do-me/EUR-LEX huggingface dataset:
Case T-217/15: Action brought on 30 April 2015 — Fiesta Hotels & Resorts v OHIM — Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA)
Date: 2015-04-30
Institutions: General Court
Subjects: EU trade mark, hotel industry, registered trade mark, trade-mark law








C_2015205EN.01004002.xml










22.6.2015   


EN


Official Journal of the European Union


C 205/40





Action brought on 30 April 2015 — Fiesta Hotels & Resorts v OHIM — Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA)
(Case T-217/15)
(2015/C 205/54)
Language in which the application was lodged: Spanish

Parties


Applicant: Fiesta Hotels & Resorts, SL (Ibiza, Spain) (represented by: J. Devaureix, lawyer)

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

Other party to the proceedings before the Board of Appeal: Residencial Palladium, SL (Ibiza, Spain)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘PALLADIUM PALACE IBIZA RESORT & SPA’ — Community trade mark No 10 524 213

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of OHIM of 23 February 2015 in Case R 2391/2013-2

Form of order sought

The applicant claims that the Court should:






—


annul and declare ineffective the decision of the Second Board of Appeal of OHIM of 23 February 2015;










—


order the defendant to pay the costs.





Pleas in law







—


Infringement of Article 53(1)(c) of Regulation No 207/2009, read in conjunction with Article 8(4) of Regulation No 207/2009.










—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Decision of the EEA Joint Committee No 97/2015 of 30 April 2015 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/1280]
Date: 2015-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, child, manufactured goods, market approval, product safety, revision of an agreement, technical regulations




L_2016211EN.01003701.xml










4.8.2016   


EN


Official Journal of the European Union


L 211/37








            DECISION OF THE EEA JOINT COMMITTEE
         
No 97/2015
of 30 April 2015
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/1280]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2015/249 of 10 February 2015 extending the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 3k (Commission Decision 2006/502/EC) of Chapter XIX of Annex II to the EEA Agreement:






‘—



32015 D 0249: Commission Implementing Decision (EU) 2015/249 of 10 February 2015 (OJ L 41, 17.2.2015, p. 41).’






Article 2
The text of Implementing Decision (EU) 2015/249 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 April 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 41, 17.2.2015, p. 41.

(*1)  No constitutional requirements indicated.
Case C-97/14: Judgment of the Court (Eighth Chamber) of 30 April 2015 (request for a preliminary ruling from the Gyulai Közigazgatási és Munkaügyi Bíróság (Hungary)) — SMK kft v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Adó Főigazgatósága, Nemzeti Adó- és Vámhivatal (Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 52(c) and 55 — Determination of the place of supply of services — Recipient of the service identified for value added tax purposes in several Member States — Dispatch or transport out of the Member State in which the service has been physically carried out)
Date: 2015-04-30
Institutions: Court of Justice
Subjects: VAT, data recording, provision of services








C_2015213EN.01000901.xml










29.6.2015   


EN


Official Journal of the European Union


C 213/9





Judgment of the Court (Eighth Chamber) of 30 April 2015 (request for a preliminary ruling from the Gyulai Közigazgatási és Munkaügyi Bíróság (Hungary)) — SMK kft v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Adó Főigazgatósága, Nemzeti Adó- és Vámhivatal
(Case C-97/14) (1)

((Reference for a preliminary ruling - Common system of value added tax - Directive 2006/112/EC - Articles 52(c) and 55 - Determination of the place of supply of services - Recipient of the service identified for value added tax purposes in several Member States - Dispatch or transport out of the Member State in which the service has been physically carried out))
(2015/C 213/13)
Language of the case: Hungarian

Referring court

Gyulai Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: SMK kft

Defendants: Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Adó Főigazgatósága, Nemzeti Adó- és Vámhivatal

Operative part of the judgment

Article 55 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, in the version in force until 1 January 2010, must be interpreted as not applying in circumstances such as those at issue in the main proceedings in which the recipient of the supplies of services was identified for VAT purposes both in the Member State in which the services were physically carried out and in another Member State, and later only in the other Member State, and the tangible movable property to which those services related was dispatched or transported out of the Member State in which the services were physically carried out not following the supplies of services but following the later sale of the goods.


(1)  OJ C 142, 12.5.2014.
Decision of the EEA Joint Committee No 125/2015 of 30 April 2015 amending Annex XXI (Statistics) to the EEA Agreement [2016/1308]
Date: 2015-04-30
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, employment statistics, revision of an agreement, self-employed person, working population, youth employment




L_2016211EN.01008601.xml










4.8.2016   


EN


Official Journal of the European Union


L 211/86








            DECISION OF THE EEA JOINT COMMITTEE
         
No 125/2015
of 30 April 2015
         
amending Annex XXI (Statistics) to the EEA Agreement [2016/1308]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) No 1397/2014 of 22 October 2014 amending Regulation (EU) No 318/2013 adopting the programme of ad hoc modules, covering the years 2016-2018, for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 18at (Commission Regulation (EU) No 318/2013) of Annex XXI to the EEA Agreement:

