do-me/EUR-LEX huggingface dataset:
Case T-506/13: Judgment of the General Court of 7 November 2014  — Urb Rulmenti Suceava v OHIM — Adiguzel (URB) (Community trade mark — Invalidity proceedings — Community word mark URB — Earlier national collective word mark URB and earlier national collective figurative mark URB — Absolute ground for refusal — No bad faith on the part of the proprietor of the Community trade mark — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — No authorisation by the proprietor of the earlier marks — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 — No breach of Article 72 of Regulation No 207/2009)
Date: 2014-11-07
Institutions: General Court
Subjects: EU trade mark, bearing, registered trade mark, trade-mark law, vehicle parts








C_2014462EN.01002401.xml










22.12.2014   


EN


Official Journal of the European Union


C 462/24





Judgment of the General Court of 7 November 2014 — Urb Rulmenti Suceava v OHIM — Adiguzel (URB)
(Case T-506/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark URB - Earlier national collective word mark URB and earlier national collective figurative mark URB - Absolute ground for refusal - No bad faith on the part of the proprietor of the Community trade mark - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - No authorisation by the proprietor of the earlier marks - Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 - No breach of Article 72 of Regulation No 207/2009))
(2014/C 462/37)
Language of the case: English

Parties


Applicant: Urb Rulmenti Suceava SA (Suceava, Romania) (represented by: I. Burdusel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Harun Adiguzel (Diosd, Hungary) (represented by: G. Bozocea, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 July 2013 (Case R 1309/2012-4) concerning invalidity proceedings between Urb Rulmenti Suceava SA and Harun Adiguzel.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Urb Rulmenti Suceava SA to pay the costs.










3.


Declares that Harun Adiguzel is to bear his own costs.






(1)  OJ C 352, 30.11.2013.
Euro exchange rates
Date: 2014-11-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2014392EN.01000101.xml










7.11.2014   


EN


Official Journal of the European Union


C 392/1





Euro exchange rates (1)

6 November 2014
2014/C 392/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2517




JPY


Japanese yen


143,33




DKK


Danish krone


7,4404




GBP


Pound sterling


0,78615




SEK


Swedish krona


9,2027




CHF


Swiss franc


1,2045




ISK


Iceland króna


 




NOK


Norwegian krone


8,5165




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,769




HUF


Hungarian forint


310,02




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,2214




RON


Romanian leu


4,4282




TRY


Turkish lira


2,8020




AUD


Australian dollar


1,4530




CAD


Canadian dollar


1,4281




HKD


Hong Kong dollar


9,7047




NZD


New Zealand dollar


1,6170




SGD


Singapore dollar


1,6171




KRW


South Korean won


1 360,61




ZAR


South African rand


13,9220




CNY


Chinese yuan renminbi


7,6521




HRK


Croatian kuna


7,6625




IDR


Indonesian rupiah


15 211,30




MYR


Malaysian ringgit


4,1760




PHP


Philippine peso


56,370




RUB


Russian rouble


57,5930




THB


Thai baht


41,085




BRL


Brazilian real


3,1783




MXN


Mexican peso


16,9925




INR


Indian rupee


76,9580






(1)  Source: reference exchange rate published by the ECB.
Case C-497/14: Request for a preliminary ruling from the Tribunale ordinario di Torino (Italy) lodged on 7 November 2014  — Criminal proceedings against Stefano Burzio
Date: 2014-11-07
Institutions: Court of Justice
Subjects: additional duty, administrative sanction, criminal liability








C_2015034EN.01000802.xml










2.2.2015   


EN


Official Journal of the European Union


C 34/8





Request for a preliminary ruling from the Tribunale ordinario di Torino (Italy) lodged on 7 November 2014 — Criminal proceedings against Stefano Burzio
(Case C-497/14)
(2015/C 034/08)
Language of the case: Italian

Referring court

Tribunale ordinario di Torino

Party to the main proceedings

Stefano Burzio

Question referred

On a proper construction of Article 4 of [Protocol No 7 to the European Convention on the Protection of Human Rights and Fundamental Freedoms] and Article 50 [of the Charter of Fundamental Rights of the European Union], is the provision made under Article 10a of Legislative Decree No 74 [of 10 March 2000] consistent with Community law, in so far as it permits the criminal liability of a person on whom an irreversible administrative penalty under Article 13(1) of Legislative Decree No 471 [of 18 December 1997] has already been imposed (through the application of a surtax) to be assessed in respect of the same act or omission (non-payment of withholding tax)?
2014/832/EU: Council Decision of 7 November 2014 establishing the position to be adopted on behalf of the European Union in the Administrative Committee of the United Nations Economic Commission for Europe on the draft new Regulation on hydrogen and fuel cell vehicles
Date: 2014-11-07
Institutions: Council of the European Union
Subjects: UN regional commission, fuel cell, hydrogen, technical rule, vehicle








