do-me/EUR-LEX huggingface dataset:
Case T-687/14: Action brought on 22 September 2014  — Novomatic v OHIM — Simba Toys (African SIMBA)
Date: 2014-09-22
Institutions: General Court
Subjects: EU trade mark, registered trade mark, toy industry, trade-mark law








C_2014409EN.01005501.xml










17.11.2014   


EN


Official Journal of the European Union


C 409/55





Action brought on 22 September 2014 — Novomatic v OHIM — Simba Toys (African SIMBA)
(Case T-687/14)
2014/C 409/75
Language in which the application was lodged: German

Parties


Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

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

Other party to the proceedings before the Board of Appeal: Simba Toys GmbH & Co. KG (Fürth, 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 11 July 2014 in Case R 2098/2013-4 with the consequence that OHIM will have to reject the opposition in its entirety due to lack of similarity between the goods and/or signs or due to lack of a likelihood of confusion and allow Community trade mark application No 009752271 ‘African SIMBA’ to proceed to registration in accordance with the application;










—


Order OHIM and, in the case of a written intervention, the opposing party, to bear their own costs and to pay the costs incurred by the applicant in the appeal proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and in the present proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the word elements ‘African SIMBA’ for goods in Class 28 — Community trade mark application No 9 7 52  271

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 national figurative mark including the word element ‘SIMBA’ and the international registration of the word mark ‘SIMBA’ for goods in Class 28

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and Article 75 of Regulation No 207/2009
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2014-09-22
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014329EN.01000101.xml










22.9.2014   


EN


Official Journal of the European Union


C 329/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

2014/C 329/01

Last publication


OJ C 315, 15.9.2014


Past publications


OJ C 303, 8.9.2014


OJ C 292, 1.9.2014


OJ C 282, 25.8.2014


OJ C 261, 11.8.2014


OJ C 253, 4.8.2014


OJ C 245, 28.7.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Commission Regulation (EU) No 998/2014 of 22 September 2014 establishing a prohibition of fishing for plaice in areas VIIf and VIIg by vessels flying the flag of Ireland
Date: 2014-09-22
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Ireland, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2014280EN.01001701.xml










24.9.2014   


EN


Official Journal of the European Union


L 280/17








            COMMISSION REGULATION (EU) No 998/2014
of 22 September 2014
         
establishing a prohibition of fishing for plaice in areas VIIf and VIIg by vessels flying the flag of Ireland


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 43/2014 (2), lays down quotas for 2014.












(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 2014.












(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 2014 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, 22 September 2014.


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)  Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).




ANNEX






No


27/TQ43




Member State


Ireland




Stock


PLE/7FG.




Species


Plaice (Pleuronectes platessa)




Zone


VIIf and VIIg




Closing date


28.8.2014
Case T-676/14: Action brought on 22 September 2014 — Spain v Commission
Date: 2014-09-22
Institutions: General Court
Subjects: Spain, administrative transparency, budgetary control, euro area, infringement of EU law, legal basis, national statistics, principle of legal certainty, retroactivity of a law, rights of the defence








C_2014388EN.01002501.xml










3.11.2014   


EN


Official Journal of the European Union


C 388/25





Action brought on 22 September 2014 — Spain v Commission
(Case T-676/14)
2014/C 388/31
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: A. Rubio González, Abogado del Estado)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul Decision C(2014) 4856 final of 11 July 2014 on the launching of an investigation related to the manipulation of statistics in Spain as referred to in Regulation (EU) No 1173/2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area; and










—


order the Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law: failure to observe the principles of legal certainty and the non-retroactivity of legislation






—


According to the applicant, the principles of legal certainty and non-retroactivity, as applied to Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area (OJ 2011 L 306, p. 1) and Decision 2012/678/EU, mean that facts arising before 13 December 2011 cannot be the subject of an investigation because, at that date, the facts at issue could not be penalised. The only data in respect of which a penalty could be applied are those notified in April 2012. In fact, the period covered by the investigation must relate only to data to be found in notifications made after 2012.




The period covered by the investigation must relate only to data in the notifications made after 2012 where those data relate to facts that occurred after December 2011, the date on which the Regulation No 1173/2011 entered into force. Consequently there is no legal basis for an investigation in relation to facts that occurred before 13 December 2011.










2.


Second plea in law: infringement of Article 8(3) of Regulation (EU) No 1173/2011






—


According to the applicant, there is no serious evidence of facts amounting to the manipulation of data relating to the Spanish deficit and public debt. In reviewing those data, the Spanish authorities gave clear and adequate explanations.














3.


Third plea in law: infringement of the Kingdom of Spain’s rights of defence






—


According to the applicant, the investigation that has been launched is a covert investigation, conducted outside established procedures, in breach of the rights of defence of the Kingdom of Spain.
Case C-433/14: Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014  — Criminal proceedings against Domenico Rosa
Date: 2014-09-22
Institutions: Court of Justice
Subjects: award of contract, equal treatment, game of chance, invitation to tender, service concession, transparency in decision-making








C_2014448EN.01000401.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/4





Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014 — Criminal proceedings against Domenico Rosa
(Case C-433/14)
(2014/C 448/04)
Language of the case: Italian

Referring court

Tribunale di Bari

Party to the main proceedings

Domenico Rosa

Questions referred







1)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?










