do-me/EUR-LEX huggingface dataset:
Case T-193/15: Action brought on 21 April 2015 — Bodegas Williams & Humbert v OHIM — Central Hisumer (Botanic Williams & Humbert)
Date: 2015-04-21
Institutions: General Court
Subjects: EU trade mark, Spain, registered trade mark, spirits, trade-mark law








C_2015198EN.01004301.xml










15.6.2015   


EN


Official Journal of the European Union


C 198/43





Action brought on 21 April 2015 — Bodegas Williams & Humbert v OHIM — Central Hisumer (Botanic Williams & Humbert)
(Case T-193/15)
(2015/C 198/59)
Language in which the application was lodged: Spanish

Parties


Applicant: Bodegas Williams & Humbert, SA (Cádiz, Spain) (represented by: A. Gómez López, lawyer)

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

Other party to the proceedings before the Board of Appeal: Central Hisumer, SL (Orihuela, Spain)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Community figurative mark in blue, grey, white and black containing the word elements ‘Botanic Williams & Humbert’ — Application for registration No 11 184 819

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 23 February 2015 in Case R 594/2014-4

Form of order sought

The applicant claims that the Court should:






—


declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark, the decision of 9 December 2010 of the Fourth Board of Appeal of OHIM, in Case R 594/2014-4, dismissing the administrative appeal brought against the decision of the Opposition Division of OHIM of 20 December 2013, made in opposition proceedings No B 2 128 026, and thereby refusing registration of Community Trademark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, composite mark in Class 33;










—


allow registration of the composite Community trade mark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, in Class 33, as the prohibition on registration provided for in Article 8(1)(b) and Article 8(5) of Regulation No 207/2009 does not apply;










—


order OHIM, and if appropriate, the intervener, to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Political and Security Committee Decision (CFSP) 2015/665 of 21 April 2015 on the acceptance of third States' contributions to the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/2/2015)
Date: 2015-04-21
Institutions: Political and Security Committee
Subjects: Central African Republic, Denmark, EU military mission, Georgia, Moldova, military cooperation, regional security




L_2015110EN.01001301.xml










29.4.2015   


EN


Official Journal of the European Union


L 110/13








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/665
of 21 April 2015
         
on the acceptance of third States' contributions to the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/2/2015)


THE POLITICAL AND SECURITY COMMITTEE

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision (CFSP) 2015/78 of 19 January 2015 on a European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (1), and in particular Article 8(2) thereof,

Whereas:







(1)


Pursuant to Article 8(2) of Decision (CFSP) 2015/78, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the acceptance of the proposed contributions by third States.












(2)


Following a recommendation on the contribution offers of the Republic of Moldova ('Moldova') and Georgia by the EU Mission Commander of EUMAM RCA and the advice from the European Union Military Committee, those offers should be accepted.












(3)


In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,





HAS ADOPTED THIS DECISION:



Article 1

1.   The contribution offers of Moldova and Georgia to the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) are accepted and are considered to be significant.


2.   Moldova and Georgia are exempted from financial contributions to the budget of EUMAM RCA.



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




Done at Brussels, 21 April 2015.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(1)  
            OJ L 13, 20.1.2015, p. 8.
Case F-87/12 RENV: Judgment of the Civil Service Tribunal (First Chamber) of 21 April 2015 — FK (*) v Commission (Civil Service — Referred back after setting aside of the judgment — Temporary member of staff — Renewal of contract — Six year rule)
Date: 2015-04-21
Institutions: Civil Service Tribunal
Subjects: European civil service, indemnification, temporary employment, work contract




C_2015190EN.01003201.xml










8.6.2015   


EN


Official Journal of the European Union


C 190/32






Judgment of the Civil Service Tribunal (First Chamber) of 21 April 2015 — FK (*1) v Commission
(Case F-87/12 RENV)
((Civil Service - Referred back after setting aside of the judgment - Temporary member of staff - Renewal of contract - Six year rule))
(2015/C 190/36)
Language of the case: French

Parties


Applicant: FK (*1) (represented by: S. Orlandi, lawyer)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Referred back after setting aside of the judgment — Civil service — Application for annulment of the Commission’s decision to limit the extension period of the applicant’s contract.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr FK (*1) to bear his own costs incurred in Cases F-87/12, T-373/13 P and F-87/12 RENV and to pay the costs incurred by the European Commission in Case F-87/12;










3.


Orders the European Commission to bear its own costs in Cases T-373/13 P and F-87/12 RENV.






