do-me/EUR-LEX huggingface dataset:
Case T-156/14: Order of the General Court of 5 May 2014  — Volkswagen v OHIM (StartUp)
Date: 2014-05-05
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2014194EN.01003805.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/38





Order of the General Court of 5 May 2014 — Volkswagen v OHIM (StartUp)
(Case T-156/14) (1)

2014/C 194/55
Language of the case: German
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 135, 5.5.2014.
Commission Decision of 5 May 2014 on appointing eight members of the European Statistical Advisory Committee
Date: 2014-05-05
Institutions: European Commission
Subjects: advisory committee (EU), appointment of members, statistics








C_2014138EN.01000201.xml










8.5.2014   


EN


Official Journal of the European Union


C 138/2





COMMISSION DECISION
of 5 May 2014
on appointing eight members of the European Statistical Advisory Committee
(2014/C 138/02)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1), and in particular Article 4(1)(a) thereof,
After consultation of the Council,
After consultation of the European Parliament,
Whereas:






(1)


The European Statistical Advisory Committee comprises 24 members.










(2)


According to Article 4(1) of the Decision No 234/2008/EC, 8 members shall be appointed by the Commission, after consulting the European Parliament and the Council.










(3)


Member States have provided the Commission with a list of candidates with well-established qualifications in the field of statistics.










(4)


In the appointment of these eight members, the Commission has endeavoured to ensure that they represent in equal measure, users, respondents and other stakeholders in Community statistics (including the scientific community, the social partners and civil society).










(5)


A reserve list is established to be used in case of resignations or unexpected unavailability of the appointed members. Selection from the reserve list shall endeavour to maintain the balance between user groups,




HAS ADOPTED THIS DECISION:
Article 1
The persons named in the Annex are hereby appointed as members of the European Statistical Advisory Committee for a term of five years.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Luxembourg, 5 May 2014.


For the Commission


The President

José Manuel BARROSO




(1)  OJ L 73, 15.3.2008, p. 13.


ANNEX
Axel Börsch-Supan
Maria João Casanova de Araújo e Sá Valente Rosa
Tasos C. Christofides
Irena Kotowska
Frances Ruane
Lena Sommestad
Ineke Stoop
Ildefonso Villàn Criado

Reserve list

Asta Manninen
Audroné Jakaitiene
Mojca Bavdaž
Sotiris Nikas
Roxane Silbermann
Case T-320/14: Action brought on 5 May 2014  — Sephora v OHIM — Mayfield Trading (Representation of two vertical lines)
Date: 2014-05-05
Institutions: General Court
Subjects: EU trade mark, cosmetics industry, registered trade mark, trade-mark law








C_2014212EN.01003802.xml










7.7.2014   


EN


Official Journal of the European Union


C 212/38





Action brought on 5 May 2014 — Sephora v OHIM — Mayfield Trading (Representation of two vertical lines)
(Case T-320/14)
2014/C 212/50
Language in which the application was lodged: French

Parties


Applicant: Sephora (Boulogne Billancourt, France) (represented by: H. Delabarre, lawyer)

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

Other party to the proceedings before the Board of Appeal: Mayfield Trading Ltd (Las Vegas, United States of America)

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 of 24 February 2014 in Case R 1577/2013-4;










—


uphold the opposition and reject the application for registration of the Community trade mark No 1 0 2 14  773 lodged on 24 August 2011 by the company Mayfield Trading Ltd, for the goods in Class 3 ‘Perfumery goods; depilatory wax; essential oils; soaps; cosmetics; cosmetic creams; cosmetics kits (filled); depilatories; depilatory water; depilatory gel; hair lotions; dentifrices’ and the services in Classes 35 ‘Sale of soaps, perfumery, creams, essential oils, cosmetics, depilatory waxes, depilatory water, depilatory gel and other related goods’ and 44 ‘Hygienic and beauty care for human beings or animals; hair removal and beauty treatment’;










—


order OHIM to pay the costs including those incurred before the Board of Appeal of OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: Mayfield Trading Ltd

Community trade mark concerned: Figurative mark representing two vertical lines for goods and services in Classes 3, 35 and 44 — Community trade mark application No 1 0 2 14  773

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

Mark or sign cited in opposition: National and international figurative mark representing a vertical line for goods in Class 3