L_2014341EN.01001501.xml










27.11.2014   


EN


Official Journal of the European Union


L 341/15








            COUNCIL DECISION
         
of 7 November 2014
         
establishing the position to be adopted on behalf of the European Union in the Administrative Committee of the United Nations Economic Commission for Europe on the draft new Regulation on hydrogen and fuel cell vehicles

(2014/832/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


By Council Decision 97/836/EC (1), the Union has acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’).












(2)


The standardised requirements of the draft new UNECE Regulation on hydrogen and fuel cell vehicles are intended to remove technical barriers to the trade in motor vehicles and their components between the Contracting Parties to the Revised 1958 Agreement and to ensure that such vehicles and components offer a high level of safety and protection.












(3)


It is appropriate to establish the position to be adopted on the Union's behalf in the Administrative Committee of the Revised 1958 Agreement concerning the adoption of that draft UNECE Regulation,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted on the behalf of the European Union in the Administrative Committee of the Revised 1958 Agreement shall be to vote in favour of the draft new UNECE Regulation on hydrogen andfuel cell vehicles, as contained in document ECE TRANS/ WP.29/2014/78.


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




Done at Brussels, 7 November 2014.


For the Council


The President

P. C. PADOAN
            





(1)  Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).
Case T-751/14: Action brought on 7 November 2014 — Hikari Miso v OHIM — Nishimoto Trading (Hikari)
Date: 2014-11-07
Institutions: General Court
Subjects: EU trade mark, foodstuff, registered trade mark, trade-mark law








C_2015007EN.01004401.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/44





Action brought on 7 November 2014 — Hikari Miso v OHIM — Nishimoto Trading (Hikari)
(Case T-751/14)
(2015/C 007/50)
Language in which the application was lodged: English

Parties


Applicant: Hikari Miso Co. Ltd (Suwa-gun, Japan) (represented by: D. McFarland, Barrister)

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

Other party to the proceedings before the Board of Appeal: Nishimoto Trading Co. Ltd (Santa Fe Springs, United States)

Details of the proceedings before OHIM


Applicant: The other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for registration No 9 5 69  501

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 8 September 2014 in Case R 2394/2013-4

Form of order sought

The applicant claims that the Court should:






—


annul and/or set aside the contested decision;










—


award the costs in favour of the Applicant and reverse the costs award made by the Fourth Board of Appeal.





Pleas in law







—


The decision of the Fourth Board of Appeal is based upon errors of law and/or fact;










—


The Fourth Board of Appeal exceeded its powers and function, by indulging in accepting as proven facts submissions which amounted to no more than suppositions and hypothesis, in respect of which no evidence had been adduced.
2014/780/EU: Council Decision of 7 November 2014 appointing a Luxembourg member of the European Economic and Social Committee
Date: 2014-11-07
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Luxembourg, appointment of members








L_2014327EN.01000501.xml










12.11.2014   


EN


Official Journal of the European Union


L 327/5








            COUNCIL DECISION
         
of 7 November 2014
         
appointing a Luxembourg member of the European Economic and Social Committee

(2014/780/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Luxembourg Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1). On 7 November 2012, by Council Decision 2012/694/EU (2), Mr Christophe ZEEB was appointed member until 20 September 2015.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Christophe ZEEB,





HAS ADOPTED THIS DECISION:



Article 1
Mr Henri WAGENER, Conseiller à la Fedil-Business Federation Luxembourg, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


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




Done at Brussels, 7 November 2014.


For the Council


The President

P. C. PADOAN
            





(1)  
            OJ L 251, 25.9.2010, p. 8.

