do-me/EUR-LEX huggingface dataset:
Case T-655/13: Judgment of the General Court of 28 January 2015  — Enercon v OHIM (Shades of the colour green) (Community trade mark — Application for Community trade mark consisting of a gradient of five shades of the colour green — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Reclassification of the mark applied for — Article 43(2) of Regulation No 207/2009)
Date: 2015-01-28
Institutions: General Court
Subjects: EU trade mark, energy industry, registered trade mark, trade-mark law, wind energy








C_2015089EN.01002102.xml










16.3.2015   


EN


Official Journal of the European Union


C 89/21





Judgment of the General Court of 28 January 2015 — Enercon v OHIM (Shades of the colour green)
(Case T-655/13) (1)

((Community trade mark - Application for Community trade mark consisting of a gradient of five shades of the colour green - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Reclassification of the mark applied for - Article 43(2) of Regulation No 207/2009))
(2015/C 089/24)
Language of the case: German

Parties


Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and S. Overhage, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 September 2013 (Case R 247/2013-1), concerning an application for registration of a gradient of five shades of the colour green as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Enercon GmbH to pay the costs.






(1)  OJ C 39, 8.2.2014.
Case T-43/15: Action brought on 28 January 2015  — CRM v Commission
Date: 2015-01-28
Institutions: General Court
Subjects: bread, designation of origin, product designation, right to justice








C_2015089EN.01004301.xml










16.3.2015   


EN


Official Journal of the European Union


C 89/43





Action brought on 28 January 2015 — CRM v Commission
(Case T-43/15)
(2015/C 089/52)
Language of the case: Italian

Parties


Applicant: CRM Srl (Modena, Italy) (represented by: G. Forte, C. Marinuzzi and A. Franchi, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Regulation (EU) No 1174/2014 of 24 October 2014 entering a name in the register of protected designations of origin and protected geographical indications (Piadina Romagnola/Piada Romagnola (PGI)), published in the Official Journal of the European Union of 4 November 2014 (Volume L 316);










—


order the Commission to pay the costs.





Pleas in law and main arguments

The present action is brought against the registration of the protected geographical indication ‘Piadina Romagnola/Piada Romagnola’ with regard to the fact that the reputation enjoyed by handcrafted Piadina has been extended to cover Piadina produced on an industrial scale.
In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging infringement and incorrect application of Article 7(1)(f)(ii) and Article 8(1)(c)(ii) of 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 (OJ 2012 L 343, p. 1).






—


The applicant claims, in that regard, that there is no evidence in the case which justifies the link to the geographical origin, and










—


that the reputation enjoyed by handcrafted Piadina has been extended to cover Piadina produced on an industrial scale.














2.


Second plea in law, alleging a manifest error of assessment and a failure to conduct a proper preliminary investigation.






—


In that regard, the applicant argues that there has been a manifest error of assessment of the application for registration with regard to compliance with the requirements for publishing the application for registration of a geographical indication in relation to Piadina Romagnola, and










—


that there has been a failure to conduct a proper preliminary investigation, owing to a failure to assess the annulment, by the judicial authorities of a Member State, of the national rules on which the contested regulation is based.










—


The applicant also alleges infringement of the principle of sound administration.














3.


Third plea in law, alleging infringement of Articles 6 and 13 of the European Convention on Human Rights and of Article 47 of the Charter of Fundamental Rights of the European Union, on the ground of breach of the right to effective judicial protection.
Case C-36/15 P: Appeal brought on 28 January 2015 by Office for Harmonisation in the Internal Market (Trade Marks and Designs) against the judgment of the General Court (Third Chamber) delivered on 25 November 2014 in Case T-556/12: Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Royalton Overseas Ltd
Date: 2015-01-28
Institutions: Court of Justice
Subjects: EU trade mark, household article, registered trade mark, trade-mark law








C_2015311EN.01001402.xml










21.9.2015   


EN


Official Journal of the European Union


C 311/14





Appeal brought on 28 January 2015 by Office for Harmonisation in the Internal Market (Trade Marks and Designs) against the judgment of the General Court (Third Chamber) delivered on 25 November 2014 in Case T-556/12: Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Royalton Overseas Ltd
(Case C-36/15 P)
(2015/C 311/18)
Language of the case: English

Parties


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

Other parties to the proceedings: Royalton Overseas Ltd, S.C. Romarose Invest Srl
The case was removed from the Register of the Court of Justice by order of the Court of 29 April 2015.
Judgment of the Court of 28 January 2015 in Case E-12/14 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2009/125/EC on ecodesign requirements for energy-related products — Failure to implement)
Date: 2015-01-28
Institutions: EFTA Court
Subjects: EU law - national law, Iceland, energy consumption, energy efficiency, energy saving, environmental impact, infringement of EU law, national implementing measure, technical regulations