(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.
Euro exchange rates
Date: 2015-04-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2015128EN.01000801.xml










21.4.2015   


EN


Official Journal of the European Union


C 128/8





Euro exchange rates (1)

20 April 2015
(2015/C 128/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0723




JPY


Japanese yen


127,68




DKK


Danish krone


7,4603




GBP


Pound sterling


0,71955




SEK


Swedish krona


9,3018




CHF


Swiss franc


1,0283




ISK


Iceland króna


 




NOK


Norwegian krone


8,4420




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,417




HUF


Hungarian forint


297,90




PLN


Polish zloty


3,9891




RON


Romanian leu


4,4250




TRY


Turkish lira


2,8995




AUD


Australian dollar


1,3823




CAD


Canadian dollar


1,3138




HKD


Hong Kong dollar


8,3134




NZD


New Zealand dollar


1,3970




SGD


Singapore dollar


1,4464




KRW


South Korean won


1 160,25




ZAR


South African rand


12,9749




CNY


Chinese yuan renminbi


6,6543




HRK


Croatian kuna


7,5650




IDR


Indonesian rupiah


13 840,50




MYR


Malaysian ringgit


3,8930




PHP


Philippine peso


47,451




RUB


Russian rouble


57,1770




THB


Thai baht


34,732




BRL


Brazilian real


3,2728




MXN


Mexican peso


16,4689




INR


Indian rupee


67,5260






(1)  Source: reference exchange rate published by the ECB.
Council Decision of 21 April 2015 adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2015 accompanying the Proposal for a Council regulation amending Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020
Date: 2015-04-21
Institutions: Council of the European Union
Subjects: amending budget, budgetary expenditure, budgetary resources, draft budget








C_2015131EN.01000201.xml










23.4.2015   


EN


Official Journal of the European Union


C 131/2





COUNCIL DECISION
of 21 April 2015
adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2015 accompanying the Proposal for a Council regulation amending Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020
(2015/C 131/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
Whereas:






—


the Union’s budget for the financial year 2015 was definitively adopted on 17 December 2014 (2),










—


on 20 January 2015, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2015 accompanying the Proposal for a Council regulation amending Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council’s position on draft amending budget No 2 of the European Union for the financial year 2015 accompanying the Proposal for a Council regulation amending Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 was adopted on 21 April 2015.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Luxembourg, 21 April 2015.


For the Council


The President

Edgars RINKĒVIČS




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 69, 13.3.2015, p. 1.
Corrigendum to Definitive adoption (EU, Euratom) 2015/339 of the European Union's general budget for the financial year 2015 (OJ L 69, 13.3.2015)
Date: 2015-04-21
Institutions: European Parliament
Subjects: adoption of the budget, financial year, general budget (EU)








L_2015102EN.01009602.xml










21.4.2015   


EN


Official Journal of the European Union


L 102/96







Corrigendum to Definitive adoption (EU, Euratom) 2015/339 of the European Union's general budget for the financial year 2015

(
Official Journal of the European Union L 69 of 13 March 2015
)


In Section III ‘Commission’, the following budget lines:
02 05 11, 04 03 11, 06 02 04, 07 02 05 01, 07 02 05 02, 07 02 06, 09 02 03, 09 02 04, 15 02 12, 18 02 04, 18 02 05, 18 02 06, 32 02 10, 33 02 06, 33 02 07 and 33 03 04
must be read as differentiated appropriations.
Case C-114/14: Judgment of the Court (Grand Chamber) of 21 April 2015 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Value added tax — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Articles 132(1)(a) and 135(1)(h) — Exemptions — Public postal services — Postage stamps — Directive 97/67/CE)
Date: 2015-04-21
Institutions: Court of Justice
Subjects: VAT, infringement of EU law, postal charges, postal service, tax exemption








C_2015205EN.01001101.xml










22.6.2015   


EN


Official Journal of the European Union


C 205/11





Judgment of the Court (Grand Chamber) of 21 April 2015 — European Commission v Kingdom of Sweden
(Case C-114/14) (1)

((Failure of a Member State to fulfil obligations - Value added tax - Sixth Directive 77/388/EEC - Directive 2006/112/EC - Articles 132(1)(a) and 135(1)(h) - Exemptions - Public postal services - Postage stamps - Directive 97/67/CE))
(2015/C 205/14)
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: J. Enegren and L. Lozano Palacios, acting as Agents)

Defendant: Kingdom of Sweden (represented by: U. Persson and A. Falk, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by failing to exempt from value added tax the supply by the public postal services of services other than passenger transport and telecommunications services, and the supply of goods incidental thereto, and the supply at face value of postage stamps valid for use for postal services within national territory, the Kingdom of Sweden has failed to fulfil its obligations under Articles 132(1)(a) and 135(1)(h) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;










2.


Orders the Kingdom of Sweden to pay the costs.