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Breach of Article 75 and Article 8(1)(b) of Regulation No 207/2009
Case C-218/14: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 5 May 2014 — Kuldip Singh, Denzel Nnjume, Khaled Aly v Minister for Justice and Equality
Date: 2014-05-05
Institutions: Court of Justice
Subjects: EU Member State, EU national, divorce, freedom of movement, mixed marriage, residence permit








C_2014223EN.01000701.xml










14.7.2014   


EN


Official Journal of the European Union


C 223/7





Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 5 May 2014 — Kuldip Singh, Denzel Nnjume, Khaled Aly v Minister for Justice and Equality
(Case C-218/14)
2014/C 223/10
Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings


Applicants: Kuldip Singh, Denzel Nnjume, Khaled Aly

Defendant: Minister for Justice and Equality

Interested party: The Immigrant Council of Ireland

Questions referred







1.


Where marriage involving EU and non-EU citizens ends in divorce obtained following departure of the EU citizen from a host Member State where EU rights were exercised by the EU citizen, and where Articles 7 and 13(2)(a) of Council Directive 2004/38/EC (1) apply, does the non-EU citizen retain a right of residence in the host Member State thereafter? If the answer is ‘no’, does the non-EU citizen have a right of residence in the host Member State during the period before divorce following departure of the EU citizen from the host Member State?










2.


Are the requirements of Article 7(1)(b) of Directive 2004/38/EC met where an EU citizen spouse claims to have sufficient resources within the meaning of Article 8(4) of the Directive partly on the basis of the resources of the non-EU citizen spouse?










3.


If the answer to the second question is ‘no’, do persons such as the applicants have rights under EU law (apart from the Directive) to work in the host Member State in order to provide or contribute to ‘sufficient resources’ for the purposes of Article 7 of the Directive?






(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC OJ L 158, p. 77
Case T-315/14: Action brought on 5 May 2014  — Hipp v OHIM — Nestlé Nutrition (Praebiotik)
Date: 2014-05-05
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2014212EN.01003701.xml










7.7.2014   


EN


Official Journal of the European Union


C 212/37





Action brought on 5 May 2014 — Hipp v OHIM — Nestlé Nutrition (Praebiotik)
(Case T-315/14)
2014/C 212/48
Language in which the application was lodged: German

Parties


Applicant: Hipp & Co. (Sachseln, Switzerland) (represented by: M. Kinkeldey, A. Wagner and S. Brandstätter, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nestlé Nutrition GmbH (Frankfurt am Main, Germany)

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 26 February 2014 in Cases R 1171/2012-4 and R 1326/2012-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which an application for revocation has been made: the word mark ‘Praebiotik’ for goods in Classes 5, 29 and 32 — Community trade mark No 3 83  919

Proprietor of the Community trade mark: the applicant

Party applying for revocation of the Community trade mark: Nestlé Nutrition GmbH

Decision of the Cancellation Division: the application for cancellation was granted in part

Decision of the Board of Appeal: the contested decision was partially annulled to the effect that the disputed mark was declared to be revoked in its entirety. The appeal of Hipp & Co. was dismissed.

Pleas in law:







—


Infringement of Article 75 of Regulation No 207/2009










—


Infringement of Article 51(1)(b) of Regulation No 207/2009










—


Infringement of Article 78 of Regulation No 207/2009
Case T-284/14: Action brought on 5 May 2014  — Dyckerhoff Polska v Commission
Date: 2014-05-05
Institutions: General Court
Subjects: EU Emissions Trading Scheme, air quality, carbon, equal treatment, principle of proportionality








C_2014245EN.01002001.xml










28.7.2014   


EN


Official Journal of the European Union


C 245/20





Action brought on 5 May 2014 — Dyckerhoff Polska v Commission
(Case T-284/14)
2014/C 245/27
Language of the case: Polish

Parties


Applicant: Dyckerhoff Polska sp. z o.o. (Nowiny, Poland) (represented by: K. Kowalczyk, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27).





Pleas in law and main arguments

In support of its action, the applicant puts forward three pleas in law.






1.


First plea in law:






—


The adopted decision is incompatible with EU law, in particular with Directive 2003/87/EC of the European Parliament and the Council of 13 October 2003 and Commission Decision 2010/2/EU of 24 December 2009.