(2)  Council Decision 2012/694/EU of 7 November 2012 appointing a Luxembourg member of the European Economic and Social Committee (OJ L 310, 9.11.2012, p. 50).
Case T-567/12: Judgment of the General Court of 7 November 2014  — Kaatsu Japan v OHIM (KAATSU) (Community trade mark — Application for Community word mark KAATSU — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Rights of the defence — Article 75, second sentence, of Regulation No 207/2009)
Date: 2014-11-07
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2014462EN.01002202.xml










22.12.2014   


EN


Official Journal of the European Union


C 462/22





Judgment of the General Court of 7 November 2014 — Kaatsu Japan v OHIM (KAATSU)
(Case T-567/12) (1)

((Community trade mark - Application for Community word mark KAATSU - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Rights of the defence - Article 75, second sentence, of Regulation No 207/2009))
(2014/C 462/34)
Language of the case: English

Parties


Applicant: Kaatsu Japan Co. Ltd (Tokyo, Japan) (represented by: M. Edenborough QC)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and I. Harrington, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 435/2012-2), relating to an application for registration of the word sign KAATSU as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kaatsu Japan Co. Ltd to pay the costs.






(1)  OJ C 63, 2.3.2013.
Commission Implementing Regulation (EU) No 1241/2014 of 7 November 2014 entering a name in the register of protected designations of origin and protected geographical indications (Westfälischer Pumpernickel (PGI))
Date: 2014-11-07
Institutions: European Commission
Subjects: Germany, North Rhine-Westphalia, bread, designation of origin, labelling, product designation








L_2014334EN.01001001.xml










21.11.2014   


EN


Official Journal of the European Union


L 334/10








            COMMISSION IMPLEMENTING REGULATION (EU) No 1241/2014
of 7 November 2014
         
entering a name in the register of protected designations of origin and protected geographical indications (Westfälischer Pumpernickel (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),

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Germany's application to register the name ‘Westfälischer Pumpernickel’ 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 ‘Westfälischer Pumpernickel’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Westfälischer Pumpernickel’ (PGI) is hereby entered in the register.
The name referred to in the first paragraph identifies a product in Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker's wares in accordance with Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 7 November 2014.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 196, 26.6.2014, p. 20.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Information relating to the entry into force of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union
Date: 2014-11-07
Institutions: Council of the European Union
Subjects: Cabo Verde, EU visa policy, free movement of persons, geographical mobility, residence permit








L_2014321EN.01000102.xml










7.11.2014   


EN


Official Journal of the European Union


L 321/1







Information relating to the entry into force of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union

The Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union will enter into force on 1 December 2014, the procedure provided for in Article 12(1) of the Agreement having been completed on 15 October 2014.
Information relating to the entry into force of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation
Date: 2014-11-07
Institutions: Council of the European Union
Subjects: Cabo Verde, admission of aliens, agreement (EU), illegal migration, return migration








L_2014321EN.01000101.xml










7.11.2014   


EN


Official Journal of the European Union


L 321/1







Information relating to the entry into force of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation

The Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation will enter into force on 1 December 2014, the procedure provided for in Article 22(2) of the Agreement having been completed on 15 October 2014.
Prior notification of a concentration (Case M.7375 — UTC/CIAT)  Text with EEA relevance
Date: 2014-11-07
Institutions: European Commission
Subjects: air conditioning, economic concentration, heating, merger control, new technology








C_2014392EN.01000301.xml










7.11.2014   


EN


Official Journal of the European Union


C 392/3





Prior notification of a concentration
(Case M.7375 — UTC/CIAT)
(Text with EEA relevance)
2014/C 392/03






1.


On 31 October 2014, the Commission received a notification of a proposed concentration pursuant to Article 4, and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1), by which the undertaking United Technologies Corporation (‘UTC’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking CIAT (France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for UTC: provision of high technology solutions for the building systems and aerospace industries worldwide. UTC’s operating unit, Carrier, manufactures and distributes heating, ventilation and air conditioning (‘HVAC’) systems,
—   for CIAT: manufacture and supply of HVAC systems.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7375 — UTC/CIAT, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Prior notification of a concentration (Case M.7436 — Vista/TIBCO) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-11-07
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, software








C_2014392EN.01000401.xml










7.11.2014   


EN


Official Journal of the European Union


C 392/4





Prior notification of a concentration
(Case M.7436 — Vista/TIBCO)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 392/04






1.


On 31 October 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vista Equity Partners LLC (‘Vista’, United States) acquires within the meaning of Article 3(1)(b) sole control of TIBCO Software Inc. (‘TIBCO’, United States) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Vista: private equity firm,
—   for TIBCO: provision of infrastructure and business intelligence software.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7436 — Vista/TIBCO, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.