do-me/EUR-LEX huggingface dataset:
Case C-615/14 P: Appeal brought on 29 December 2014 by AQ against the order of the General Court (Seventh Chamber) of 15 December 2014 in Case T-168/11 AQ v European Parliament
Date: 2014-12-29
Institutions: Court of Justice
Subjects: European Court of Human Rights, damages, indemnification, petition








C_2015398EN.01001102.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/11





Appeal brought on 29 December 2014 by AQ against the order of the General Court (Seventh Chamber) of 15 December 2014 in Case T-168/11 AQ v European Parliament
(Case C-615/14 P)
(2015/C 398/14)
Language of the case: Polish

Parties


Appellant: AQ

Other party to the proceedings: European Parliament
By order of 17 September 2015, the Court of Justice (Seventh Chamber) ordered that the case be removed from the Register as being manifestly inadmissible.
Case T-829/14: Action brought on 29 December 2014  — Antrax It v OHIM — Vasco Group (Radiators for heating)
Date: 2014-12-29
Institutions: General Court
Subjects: EU trade mark, electrical equipment, heating, registered trade mark, trade-mark law








C_2015065EN.01004801.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/48





Action brought on 29 December 2014 — Antrax It v OHIM — Vasco Group (Radiators for heating)
(Case T-829/14)
(2015/C 065/65)
Language in which the application was lodged: Italian

Parties


Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vasco Group BVBA (Dilsen, Belgium)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: The applicant

Design at issue: Community design for ‘thermosiphon’ products — Community design No 593959-0002

Contested decision: Decision of the Third Board of Appeal of OHIM of 10 October 2014 in Case R 1273/2013-3

Forms of order sought

The applicant claims that the Court should:






—


Join the present case to the action brought by the applicant against the decision in Case R 1272/2013-3 of OHIM, since that decision is identical to that contested in the present action;










—


Annul the contested decision in so far as Community design No 593959-0002 was declared invalid because it lacked individual character and, consequently, declare valid that design without remitting the matter to OHIM for the third time;










—


Annul the contested decision of OHIM in so far as it ordered Antrax It Srl to pay the costs;










—


Order OHIM and Vasco Group BVBA, jointly and severally, to pay Antrax It Srl, costs, compensation and legal fees, together with any additional sums required by law;










—


Order Vasco Group BVBA to pay Antrax It Srl the costs, compensation including technical compensation and legal fees incurred by the latter in the proceedings before OHIM together with any additional sums required by law;










—


Declare Article 1(d) of Regulation No 216/96 to be incompatible with Article 41 of the Charter of Fundamental Rights of the European Union.





Pleas in law and main arguments







—


The pleas in law and main arguments are the same as those relied on in Case T-828/14.
Case T-846/14: Action brought on 29 December 2014  — Spokey v OHIM — Leder Jaeger (SPOKEY)
Date: 2014-12-29
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2015065EN.01005201.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/52





Action brought on 29 December 2014 — Spokey v OHIM — Leder Jaeger (SPOKEY)
(Case T-846/14)
(2015/C 065/70)
Language in which the application was lodged: Polish

Parties


Applicant: Spokey sp. z o.o. (Katowice, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Leder Jaeger GmbH (Siegen, Germany)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: The applicant

Trade mark at issue: Community figurative mark containing the word element ‘SPOKEY’ — Community trade mark No 6 777 312

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 29 October 2014 in Case R 525/2014-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


if necessary, amend the contested decision insofar as it refers to specific goods within Class 18;










—


order OHIM to pay the costs.





Pleas in law







—


Infringement of Articles 8(1)(b), 75 and 76 of Regulation No 207/2009;










—


Infringement of rule 50 of Commission Regulation No 2868/95.
Case T-828/14: Action brought on 29 December 2014  — Antrax It v OHIM — Vasco Group (Radiators for heating)
Date: 2014-12-29
Institutions: General Court
Subjects: EU trade mark, electrical equipment, heating, registered trade mark, trade-mark law








C_2015065EN.01004702.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/47





Action brought on 29 December 2014 — Antrax It v OHIM — Vasco Group (Radiators for heating)
(Case T-828/14)
(2015/C 065/64)
Language in which the application was lodged: Italian

Parties


Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vasco Group BVBA (Dilsen, Belgium)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: The applicant

Design at issue: Community design for ‘Radiators for heating’ products — Community design No 593959-0001

Contested decision: Decision of the Third Board of Appeal of OHIM of 10 October 2014 in Case R 1272/2013-3

Forms of order sought

The applicant claims that the Court should:






—


Join the present case to the action brought by the applicant against the decision in Case R 1273/2013-3 of OHIM, since that decision is identical to that contested in the present action;