C_2015201EN.01000601.xml










18.6.2015   


EN


Official Journal of the European Union


C 201/6





JUDGMENT OF THE COURT
of 28 January 2015
in Case E-12/14
EFTA Surveillance Authority v Iceland
(Failure by a Contracting Party to fulfil its obligations — Directive 2009/125/EC on ecodesign requirements for energy-related products — Failure to implement)
(2015/C 201/06)
In Case E-12/14, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by failing, within the time prescribed, to adopt and/or to notify the EFTA Surveillance Authority forthwith of all measures necessary to implement the Act referred to at point 6 of Chapter IV of Annex II to the Agreement on the European Economic Area (Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products), as adapted to the Agreement by way of Protocol 1 and by EEA Joint Committee Decision No 67/2011 of 1 July 2011, Iceland has failed to fulfil its obligations under the Act and Article 7 EEA, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 28 January 2015, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under the Act referred to at point 6 of Chapter IV of Annex II to the Agreement on the European Economic Area (Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products), as adapted to the Agreement by way of Protocol 1 and by EEA Joint Committee Decision No 67/2011 of 1 July 2011, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed.










2.


Orders Iceland to bear the costs of the proceedings.
Case T-41/14: Judgment of the General Court of 28 January 2015  — Argo Development and Manufacturing v OHIM — Clapbanner (Representation of advertising articles) (Community design — Invalidity proceedings — Registered Community design representing an advertising article — Earlier Community designs — Grounds for invalidity — Novelty — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Articles 4, 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
Date: 2015-01-28
Institutions: General Court
Subjects: EU trade mark, advertising, registered trade mark, trade-mark law








C_2015089EN.01002301.xml










16.3.2015   


EN


Official Journal of the European Union


C 89/23





Judgment of the General Court of 28 January 2015 — Argo Development and Manufacturing v OHIM — Clapbanner (Representation of advertising articles)
(Case T-41/14) (1)

((Community design - Invalidity proceedings - Registered Community design representing an advertising article - Earlier Community designs - Grounds for invalidity - Novelty - Individual character - Informed user - Degree of freedom of the designer - Different overall impression - Articles 4, 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002))
(2015/C 089/26)
Language of the case: English

Parties


Applicant: Argo Development and Manufacturing Ltd (Ra’anana, Israel) (represented by: B. Brisset, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, and subsequently by S. Hanne, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Clapbanner Ltd (London, United Kingdom)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 22 October 2013 (Case R 981/2012-3) in relation to invalidity proceedings between Argo Development and Manufacturing Ltd and Clapbanner Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Argo Development and Manufacturing Ltd to pay the costs.






(1)  OJ C 129, 28.4.2014.
Information communicated by Member States regarding closure of fisheries
Date: 2015-01-28
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2015028EN.01000902.xml










28.1.2015   


EN


Official Journal of the European Union


C 28/9





Information communicated by Member States regarding closure of fisheries
(2015/C 28/09)
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


20.12.2014




Duration


20.12.2014-31.12.2014




Member State


Germany




Stock or Group of stocks


SPR/2AC4-C




Species


Sprat and associated by-catches (sprattus sprattus)




Zone


Union waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


85/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-345/12: Judgment of the General Court of 28 January 2015  — Akzo Nobel and Others v Commission (Competition — Administrative proceedings — European market for hydrogen peroxide and perborate — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Obligation to state reasons — Confidentiality — Professional secrecy — Legitimate expectations)
Date: 2015-01-28
Institutions: General Court
Subjects: administrative check, administrative procedure, chemical salt, competition, confidentiality, oxide, professional secret








C_2015089EN.01001702.xml










16.3.2015   


EN


Official Journal of the European Union


C 89/17





Judgment of the General Court of 28 January 2015 — Akzo Nobel and Others v Commission
(Case T-345/12) (1)

((Competition - Administrative proceedings - European market for hydrogen peroxide and perborate - Publication of a decision finding an infringement of Article 81 EC - Rejection of a request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice - Obligation to state reasons - Confidentiality - Professional secrecy - Legitimate expectations))
(2015/C 089/18)
Language of the case: English

Parties


Applicants: Akzo Nobel NV (Amsterdam, Netherlands); Akzo Chemicals Holding AB, established in (Bohus, Sweden); Eka Chemicals AB (Farjevagen, Sweden) (represented by: C. Swaak and R. Wesseling, Agents)

Defendant: European Commission (represented by: C. Giolito, M. Kellerbauer and G. Meessen, Agents)

Intervener in support of the defendant: CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide) (Brussels, Belgium) (represented by: T. Funke, lawyer)

Re:

Application for the annulment of Commission Decision C(2012) 3533 final of 24 May 2012 rejecting a request for confidential treatment submitted by Akzo Nobel, Akzo Nobel Chemicals Holding and Eka Chemicals pursuant to Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case COMP/38.620 — Hydrogen Peroxide and perborate).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Akzo Nobel NV, Akzo Chemicals Holding AB and Eka Chemicals AB to pay the costs, including those relating to the proceedings for interim measures.