(1)  OJ C 135, 5.5.2014.
Prior notification of a concentration (Case M.7538 — Knorr-Bremse/Vossloh) (Text with EEA relevance)
Date: 2015-04-21
Institutions: European Commission
Subjects: economic concentration, merger control, rail transport, vehicle parts








C_2015128EN.01001001.xml










21.4.2015   


EN


Official Journal of the European Union


C 128/10





Prior notification of a concentration
(Case M.7538 — Knorr-Bremse/Vossloh)
(Text with EEA relevance)
(2015/C 128/08)






1.


On 13 April 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Knorr-Bremse Holding GmbH (Germany), holding company of Knorr-Bremse AG (Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Vossloh Aktiengesellschaft (‘Vossloh’, Germany), by way of public bid.










2.


The business activities of the undertakings concerned are:
—   For Knorr-Bremse: Knorr-Bremse is mainly a manufacturer of braking systems for rail and commercial vehicles. It also produces other subsystems for trains, such as door systems and heating, ventilating and air conditioning systems, as well as electronic control and driver assistance systems for commercial vehicles.
—   For Vossloh: Vossloh is a manufacturer of rail infrastructure and rail technology. It produces locomotives and local trains, fastening systems, switch systems and electrical systems. It also provides rail services.










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 M.7538 — Knorr-Bremse/Vossloh 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 C-177/15: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 21 April 2015 — Nelsons GmbH v Ayonnax Nutripharm GmbH, Bachblütentreff Ltd
Date: 2015-04-21
Institutions: Court of Justice
Subjects: alcoholic beverage, consumer information, foodstuff, pharmaceutical product, pharmacy, trade information








C_2015213EN.01001801.xml










29.6.2015   


EN


Official Journal of the European Union


C 213/18





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 21 April 2015 — Nelsons GmbH v Ayonnax Nutripharm GmbH, Bachblütentreff Ltd
(Case C-177/15)
(2015/C 213/28)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant on a point of law: Nelsons GmbH

Respondents in the appeal on a point of law: Ayonnax Nutripharm GmbH, Bachblütentreff Ltd

Questions referred







1.


Are liquids with an alcohol content of 27 % by volume, which are described as spirit drinks and are sold through pharmacies in 10 ml or 20 ml dropper bottles or as sprays, beverages containing more than 1,2 % by volume of alcohol within the meaning of Article 4(3) of Regulation (EC) No 1924/2006 (1), where, according to the dosage instructions given on the packaging,






(a)


four drops of the liquid are to be added to a glass of water and drunk at intervals over the course of the day or four drops are to be taken undiluted, as required,










(b)


two sprays of the liquid sold in spray form are to be applied to the tongue?














2.


If Questions 1(a) and 1(b) are to be answered in the negative:
Must evidence within the meaning of Article 5(1)(a) and Article 6(1) of Regulation (EC) No 1924/2006 be present also in the case of references to general, non-specific benefits within the meaning of Article 10(3) of that regulation?










3.


Does the provision set out in the first half of the sentence contained in Article 28(2) of Regulation (EC) No 1924/2006 apply in the case where, prior to 1 January 2005, the product concerned was marketed under its brand name not as a foodstuff but as a medicinal product?






(1)  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9), as amended by Commission Regulation (EC) No 1047/2012 of 8 November 2012 (OJ 2012 L 310, p. 36).
Action brought on 21 April 2015 by the EFTA Surveillance Authority against Iceland (Case E-10/15)
Date: 2015-04-21
Institutions: EFTA Court
Subjects: EFTA, Iceland, atmospheric pollutant, motor vehicle, national implementing measure, petrol, reduction of gas emissions, technical regulations








C_2015209EN.01000601.xml










25.6.2015   


EN


Official Journal of the European Union


C 209/6





Action brought on 21 April 2015 by the EFTA Surveillance Authority against Iceland
(Case E-10/15)
(2015/C 209/05)
An action against Iceland was brought before the EFTA Court on 21 April 2015 by the EFTA Surveillance Authority, represented by Auður Ýr Steinarsdóttir and Marlene Lie Hakkebo, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, B-1040 Brussels.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under the Act referred to at point 21au of Chapter III of Annex XX to the Agreement on the European Economic Area, (Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations), as adapted to the Agreement by way of Protocol 1 thereto, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed.










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The application addresses Iceland’s failure to comply, no later than 10 February 2015, with a reasoned opinion delivered by the EFTA Surveillance Authority on 10 December 2014 regarding that State’s failure to implement into its national legal order Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations, as referred to at point 21au of Chapter III of Annex XX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire apply
Date: 2015-04-21
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, economic sanctions, international sanctions, natural person








C_2015128EN.01000701.xml










21.4.2015   


EN


Official Journal of the European Union


C 128/7





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire apply
(2015/C 128/05)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EC) No 560/2005 (2).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EC) No 560/2005.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statements of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 95, 14.4.2005, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.