do-me/EUR-LEX huggingface dataset:
Case C-445/13 P: Judgment of the Court (Sixth Chamber) of 7 May 2015 — Voss of Norway ASA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a cylindrical bottle)
Date: 2015-05-07
Institutions: Court of Justice
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2015236EN.01000601.xml










20.7.2015   


EN


Official Journal of the European Union


C 236/6





Judgment of the Court (Sixth Chamber) of 7 May 2015 — Voss of Norway ASA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-445/13 P) (1)

((Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 7(1)(b) - Absolute ground for refusal - No distinctive character - Three-dimensional sign consisting of the shape of a cylindrical bottle))
(2015/C 236/07)
Language of the case: English

Parties


Appellant: Voss of Norway ASA (represented by: F. Jacobacci and B. La Tella, avvocati)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent), Nordic Spirit AB (publ)

Intervener in support of the appellant: International Trademark Association (represented by T. De Haan, avocat, F. Folmer and S. Klos, advocaten, and S. Helmer, Solicitor)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Voss of Norway ASA to pay the costs;










3.


Orders the International Trademark Association to bear its own costs.






(1)  OJ C 344, 23.11.2013.
Notice in accordance with Article 2 of Decision 2005/15/EC — Request for applicability of Article 30(1) of Directive 2004/17/EC — Logistics services in the postal sector (Norway)
Date: 2015-05-07
Institutions: EFTA Surveillance Authority
Subjects: Norway, application of EU law, competition law, logistics, postal service








C_2015150EN.01000401.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/4





Notice in accordance with Article 2 of Decision 2005/15/EC (1)

Request for applicability of Article 30(1) of Directive 2004/17/EC
Logistics services in the postal sector (Norway)
(2015/C 150/04)
On 23 March 2015, the EFTA Surveillance Authority received a request pursuant to Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (2). The first working day following receipt of the request is 24 March 2015.
This request, filed by Posten Norge AS, concerns the provision of various logistic services in the postal sector. The abovementioned Article 30 provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition on markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The EFTA Surveillance Authority is allowed a period of 3 months to take a decision on this request, commencing on 24 March. The period therefore expires on 24 June 2015.
The aforementioned period may, however, be extended by a maximum of 3 months in duly justified cases, in particular if the information provided in the request or in the documents annexed thereto is incomplete or inexact or if the facts as reported undergo any substantive changes. Any such extension shall be published. According to the second subparagraph of Article 30(6), further requests concerning the provision of logistic services in the postal sector before the expiry of the period opened in respect of this request are not considered as new procedures and are to be treated in the context of this request.


(1)  Commission Decision 2005/15/EC of 7 January 2005 on the detailed rules for the application of the procedure provided for in Article 30 of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 7, 11.1.2005, p. 7).

(2)  OJ L 134, 30.4.2004, p. 1.
Case T-599/13: Judgment of the General Court of 7 May 2015 — Cosmowell v OHIM — Haw Par (GELENKGOLD) (Community trade mark — Opposition proceedings — Application for Community figurative mark GELENKGOLD — Earlier Community figurative mark representing a tiger — Relative ground for refusal — Likelihood of confusion — Alteration of the distinctive character of the earlier mark — Phonetic similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-05-07
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2015205EN.01003001.xml










22.6.2015   


EN


Official Journal of the European Union


C 205/30





Judgment of the General Court of 7 May 2015 — Cosmowell v OHIM — Haw Par (GELENKGOLD)
(Case T-599/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark GELENKGOLD - Earlier Community figurative mark representing a tiger - Relative ground for refusal - Likelihood of confusion - Alteration of the distinctive character of the earlier mark - Phonetic similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 205/39)
Language of the case: German

Parties


Applicant: Cosmowell GmbH (Sankt Johann in Tirol, Austria) (represented by: J. Sachs, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Haw Par Corp. Ltd (Singapore, Singapore) (represented by: C. Schultze, J. Ossing, R.-D. Härer, C. Weber, H. Ranzinger, C. Brockmann and C. Gehweiler, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 September 2013 (Case R 2013/2012-4), relating to opposition proceedings between Haw Par Corp. Ltd and Cosmowell GmbH.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2013 (Case R 2013/2012-4);










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs and to pay half of the costs incurred by Cosmowell GmbH during both the proceedings before the Court and the Board of Appeal;










4.


Orders Haw Par Corp. Ltd to bear its own costs and to pay half of the costs incurred by Cosmowell during both the proceedings before the Court and the Board of Appeal.






