS), Agenția Națională de Administrare Fiscală (ANAF)
(Case C-201/14)
2014/C 223/07
Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings


Applicant: Smaranda Bara and Others

Defendants: Președintele Casei Națională de Asigurări de Sănătate, Casa Naţională de Asigurări de Sănătate (CNAS), Agenția Națională de Administrare Fiscală (ANAF)

Questions referred







1)


Are national tax authorities, as the body representing the competent ministry of a Member State, a financial institution within the meaning of Article 124 TFEU?










2)


Is it possible make provision, by means of a measure akin to an administrative measure, or indeed a protocol concluded between the national tax authorities and another State institution, for the transfer of the data base relating to the income earned by the citizens of a Member State from the national tax authorities to another institution of the Member State, without giving rise to a measure establishing privileged access, as defined in Article 124 TFEU?










3)


Is the transfer of the data base, the purpose of which is to impose an obligation on the citizens of the Member State to pay social security contributions, to the Member State institution for whose benefit the transfer is made covered by the concept of prudential considerations within the meaning of Article 124 TFEU?










4)


May personal data be processed by authorities for which such data were not intended where such an operation gives rise, retroactively, to financial loss?
Case C-199/14: Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 22 April 2014  — János Kárász v Nyugdíjfolyósító Igazgatóság
Date: 2014-04-22
Institutions: Court of Justice
Subjects: ownership, payment, pension scheme








C_2014245EN.01000401.xml










28.7.2014   


EN


Official Journal of the European Union


C 245/4





Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 22 April 2014 — János Kárász v Nyugdíjfolyósító Igazgatóság
(Case C-199/14)
2014/C 245/05
Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: János Kárász

Defendant: Nyugdíjfolyósító Igazgatóság

Question referred

May Article 17 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that cases of cessation, interruption or suspension of the payment of a retirement pension to which an entitlement has arisen because a certain age has been reached constitute an infringement of the right to property laid down in that provision?
Commission Implementing Regulation (EU) No 425/2014 of 22 April 2014 entering a name in the register of protected designations of origin and protected geographical indications (Tørrfisk fra Lofoten (PGI))
Date: 2014-04-22
Institutions: European Commission
Subjects: Norway, consumer information, designation of origin, dried product, product designation, sea fish








L_2014125EN.01005301.xml










26.4.2014   


EN


Official Journal of the European Union


L 125/53








            COMMISSION IMPLEMENTING REGULATION (EU) No 425/2014
of 22 April 2014
         
entering a name in the register of protected designations of origin and protected geographical indications (Tørrfisk fra Lofoten (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 application to register the name ‘Tørrfisk fra Lofoten’ submitted by the Norwegian producer group ‘Tørrfisk fra Lofoten AS’ 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 ‘Tørrfisk fra Lofoten’ 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, 22 April 2014.


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 361, 11.12.2013, p. 10.




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

NORWAY
Tørrfisk fra Lofoten (PGI)
Commission Implementing Regulation (EU) No 424/2014 of 22 April 2014 entering a name in the register of protected designations of origin and protected geographical indications (Prekmurska šunka (PGI))
Date: 2014-04-22
Institutions: European Commission
Subjects: Slovenia, consumer information, designation of origin, meat product, product designation








L_2014125EN.01005101.xml










26.4.2014   


EN


Official Journal of the European Union


L 125/51








            COMMISSION IMPLEMENTING REGULATION (EU) No 424/2014
of 22 April 2014
         
entering a name in the register of protected designations of origin and protected geographical indications (Prekmurska šunka (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, Slovenia's application to register the name ‘Prekmurska šunka’ 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 ‘Prekmurska šunka’ 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, 22 April 2014.


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 361, 11.12.2013, p. 13.




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

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

SLOVENIA
Prekmurska šunka (PGI)