                  ‘, as amended by:






—



32014 R 1397: Commission Delegated Regulation (EU) No 1397/2014 of 22 October 2014 (OJ L 370, 30.12.2014, p. 42).’
                     






Article 2
The text of Delegated Regulation (EU) No 1397/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 April 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 370, 30.12.2014, p. 42.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 90/2015 of 30 April 2015 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/1273]
Date: 2015-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, chemical product, dangerous substance, environmental protection, market approval, organic pollution, pollution control, public health, revision of an agreement




L_2016211EN.01002701.xml










4.8.2016   


EN


Official Journal of the European Union


L 211/27








            DECISION OF THE EEA JOINT COMMITTEE
         
No 90/2015
of 30 April 2015
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/1273]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 1342/2014 of 17 December 2014 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annexes IV and V (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 12w (Regulation (EC) No 850/2004 of European Parliament and of the Council) of Chapter XV of Annex II to the EEA Agreement:






‘—



32014 R 1342: Commission Regulation (EU) No 1342/2014 of 17 December 2014 (OJ L 363, 18.12.2014, p. 67).’






Article 2
The text of Regulation (EU) No 1342/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 April 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 363, 18.12.2014, p. 67.

(*1)  No constitutional requirements indicated.
Case T-135/13: Judgment of the General Court of 30 April 2015 — Hitachi Chemical Europe and Others v ECHA (REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality)
Date: 2015-04-30
Institutions: General Court
Subjects: dangerous substance, principle of proportionality, respiratory disease, right to justice








C_2015198EN.01003302.xml










15.6.2015   


EN


Official Journal of the European Union


C 198/33





Judgment of the General Court of 30 April 2015 — Hitachi Chemical Europe and Others v ECHA
(Case T-135/13) (1)

((REACH - Identification of certain respiratory sensitisers as substances of very high concern - Equivalent level of concern - Action for annulment - Whether directly concerned - Admissibility - Rights of the defence - Proportionality))
(2015/C 198/44)
Language of the case: English

Parties


Applicants: Hitachi Chemical Europe GmbH (Düsseldorf, Germany); Polynt SpA, (Scanzorosciate, Italy); Sitre Srl (Milan, Italy) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents)

Interveners in support of the applicants: REACh ChemAdvice GmbH (Kelkheim, Germany) (represented by: C. Mereu and K. Van Maldegem); and New Japan Chemical (Osaka, Japan) (represented by: C. Mereu and K. Van Maldegem)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: B. Koopman, M. Bulterman and C. Schillemans, acting as Agents); and European Commission (represented by: K. Mifsud-Bonnici and K. Talabér-Ritz, acting as Agents)

Re:

Application for annulment in part of Decision ED/169/2012 of the ECHA of 18 December 2012 concerning the inclusion of substances of very high concern in the list of candidate substances, in accordance with Article 59 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1), in so far as it concerns hexahydromethylphthalic anhydride (EC No 247-094-1), hexahydro-4-methylphthalic anhydride (EC No 243-072-0), hexahydro-1-methylphthalic anhydride (EC No 256-356-4) and hexahydro-3-methylphthalic anhydride (EC No 260-566-1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hitachi Chemical Europe GmbH, Polynt SpA and Sitre Srl to bear their own costs and to pay those incurred by the European Chemicals Agency (ECHA);










3.


Orders the Kingdom of the Netherlands, the European Commission, REACh ChemAdvice GmbH and New Japan Chemical to bear their own costs.






(1)  OJ C 129, 4.5.2013.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2015-04-30
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, organic acid








C_2015143EN.01000301.xml










30.4.2015   


EN


Official Journal of the European Union


C 143/3





Explanatory Notes to the Combined Nomenclature of the European Union
(2015/C 143/04)
Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 155, after the table belonging to point 3 of the Additional note 1 to Chapter 30, a new point 4 with the following text is inserted:








‘4.


Recommended daily allowance (RDA) for adults with a weight of 70 kg, on essential amino acids, according to the joint WHO/FAO/UNU expert Consultation 2007.






Essential Amino Acid


RDA (mg)




Histidine


700




Isoleucine


1 400




Leucine


2 730




Lysine


2 100




Methionine + Cysteine


1 050




Cysteine


287




Methionine


728




Phenylalanine + Tyrosine


1 750




Threonine


1 050




Tryptophan


280




Valine


1 820








Recommended daily allowance (RDA) for adults with a weight of 70 kg, on essential fatty acids, according to the joint WHO/FAO/UNU expert Consultation 2007.