2.


Second plea in law:






—


Infringement of the principle of equal treatment by reason of the establishment of a uniform cross-sectoral correction factor for all sectors, failing thereby to take into account the fact that the sectors which are deemed to be exposed to a significant risk of carbon leakage, including that of cement production, ought to be treated in a manner different to sectors which are not exposed to such a significant risk;
and infringement of the principle of proportionality.














3.


Third plea in law:






—


Inapplicability, pursuant to Article 277 TFEU, of Article 10a(5) of Directive 2003/87/EC and Article 15(3) of Commission Decision 2011/278/EU, which form the basis on which the contested decision was adopted, in so far as it is possible to apply those provisions without taking account of Article 10a(12) to (18) of Directive 2003/87/EC, Article 16 of Commission Decision 2011/278/EU and Commission Decision 2010/2/EU, which confirm the need to proceed in a specific manner in those sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage, and inapplicability of the adoption by the European Commission of a uniform cross-sectoral correction factor for all sectors.
Case T-518/11: Order of the General Court of 5 May 2014  — BTL Diffusion v OHIM — dm-drogerie markt (babyTOlove) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
Date: 2014-05-05
Institutions: General Court
Subjects: EU trade mark, early childhood, registered trade mark, trade-mark law








C_2014339EN.01001701.xml










29.9.2014   


EN


Official Journal of the European Union


C 339/17





Order of the General Court of 5 May 2014 — BTL Diffusion v OHIM — dm-drogerie markt (babyTOlove)
(Case T-518/11) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))
2014/C 339/19
Language of the case: English

Parties


Applicant: BTL Diffusion (St Cloud, France) (represented by: A. Berendes, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: C. Mellein and B. Beinert, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 July 2011 (Case R 883/2010-2) concerning opposition proceedings between dm-drogerie markt GmbH and BTL Diffusion.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant and the intervener shall bear their own costs and shall each pay half of the costs incurred by the defendant.






(1)  OJ C 355, 3.12.2011.
Last publication of the Court of Justice of the European Union in the Official Journal of the European Union OJ C 129, 28.4.2014
Date: 2014-05-05
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014135EN.01000101.xml










5.5.2014   


EN


Official Journal of the European Union


C 135/1







(2014/C 135/01)
Last publication of the Court of Justice of the European Union in the Official Journal of the European Union



OJ C 129, 28.4.2014




Past publications


OJ C 112, 14.4.2014


OJ C 102, 7.4.2014


OJ C 93, 29.3.2014


OJ C 85, 22.3.2014


OJ C 78, 15.3.2014


OJ C 71, 8.3.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Case T-313/14: Action brought on 5 May 2014  — Christian Dior Couture v OHIM (Representation of a repetitive pattern with a raised effect)
Date: 2014-05-05
Institutions: General Court
Subjects: EU trade mark, clothing industry, luxury products industry, registered trade mark, trade-mark law








C_2014223EN.01006001.xml










14.7.2014   


EN


Official Journal of the European Union


C 223/60





Action brought on 5 May 2014 — Christian Dior Couture v OHIM (Representation of a repetitive pattern with a raised effect)
(Case T-313/14)
2014/C 223/62
Language of the case: French

Parties


Applicant: Christian Dior Couture SA (Paris, France) (represented by M. Sabatier, 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 of 4 March 2014 in Case R 459/2013-4, in so far as it dismissed the appeal brought against the Examiner’s decision, which refuses the protection of the Community trade mark system in respect of the international registration covering the European Union of the figurative mark No 1 1 00  187 to designate some of the products in Classes 9, 14, 18 and 25;










—


allow the registration of the figurative mark No 1 1 00  187 to designate all the products in Classes 9, 14, 18 and 25, and in the alternative to designate the products whose use has been expressly proven;










—


order OHIM to pay the costs incurred by the applicant in the proceedings before OHIM and in the present action, pursuant to Article 87 of the Rules of Procedure of the General Court





Pleas in law and main arguments


Community trade mark concerned: International registration designating the European Union of the figurative mark representing a repetitive pattern with a raised effect in respect of the products in Classes 9, 14, 18 and 25

Decision of the Examiner: Partial refusal of the application

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and 7(3) of Regulation No 207/2009