do-me/EUR-LEX huggingface dataset:
Order of the Court of 25 November 2014 in Case E-4/13 — Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority — Access to documents — Admissibility — Article 38 SCA — ESA’s Rules on public access to documents 2012)
Date: 2014-11-25
Institutions: EFTA Court
Subjects: Norway, access to information, postal and telecommunications services, provision of documents








C_2015183EN.01000801.xml










4.6.2015   


EN


Official Journal of the European Union


C 183/8





ORDER OF THE COURT
of 25 November 2014
in Case E-4/13
Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority
(Action for annulment of a decision of the EFTA Surveillance Authority — Access to documents — Admissibility — Article 38 SCA — ESA’s Rules on public access to documents 2012)
(2015/C 183/09)
In Case E-4/13, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority – APPLICATION for annulment of the EFTA Surveillance Authority’s (‘ESA’) Decision of 7 February 2013 to deny access to the inspection documents in Case No 34250 (Norway Post/Privpak) after the Court annulled ESA’s first decision on 21 December 2012 in Case E-14/11. The contested decision was made under the new rules on public access to documents that ESA enacted on 5 September 2012 by way of Decision No 300/12/COL (‘RAD 2012’) (not published in the Official Journal), which was given retroactive effect to DB Schenker’s access request of 3 August 2010, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Páll Hreinsson, Judges, made an order on 25 November 2014, the operative part of which is as follows:
The Court hereby:






1.


The application is dismissed as inadmissible;










2.


The applicants are to bear their own costs and the costs incurred by the EFTA Surveillance Authority;










3.


Posten Norge AS is to bear its own costs.
Prior notification of a concentration (Case M.7458 — IBM / INF Business of Deutsche Lufthansa)  Text with EEA relevance
Date: 2014-11-25
Institutions: European Commission
Subjects: economic concentration, merger control, software








C_2014422EN.01000301.xml










25.11.2014   


EN


Official Journal of the European Union


C 422/3





Prior notification of a concentration
(Case M.7458 — IBM / INF Business of Deutsche Lufthansa)
(Text with EEA relevance)
2014/C 422/03






1.


On 18 November 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking IBM Central Holding GmbH (Germany) belonging to the group International Business Machines Corporation (‘IBM’, United States) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control by way of purchase of shares over a newly-formed company INF KG (‘INF’, Germany), to which Lufthansa Systems Aktiengesellschaft (a wholly-owned subsidiary of Deutsche Lufthansa Aktiengesellschaft), will transfer a business as a going concern which is responsible for the provision of certain IT infrastructure services to companies of the Lufthansa Group and other companies.










2.


The business activities of the undertakings concerned are:
—   for IBM: development, production and marketing of a wide variety of IT solutions, comprising software, systems (servers, storage systems, appliances), and services (business consulting and IT infrastructure services),
—   for INF: provision of IT infrastructure services to companies of the Lufthansa Group and other companies.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7458 — IBM / INF Business of Deutsche Lufthansa, 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’).
Case T-556/13: Judgment of the General Court of 25 November 2014 — Verband der Kölnisch-Wasser Hersteller v OHIM (Original Eau de Cologne) (Community trade mark — Application for the Community collective word mark Original Eau de Cologne — Absolute grounds for refusal — Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009)
Date: 2014-11-25
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2015016EN.01003601.xml










19.1.2015   


EN


Official Journal of the European Union


C 16/36






Judgment of the General Court of 25 November 2014 — Verband der Kölnisch-Wasser Hersteller v OHIM (Original Eau de Cologne)
(Case T-556/13) (1)

(Community trade mark - Application for the Community collective word mark Original Eau de Cologne - Absolute grounds for refusal - Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009)
(2015/C 016/57)
Language of the case: German

Parties


Applicant: Verband der Kölnisch-Wasser Hersteller eV (Cologne, Germany) (represented by: T. Schulte-Beckhausen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 August 2013 (Case R 2064/2012-14) concerning an application for registration of the word mark Original Eau de Cologne as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Verband der Kölnisch-Wasser Hersteller eV to pay the costs.






(1)  OJ C 367, 14.12.2013.
2014/859/EU: Council Decision of 25 November 2014 appointing a United Kingdom member of the Committee of the Regions
Date: 2014-11-25
Institutions: Council of the European Union
Subjects: European Committee of the Regions, United Kingdom, appointment of staff








L_2014346EN.01003101.xml










2.12.2014   


EN


Official Journal of the European Union


L 346/31








            COUNCIL DECISION
         
of 25 November 2014
         
appointing a United Kingdom member of the Committee of the Regions

(2014/859/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 United Kingdom Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 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 has become vacant following the end of the term of office of Lord Graham TOPE CBE,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Ms Ruth DOMBEY, Councillor.