(1)  OJ C 295, 29.9.2012.
Prior notification of a concentration (Case M.7420 — ZF/TRW)  Text with EEA relevance
Date: 2015-01-28
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2015028EN.01001001.xml










28.1.2015   


EN


Official Journal of the European Union


C 28/10





Prior notification of a concentration
(Case M.7420 — ZF/TRW)
(Text with EEA relevance)
(2015/C 28/10)






1.


On 22 January 2015, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which ZF Friedrichshafen AG (‘ZF’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over TRW Automotive Holdings Corp. (‘TRW’, USA), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for ZF: worldwide supplier of products for automotive and industrial applications. ZF’s automotive business concentrates on powertrain and chassis technology,
—   for TRW: worldwide manufacturer of automotive components focused on active and passive safety technologies.










3.


On preliminary examination, the European 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 European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7420 — ZF/TRW, 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’).
Non-opposition to a notified concentration (Case M.7474 — QIA/BPP/Songbird)  Text with EEA relevance
Date: 2015-01-28
Institutions: European Commission
Subjects: Canada, London, Qatar, economic concentration, investment company, merger control, property market








C_2015028EN.01000302.xml










28.1.2015   


EN


Official Journal of the European Union


C 28/3





Non-opposition to a notified concentration
(Case M.7474 — QIA/BPP/Songbird)
(Text with EEA relevance)
(2015/C 28/03)
On 21 January 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7474. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2015-01-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2015028EN.01000401.xml










28.1.2015   


EN


Official Journal of the European Union


C 28/4





Euro exchange rates (1)

27 January 2015
(2015/C 28/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1306




JPY


Japanese yen


133,08




DKK


Danish krone


7,4483




GBP


Pound sterling


0,74725




SEK


Swedish krona


9,3089




CHF


Swiss franc


1,0170




ISK


Iceland króna


 




NOK


Norwegian krone


8,8130




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,872




HUF


Hungarian forint


312,17




PLN


Polish zloty


4,2300




RON


Romanian leu


4,4693




TRY


Turkish lira


2,6768




AUD


Australian dollar


1,4233




CAD


Canadian dollar


1,4085




HKD


Hong Kong dollar


8,7652




NZD


New Zealand dollar


1,5199




SGD


Singapore dollar


1,5167




KRW


South Korean won


1 219,73




ZAR


South African rand


13,1080




CNY


Chinese yuan renminbi


7,0603




HRK


Croatian kuna


7,6900




IDR


Indonesian rupiah


14 114,02




MYR


Malaysian ringgit


4,0741




PHP


Philippine peso


49,839




RUB


Russian rouble


76,6695




THB


Thai baht


36,808




BRL


Brazilian real


2,9284




MXN


Mexican peso


16,5181




INR


Indian rupee


69,4010






(1)  Source: reference exchange rate published by the ECB.
Case T-531/13: Order of the General Court of 28 January 2015 — Kicks Kosmetikkedjan v OHIM — Kik Textilien (KICKS) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2015-01-28
Institutions: General Court
Subjects: EU trade mark, cosmetics industry, registered trade mark, trade-mark law








C_2015107EN.01002701.xml










30.3.2015   


EN


Official Journal of the European Union


C 107/27






Order of the General Court of 28 January 2015 — Kicks Kosmetikkedjan v OHIM — Kik Textilien (KICKS)

(Case T-531/13) (1)

((Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate))
(2015/C 107/36)
Language of the case: English

Parties


Applicant: Kicks Kosmetikkedjan AB (Stockholm, Sweden) (represented by: K. Strömholm, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Kik Textilien und Non-Food GmbH (Bönen, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2013 (Case R 992/2012-4) concerning opposition proceedings between Kik Textilien und Non-Food GmbH et Kicks Kosmetikkedjan AB.

Operative part of the order







1.


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










2.


The applicant and the other party to the proceedings before the Board of Appeal shall bear their own costs and shall each pay half of the costs incurred by the defendant.






(1)  OJ C 359, 7.12.2013.
Information communicated by Member States regarding closure of fisheries
Date: 2015-01-28
Institutions: European Commission
Subjects: Azores, EU waters, Faroes, Germany, Greenland, catch by species, catch quota, fishing area, international waters, sea fish, sea fishing, ship's flag








C_2015028EN.01000801.xml










28.1.2015   


EN


Official Journal of the European Union


C 28/8





Information communicated by Member States regarding closure of fisheries
(2015/C 28/06)
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


20.12.2014




Duration


20.12.2014-31.12.2014




Member State


Germany




Stock or Group of stocks


RED/51214D




Species


Redfish (Sebastes spp.)




Zone


Union and international waters of V; international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


86/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2015-01-28
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2015028EN.01000901.xml










28.1.2015   


EN


Official Journal of the European Union


C 28/9





Information communicated by Member States regarding closure of fisheries
(2015/C 28/08)
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


20.12.2014




Duration


20.12.2014-31.12.2014




Member State


Germany




Stock or Group of stocks


SPR/03A.




Species


Sprat and associated by-catches (sprattus sprattus)




Zone


IIIa




Type(s) of fishing vessels


—




Reference number


84/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.