(1)  OJ C 39, 8.2.2014.
Euro exchange rates
Date: 2015-05-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2015150EN.01000201.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/2





Euro exchange rates (1)

6 May 2015
(2015/C 150/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1230




JPY


Japanese yen


134,59




DKK


Danish krone


7,4648




GBP


Pound sterling


0,73760




SEK


Swedish krona


9,3066




CHF


Swiss franc


1,0374




ISK


Iceland króna


 




NOK


Norwegian krone


8,4130




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,415




HUF


Hungarian forint


304,55




PLN


Polish zloty


4,0483




RON


Romanian leu


4,4432




TRY


Turkish lira


3,0405




AUD


Australian dollar


1,4030




CAD


Canadian dollar


1,3487




HKD


Hong Kong dollar


8,7053




NZD


New Zealand dollar


1,4990




SGD


Singapore dollar


1,4899




KRW


South Korean won


1 215,84




ZAR


South African rand


13,5142




CNY


Chinese yuan renminbi


6,9630




HRK


Croatian kuna


7,5810




IDR


Indonesian rupiah


14 662,18




MYR


Malaysian ringgit


4,0089




PHP


Philippine peso


50,061




RUB


Russian rouble


56,0901




THB


Thai baht


37,373




BRL


Brazilian real


3,4394




MXN


Mexican peso


17,2044




INR


Indian rupee


71,3554






(1)  Source: reference exchange rate published by the ECB.
Case T-391/12: Order of the General Court of 7 May 2015 — Lidl Stiftung v OHIM — Adveo Group International (UNITED OFFICE) (Community trade mark — Invalidity proceedings — Withdrawal of the application for a declaration of invalidity — No need to adjudicate)
Date: 2015-05-07
Institutions: General Court
Subjects: EU trade mark, office supplies, registered trade mark, trade-mark law








C_2015228EN.01001102.xml










13.7.2015   


EN


Official Journal of the European Union


C 228/11





Order of the General Court of 7 May 2015 — Lidl Stiftung v OHIM — Adveo Group International (UNITED OFFICE)
(Case T-391/12) (1)

((Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))
(2015/C 228/13)
Language of the case: English

Parties


Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and S. Paul, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Adveo Group International, SA, formerly Unipapel Industria, Comercio y Servicios, SL (Tres Cantos, Spain) (represented by: A. Tarí Lázaro, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 June 2012 (Case R 745/2011-1), concerning invalidity proceedings between Lidl Stiftung & Co. KG and Adveo Group International, SA.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant shall bear its own costs and those incurred by the defendant. The intervener shall bear its own costs.






(1)  OJ C 355, 17.11.2012.
Non-opposition to a notified concentration (Case M.7552 — Mitsui Chemicals/SK Holdings/JV) (Text with EEA relevance)
Date: 2015-05-07
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control, multinational enterprise, telecommunications industry








C_2015150EN.01000101.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/1





Non-opposition to a notified concentration
(Case M.7552 — Mitsui Chemicals/SK Holdings/JV)
(Text with EEA relevance)
(2015/C 150/01)
On 30 April 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 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 32015M7552. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-496/14: Order of the Court (Ninth Chamber) of 7 May 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Statul român v Tamara Văraru, Consiliul Naţional pentru Combaterea Discriminării (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Principles of equal treatment and of non-discrimination in the field of social security — Calculation of the amount of dependent child allowance — No implementation of EU law — Manifest lack of jurisdiction of the Court)
Date: 2015-05-07
Institutions: Court of Justice
Subjects: dependant, equal treatment, maternity benefit, social-security contribution, social-security harmonisation








C_2015320EN.01001101.xml










28.9.2015   


EN


Official Journal of the European Union


C 320/11





Order of the Court (Ninth Chamber) of 7 May 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Statul român v Tamara Văraru, Consiliul Naţional pentru Combaterea Discriminării
(Case C-496/14) (1)

((Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Principles of equal treatment and of non-discrimination in the field of social security - Calculation of the amount of dependent child allowance - No implementation of EU law - Manifest lack of jurisdiction of the Court))
(2015/C 320/15)
Language of the case: Romanian

Referring court

Tribunalul Sibiu

Parties to the main proceedings


Applicant: Statul român

Defendants: Tamara Văraru, Consiliul Naţional pentru Combaterea Discriminării

Operative part of the order

The Court of Justice of the European Union manifestly lacks jurisdiction to answer the question asked by the Tribunalul Sibiu (Romania) by decision of 9 October 2014.


(1)  OJ C 46, 9.2.2015.
Information notice from the EFTA Surveillance Authority based on Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Establishment of public service obligations in respect of scheduled air services
Date: 2015-05-07
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, inland transport, public service, transport regulations








C_2015150EN.01000601.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/6





Information notice from the EFTA Surveillance Authority based on Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Establishment of public service obligations in respect of scheduled air services
(2015/C 150/06)






Member State


Norway




Concerned routes


Røros–Oslo v.v.
Sogndal–Oslo v.v.
Førde–Oslo v.v.
Sandane–Oslo v.v.
Sogndal–Bergen v.v.
Førde–Bergen v.v.
Sandane–Bergen v.v.
Ørsta-Volda–Bergen v.v.