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




Done at Brussels, 25 November 2014.


For the Council


The President

D. FRANCESCHINI
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case F-135/14: Action brought on 25th November 2014 — ZZ v EMA
Date: 2014-11-25
Institutions: Civil Service Tribunal
Subjects: European official, indemnification, termination of a contract








C_2015016EN.01005002.xml










19.1.2015   


EN


Official Journal of the European Union


C 16/50






Action brought on 25th November 2014 — ZZ v EMA
(Case F-135/14)
(2015/C 016/75)
Language of the case: English

Parties


Applicant: ZZ (represented by: S. Rodrigues, A. Blot, lawyers)

Defendant: European Medicines Agency (EMA)

Subject-matter and description of the proceedings

The annulment of the decision to assign the applicant on non-active status.

Form of order sought







—


Annul the decision dated 31 January 2014 of the EMA to place the applicant on non-active status as of 1 February 2014 until the alleged expiry of his contract on 15 March 2014, together with the letter dated 14 March 2014 allegedly intending to ‘clarify’ the reason for placing him on non-active status;










—


annul, so far as necessary, the EMA’s decision dated 15 August 2014, rejecting the Applicant’s complaint dated 24 April 2014 against the aforementioned decisions;










—


repair the moral prejudice suffered by the Applicant estimated at 20 000 euros;










—


order the EMA to pay all the costs incurred by the Applicant for the present appeal.
Commission Regulation (EU) No 1266/2014 of 25 November 2014 establishing a prohibition of fishing for cod in NAFO area 3M by vessels flying the flag of a Member State of the European Union
Date: 2014-11-25
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2014343EN.01000301.xml










28.11.2014   


EN


Official Journal of the European Union


L 343/3








            COMMISSION REGULATION (EU) No 1266/2014
of 25 November 2014
         
establishing a prohibition of fishing for cod in NAFO area 3M by vessels flying the flag of a Member State of the European Union


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, 25 November 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


71/TQ43




Member State


European Union (all Member States)




Stock


COD/N3M




Species


Cod (Gadus morhua)




Zone


NAFO 3M




Closing date


12.11.2014
Case T-556/12: Judgment of the General Court of 25 November 2014 — Royalton Overseas v OHIM — S.C. Romarose Invest (KAISERHOFF) (Community trade mark — Opposition proceedings — Application for Community figurative mark KAISERHOFF — Earlier national word mark KAISERHOFF — Suspension of the administrative proceedings — Rules 20 and 50 of Regulation (EC) No 2868/95 — ‘Examination of the facts by the Office of its own motion’ — Article 76(1) of Regulation (EC) No 207/2009)
Date: 2014-11-25
Institutions: General Court
Subjects: EU trade mark, household article, registered trade mark, trade-mark law








C_2015016EN.01003401.xml










19.1.2015   


EN


Official Journal of the European Union


C 16/34






Judgment of the General Court of 25 November 2014 — Royalton Overseas v OHIM — S.C. Romarose Invest (KAISERHOFF)
(Case T-556/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark KAISERHOFF - Earlier national word mark KAISERHOFF - Suspension of the administrative proceedings - Rules 20 and 50 of Regulation (EC) No 2868/95 - ‘Examination of the facts by the Office of its own motion’ - Article 76(1) of Regulation (EC) No 207/2009)
(2015/C 016/54)
Language of the case: English

Parties


Applicant: Royalton Overseas Ltd (Road Town, British Virgin Islands, United Kingdom) (represented by: C. Năstase, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: S.C. Romarose Invest Srl (Bucharest, Romania) (represented by: R.-G. Dragomir and G.-L. Ilie, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 October 2012 (Case R 2535/2011-1) concerning opposition proceedings between S.C. Romarose Invest Srl and Royalton Overseas Ltd.

Operative part of the judgment

The Court:






1)


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 October 2012 (Case R 2535/2011-1) concerning opposition proceedings between S.C. Romarose Invest Srl and Royalton Overseas Ltd;










2)


Orders OHIM to bear its own costs and to pay half of the costs incurred by Royalton Overseas, including those necessarily incurred by Royalton Overseas for the purposes of the proceedings before the Board of Appeal of OHIM;










3)


Orders S.C. Romarose Invest to bear its own costs and to pay half of the costs incurred by Royalton Overseas, including those necessarily incurred by Royalton Overseas for the purposes of the proceedings before the Board of Appeal of OHIM.