Types of essential fatty acids


Name of essential fatty acid


RDA (g)




n-3 polyunsaturated fatty acids


linolenic acid (ALA)


2




long-chain n-3 polyunsaturated fatty acids


EPA plus DHA


0,25




n-6 polyunsaturated fatty acids


linoleic acid


10’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.
Case T-134/13: Judgment of the General Court of 30 April 2015 — Polynt and Sitre v ECHA (REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality)
Date: 2015-04-30
Institutions: General Court
Subjects: dangerous substance, principle of proportionality, respiratory disease, right to justice








C_2015198EN.01003301.xml










15.6.2015   


EN


Official Journal of the European Union


C 198/33





Judgment of the General Court of 30 April 2015 — Polynt and Sitre v ECHA
(Case T-134/13) (1)

((REACH - Identification of certain respiratory sensitisers as substances of very high concern - Equivalent level of concern - Action for annulment - Whether directly concerned - Admissibility - Rights of the defence - Proportionality))
(2015/C 198/43)
Language of the case: English

Parties


Applicants: Polynt SpA (Scanzorosciate, Italy); and Sitre Srl (Milan, Italy) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents)

Interveners in support of the applicants: New Japan Chemical (Osaka, Japan); and REACh ChemAdvice GmbH (Kelkheim, Germany) (represented by: C. Mereu and K. Van Maldegem)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: B. Koopman, M. Bulterman and C. Schillemans, acting as Agents); and European Commission (represented by: K. Mifsud-Bonnici and K. Talabér-Ritz, acting as Agents)

Re:

Application for annulment in part of Decision ED/169/2012 of the ECHA of 18 December 2012 concerning the inclusion of substances of very high concern in the list of candidate substances, in accordance with Article 59 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1), in so far as it concerns cyclohexane-1,2-dicarboxylic anhydride (EC No 201-604-9), cis-cyclohexane-1,2-dicarboxylic anhydride (EC No 236-086-3) and trans-cyclohexane-1,2-dicarboxylic anhydride (EC No 238-009-9).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Polynt SpA and Sitre Srl to bear their own costs and to pay those incurred by the European Chemicals Agency (ECHA);










3.


Orders the Kingdom of the Netherlands, the European Commission, New Japan Chemical and REACh ChemAdvice GmbH to bear their own costs.






(1)  OJ C 129, 4.5.2013.
Decision of the EEA Joint Committee No 74/2015 of 30 April 2015 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2016/1257]
Date: 2015-04-30
Institutions: EEA Joint Committee
Subjects: Cyprus, European Economic Area, brucellosis, goat, revision of an agreement, sheep, veterinary inspection




L_2016211EN.01000101.xml










4.8.2016   


EN


Official Journal of the European Union


L 211/1








            DECISION OF THE EEA JOINT COMMITTEE
         
No 74/2015
of 30 April 2015
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2016/1257]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2015/129 of 26 January 2015 amending Annex I to Decision 93/52/EEC as regards the recognition of Cyprus as officially free of brucellosis (B. melitensis) (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding live animals other than fish and aquaculture animals. Legislation concerning these matters shall not apply to Iceland, as specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the EEA Agreement. This Decision is therefore not to apply to Iceland.












(3)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(4)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 14 (Commission Decision 93/52/EEC) in Part 4.2 of Chapter I of Annex I to the EEA Agreement:






‘—



32015 D 0129: Commission Implementing Decision (EU) 2015/129 of 26 January 2015 (OJ L 21, 28.1.2015, p. 18).’






Article 2
The text of Implementing Decision (EU) 2015/129 in the Norwegian language, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 April 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 21, 28.1.2015, p. 18.

(*1)  No constitutional requirements indicated.
Case T-499/14: Order of the General Court of 30 April 2015 — ERTICO — ITS EUROPE v Commission (Recommendation 2003/361/EC — Criteria for defining micro, small and medium-sized enterprises in European Union policies — Decision of the Validation Panel of the Commission — Withdrawal of the decision — Action becoming devoid of purpose — No need to adjudicate)
Date: 2015-04-30
Institutions: General Court
Subjects: aid to undertakings, interpretation of the law, principle of legal certainty, reimbursement of aid, rights of the defence, small and medium-sized enterprises








C_2015221EN.01001802.xml










6.7.2015   


EN


Official Journal of the European Union


C 221/18





Order of the General Court of 30 April 2015 — ERTICO — ITS EUROPE v Commission
(Case T-499/14) (1)

((Recommendation 2003/361/EC - Criteria for defining micro, small and medium-sized enterprises in European Union policies - Decision of the Validation Panel of the Commission - Withdrawal of the decision - Action becoming devoid of purpose - No need to adjudicate))
(2015/C 221/25)
Language of the case: English

Parties


Applicant: European Road Transport Telematics Implementation Coordination Organisation — Intelligent Transport & Services Europe (ERTICO — ITS EUROPE) (Brussels, Belgium) (represented by: M. Wellinger and K. T’Syen, lawyers)

Defendant: European Commission (represented by: R. Lyal and M. Clausen, acting as Agents)

Re:

Application for annulment of the decision of the Validation Panel of the European Commission of 15 April 2014 declaring that the applicant cannot be qualified as a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ 2003 L 124, p. 36).

Operative part of the order







1)


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










2)


The European Commission shall bear its own costs and those incurred by European Road Transport Telematics Implementation Coordination Organisation - Intelligent Transport Systems & Services Europe (ERTICO — ITS EUROPE).






(1)  OJ C 380, 27.10.2014.