—


Annul the contested decision in so far as Community design No 593959-0001 was declared invalid because it lacked individual character and, consequently, declare valid that design without remitting the matter to OHIM for the third time;










—


Annul the contested decision of OHIM in so far as it ordered Antrax It Srl to pay the costs;










—


Order OHIM and Vasco Group BVBA, jointly and severally, to pay Antrax It Srl, costs, compensation and legal fees, together with any additional sums required by law;










—


Order Vasco Group BVBA to pay Antrax It Srl the costs, compensation including technical compensation and legal fees incurred by the latter in the proceedings before OHIM together with any additional sums required by law;










—


Declare Article 1(d) of Regulation No 216/96 to be incompatible with Article 41 of the Charter of Fundamental Rights of the European Union.





Pleas in law and main arguments







—


Breach of Article 41(1) of the Charter of Fundamental Rights of the European Union;










—


Breach of Articles 6, 61, 62 and 63 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.
Case C-607/14: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 29 December 2014 — Bookit, Ltd v Commissioners for Her Majesty's Revenue and Customs
Date: 2014-12-29
Institutions: Court of Justice
Subjects: VAT, bank, banking, electronic money, provision of services, tax exemption








C_2015081EN.01000902.xml










9.3.2015   


EN


Official Journal of the European Union


C 81/9





Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 29 December 2014 — Bookit, Ltd v Commissioners for Her Majesty's Revenue and Customs
(Case C-607/14)
(2015/C 081/12)
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicants: Bookit, Ltd

Defendants: Commissioners for Her Majesty's Revenue and Customs

Questions referred







1.


With regard to the exemption from VAT in Article 135(1)(d) of Council Directive (EC) 2006/112/EC (1) of 28 November 2006 on the common system of VAT as interpreted by the Court of Justice in Case C-2/95 Sparekassernes Datacenter (SDC) v Skatteministeriet (ECLI:EU:C:1997:278; [1997] ECR I-3017), what are the relevant principles to be applied in determining whether or not a ‘debit and credit card handling service’ (such as the service that is supplied in this case) has ‘the effect of transferring funds and entails changes in the legal and financial situation’ within the meaning of paragraph 66 of that judgment.










2.


As a matter of principle, what factors distinguish: (a) a service which consists in the provision of financial information without which a payment would not be made but which do not fall within the exemption (such as in C-350/10 Nordea Pankki Suomi (ECLI:EU:C:2011:532; [2011] ECR I-7359), from (b) a data handling service which functionally has the effect of transferring funds and which the Court of Justice has identified as therefore being capable of falling within the exemption (such as in SDC at paragraph 66)?










3.


In particular, and in the context of debit and credit card handling services:






a.


Does the exemption apply to such services which result in a transfer of funds but which do not include the task of making a debit to one account and a corresponding credit to another account?










b.


Does entitlement to the exemption depend on whether the service provider itself obtains authorisation codes directly from the cardholder's bank, or alternatively obtains those codes via its merchant acquirer bank?










(1)  OJ L 347, p. 1.
Case C-603/14 P: Appeal brought on 29 December 2014 by El Corte Inglés, S.A. against the judgment of the General Court (Third Chamber) delivered on 15 October 2014 in Case T-515/12 El Corte Inglés v OHIM — English Cut (The English Cut)
Date: 2014-12-29
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, supermarket, trade-mark law








C_2015107EN.01001702.xml










30.3.2015   


EN


Official Journal of the European Union


C 107/17






Appeal brought on 29 December 2014 by El Corte Inglés, S.A. against the judgment of the General Court (Third Chamber) delivered on 15 October 2014 in Case T-515/12 El Corte Inglés v OHIM — English Cut (The English Cut)
(Case C-603/14 P)
(2015/C 107/24)
Language of the case: Spanish

Parties


Appellant: El Corte Inglés, S.A. (represented by: J.L. Rivas Zurdo, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court of 15 October 2014 in Case T-515/12 in its entirety;










—


order the party or parties opposing this appeal to pay the costs.





Pleas in law and main arguments







1.



The first ground of appeal is based on distortion of the facts, in that the General Court, in its judgment of 15 October 2014, categorised the conceptual similarity between the signs as low, whereas the Board of Appeal of OHIM took the view that there is conceptual similarity.










2.



The second ground of appeal is based on infringement of Community law, in that Article 8(1)(b) of Regulation (EC) No 207/2009 of 26 February 2009 (1) was applied incorrectly.










3.



The third ground of appeal is based on infringement of Community law, in that Article 8(5) of Regulation (EC) No 207/2009 of 26 February 2009 was applied incorrectly.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).