(1)  OJ C 63, 2.3.2013.
Information communicated by Member States regarding closure of fisheries
Date: 2014-11-25
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2014422EN.01000201.xml










25.11.2014   


EN


Official Journal of the European Union


C 422/2





Information communicated by Member States regarding closure of fisheries
2014/C 422/02
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.11.2014




Duration


10.11.2014 – 31.12.2014




Member State


The Netherlands




Stock or Group of stocks


SRX/2AC4-C




Species


Skates and rays (Rajiformes)




Zone


Union waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


74/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
European Parliament legislative resolution of 25 November 2014 on the draft Council decision on the approval, on behalf of the European Union, of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007 (15113/2013 — C8-0004/2014 — 2013/0184(NLE))
Date: 2014-11-25
Institutions: Committee on Legal Affairs, Committee on Transport and Tourism, European Parliament
Subjects: consent procedure, international convention, protocol to an agreement, ratification of an agreement, rolling stock, transport regulations








C_2016289EN.01007701.xml










9.8.2016   


EN


Official Journal of the European Union


C 289/77





P8_TA(2014)0054
Protocol on Matters specific to Railway Rolling Stock ***
European Parliament legislative resolution of 25 November 2014 on the draft Council decision on the approval, on behalf of the European Union, of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007 (15113/2013 — C8-0004/2014 — 2013/0184(NLE))
(Consent)
(2016/C 289/13)

The European Parliament,






—


having regard to the draft Council decision (15113/2013),










—


having regard to the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007 (1),










—


having regard to the request for consent submitted by the Council in accordance with Article 81(2) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0004/2014),










—


having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Legal Affairs (A8-0030/2014),












1.


Gives its consent to the approval of the Protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.






(1)  OJ L 331, 16.12.2009, p. 5.
Euro exchange rates
Date: 2014-11-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2014422EN.01000101.xml










25.11.2014   


EN


Official Journal of the European Union


C 422/1





Euro exchange rates (1)

24 November 2014
2014/C 422/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2410




JPY


Japanese yen


146,82




DKK


Danish krone


7,4400




GBP


Pound sterling


0,79160




SEK


Swedish krona


9,2396




CHF


Swiss franc


1,2027




ISK


Iceland króna


 




NOK


Norwegian krone


8,4070




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,592




HUF


Hungarian forint


304,76




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1943




RON


Romanian leu


4,4313




TRY


Turkish lira


2,7649




AUD


Australian dollar


1,4387




CAD


Canadian dollar


1,3961




HKD


Hong Kong dollar


9,6262




NZD


New Zealand dollar


1,5772




SGD


Singapore dollar


1,6179




KRW


South Korean won


1 385,46




ZAR


South African rand


13,6398




CNY


Chinese yuan renminbi


7,6212




HRK


Croatian kuna


7,6710




IDR


Indonesian rupiah


15 067,59




MYR


Malaysian ringgit


4,1618




PHP


Philippine peso


55,817




RUB


Russian rouble


55,9150




THB


Thai baht


40,737




BRL


Brazilian real


3,1419




MXN


Mexican peso


16,9047




INR


Indian rupee


76,8291






(1)  Source: reference exchange rate published by the ECB.
Case T-374/12: Judgment of the General Court of 25 November 2014 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL) (Community trade mark — Opposition procedure — International registration covering the European Community — Figurative mark KASTEEL — Earlier national word mark CASTEL BEER — Relative grounds for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76(1) of Regulation No 207/2009)
Date: 2014-11-25
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, beverage industry, registered trade mark, trade-mark law








C_2015016EN.01003201.xml










19.1.2015   


EN


Official Journal of the European Union


C 16/32






Judgment of the General Court of 25 November 2014 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
(Case T-374/12) (1)

(Community trade mark - Opposition procedure - International registration covering the European Community - Figurative mark KASTEEL - Earlier national word mark CASTEL BEER - Relative grounds for refusal - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 76(1) of Regulation No 207/2009)
(2015/C 016/51)
Language of the case: French

Parties


Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands) (represented by: R. Dequiré-Portier, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 June 2012 (Case R 2551/2010-2), in opposition proceedings between Beverage Trademark Co. Ltd BTM and Brouwerij Van Honsebrouck.

Operative part of the judgment

The Court:






(1)


Dismisses the action;










(2)


Orders Brouwerij Van Honsebrouck to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Beverage Trademark Co. Ltd BTM.






(1)  OJ C 343, 10.11.2012.