3)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?
Case C-432/14: Request for a preliminary ruling from the Conseil de prud’hommes de Paris (France) lodged on 22 September 2014 — David Van der Vlist v Bio Philippe Auguste SARL
Date: 2014-09-22
Institutions: Court of Justice
Subjects: additional benefit, age discrimination, holiday, student, temporary employment, work contract








C_2014431EN.01001502.xml










1.12.2014   


EN


Official Journal of the European Union


C 431/15





Request for a preliminary ruling from the Conseil de prud’hommes de Paris (France) lodged on 22 September 2014 — David Van der Vlist v Bio Philippe Auguste SARL
(Case C-432/14)
(2014/C 431/22)
Language of the case: French

Referring court

Conseil de prud’hommes de Paris

Parties to the main proceedings


Applicant: David Van der Vlist

Defendant: Bio Philippe Auguste SARL

Question referred

Does the general principle of non-discrimination on grounds of age preclude national legislation (Article L. 1243-10 of the French Code du travail) which excludes young persons who work during their school holidays or university vacations from entitlement to an insecurity payment payable in the event that employment under a fixed-term contract is not followed by an offer of permanent employment?
Case C-437/14: Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014  — Criminal proceedings against Nicola Seminario
Date: 2014-09-22
Institutions: Court of Justice
Subjects: award of contract, cessation of trading, equal treatment, game of chance, invitation to tender, service concession, transparency in decision-making








C_2014448EN.01000602.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/6





Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014 — Criminal proceedings against Nicola Seminario
(Case C-437/14)
(2014/C 448/08)
Language of the case: Italian

Referring court

Tribunale di Bari

Parties to the main proceedings

Nicola Seminario

Questions referred







1)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?










3)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?
Case C-436/14: Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014  — Criminal proceedings against Davide Cazzorla
Date: 2014-09-22
Institutions: Court of Justice
Subjects: award of contract, cessation of trading, equal treatment, game of chance, invitation to tender, service concession, transparency in decision-making








C_2014448EN.01000601.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/6





Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014 — Criminal proceedings against Davide Cazzorla
(Case C-436/14)
(2014/C 448/07)
Language of the case: Italian

Referring court

Tribunale di Bari

Party to the main proceedings

Davide Cazzorla

Questions referred







1)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?










3)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?
Case F-108/13: Order of the Civil Service Tribunal of 22 September 2014 — Loescher v Council
Date: 2014-09-22
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, indemnification, pay, payment








C_2014395EN.01006901.xml










10.11.2014   


EN


Official Journal of the European Union


C 395/69






Order of the Civil Service Tribunal of 22 September 2014 — Loescher v Council
(Case F-108/13) (1)

(2014/C 395/85)
Language of the case: French
The President of the 3rd Chamber has ordered that the case be removed from the register.


(1)  OJ C 24, 25/1/2014, p. 41.
Case F-97/14: Action brought on 22 September 2014  — ZZ v EMA
Date: 2014-09-22
Institutions: Civil Service Tribunal
Subjects: servant (EU), temporary employment, work contract








C_2015007EN.01005001.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/50





Action brought on 22 September 2014 — ZZ v EMA
(Case F-97/14)
(2015/C 007/59)
Language of the case: French

Parties


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

Defendant: European Medicines Agency (EMA)

Subject-matter and description of the proceedings

Annulment of the EMA’s decision, confirming the earlier decision annulled by judgment of the Civil Service Tribunal, not to renew the applicant’s contract.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision adopted pursuant to the judgment of the Civil Service Tribunal of 26 June 2013 in joined cases F-135/11, F-51/12 and F-110/12;










—


order the EMA to pay EUR 1 50  000 to the applicant by way of compensation for non-material harm suffered;










—


order the EMA to pay EUR 1 to the applicant provisionally by way of compensation for material harm caused;










—


order the EMA to pay the costs.
Case T-692/14: Action brought on 22 September 2014 — Puma v OHIM — Sinda Poland (Representation of an imaginary animal)
Date: 2014-09-22
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, sports equipment, trade-mark law








C_2014409EN.01005502.xml










17.11.2014   


EN


Official Journal of the European Union


C 409/55





Action brought on 22 September 2014 — Puma v OHIM — Sinda Poland (Representation of an imaginary animal)
(Case T-692/14)
2014/C 409/76
Language in which the application was lodged: English

Parties


Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sinda Poland Corporation Sp. z o.o. (Warsaw, Poland)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision issued on 14 September 2012 (Case R 2214/2013-5) on the grounds that Article 8(1)(b) CTMR was not correctly applied, which resulted in the incorrect finding that the conflicting trade marks were not visually and conceptually similar;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Sinda Poland Corporation Sp. z.o.o. to pay the costs of the proceedings before the General Court and the Office.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the representation of an imaginary animal for goods in class 25 — Community trade mark application No 1 1 1 42  395

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

Mark or sign cited in opposition: The international registrations Nos 3 69  075 and 4 80  105 for goods in classes 18, 25 and 28, and the international registration No 5 93  987 for goods and services in all classes

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Rejected the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case C-435/14: Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014  — Criminal proceedings against Mauro Barletta
Date: 2014-09-22
Institutions: Court of Justice
Subjects: award of contract, cessation of trading, equal treatment, game of chance, invitation to tender, service concession, transparency in decision-making








C_2014448EN.01000501.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/5





Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 22 September 2014 — Criminal proceedings against Mauro Barletta
(Case C-435/14)
(2014/C 448/06)
Language of the case: Italian

Referring court

Tribunale di Bari

Party to the main proceedings

Mauro Barletta

Questions referred







1)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?










3)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the above judgment of the Court of Justice of the European Union, to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?