Date of entry into force of the public service obligations


1 April 2016




Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained







Ministry of Transport and Communications




PO Box 8010 Dep




N-0030 Oslo




NORWAY




Tel. +47 22248353




postmottak@sd.dep.no




https://www.regjeringen.no/id2403287/
Information notice from the EFTA Surveillance Authority based on Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Repeal of public service obligations in respect of scheduled air services
Date: 2015-05-07
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, inland transport, invitation to tender, public service, transport regulations








C_2015150EN.01000501.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/5





Information notice from the EFTA Surveillance Authority based on Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Repeal of public service obligations in respect of scheduled air services
(2015/C 150/05)






Member State


Norway




Route concerned


Røros–Oslo v.v.
Sogndal–Oslo v.v.
Førde–Oslo v.v.
Sandane–Oslo v.v.
Sogndal–Bergen v.v.
Førde–Bergen v.v.
Sandane–Bergen v.v.
Ørsta-Volda–Bergen v.v.
Fagernes–Oslo v.v.
Florø–Oslo v.v.
Florø–Bergen v.v.
Ørsta-Volda–Oslo v.v.




Original date of entry into force of the public service obligations


1 April 2012




Date of repeal


1 April 2016




Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained


The public service obligations announced on 25 August 2011 in the Official Journal of the European Union C 247 and EEA Supplement No 47 are hereby repealed on the routes concerned.





Ministry of Transport and Communications




PO Box 8010 Dep




N-0030 Oslo




NORWAY




Tel. +47 22248353




postmottak@sd.dep.no
New national side of euro coins intended for circulation
Date: 2015-05-07
Institutions: European Commission
Subjects: Malta, commemoration, euro, issuing of currency




C_2015150EN.01000301.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/3





New national side of euro coins intended for circulation
(2015/C 150/03)



Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Malta


Subject of commemoration
: Republic of Malta 1974


Description of the design
: The coin is the last in a series of five commemorating Maltese constitutional milestones. Malta was declared a republic on 13 December 1974 following constitutional changes which were agreed upon by a great majority in Malta’s Parliament. The design reproduces a marble tablet affixed to the façade of the Presidential Palace in Valletta to mark Malta’s change from a monarchy to a republic. At the top right, in semi-circle, the inscription ‘MALTA — Republic 1974’. At the bottom, the year ‘2015’.
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 


Date of issue
: September 2015


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Commission Implementing Decision (EU) 2015/749 of 7 May 2015 repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid (notified under document C(2015) 3023)
Date: 2015-05-07
Institutions: European Commission
Subjects: import licence, import restriction, parasitology, plant disease, plant health control, potato








L_2015119EN.01002501.xml










12.5.2015   


EN


Official Journal of the European Union


L 119/25








            COMMISSION IMPLEMENTING DECISION (EU) 2015/749
of 7 May 2015
         
repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid


(notified under document C(2015) 3023)




THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the fourth sentence of Article 16(3) thereof,

Whereas:







(1)


Notwithstanding the measures set out by Commission Decision 2007/410/EC (2), Potato spindle tuber viroid is now spread within the Union on the plants covered by that Decision, hereinafter the ‘specified plants’, as appears from the official surveys carried out by the Member States pursuant to that same Decision.












(2)


However, since the application of Decision 2007/410/EC, no symptoms of the presence of Potato spindle tuber viroid have been observed on the specified plants and, according to an opinion of the European Food Safety Authority (3), the impact of pospiviroids on those plants is expected to be minimal. Furthermore, the presence of that organism on the specified plants has not led to its spread within the Union to plants other than the specified plants.












(3)


Therefore it is concluded that the measures set out by Decision 2007/410/EC are not adequate to prevent the spread of Potato spindle tuber viroid within the Union on the specified plants and that there is no phytosanitary risk justifying such measures.












(4)


Decision 2007/410/EC should therefore be repealed.












(5)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2007/410/EC is repealed.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 7 May 2015.


For the Commission

Vytenis ANDRIUKAITIS
            

Member of the Commission






(1)  
            OJ L 169, 10.7.2000, p. 1.

(2)  Commission Decision 2007/410/EC of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid (OJ L 155, 15.6.2007, p. 71).

(3)  EFSA Scientific Opinion on the assessment of the risk of solanaceous pospiviroids for the EU territory and the identification and evaluation of risk management options 1 EFSA Journal 2011;9(8):2330.
Case C-608/14: Order of the Court (Ninth Chamber) of 7 May 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Elena Delia Pondiche v Statul român, Consiliul Naţional pentru Combaterea Discriminării (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Grant of dependent child allowances — Determining the applicable law according to the date of birth of the child and not according to the date of conception — No implementation of EU law — Clear lack of jurisdiction of the Court)
Date: 2015-05-07
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, child protection, children's rights, dependant, equal treatment, family benefit, jurisdiction, social-security harmonisation








C_2015320EN.01001401.xml










28.9.2015   


EN


Official Journal of the European Union


C 320/14





Order of the Court (Ninth Chamber) of 7 May 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Elena Delia Pondiche v Statul român, Consiliul Naţional pentru Combaterea Discriminării
(Case C-608/14) (1)

((Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Grant of dependent child allowances - Determining the applicable law according to the date of birth of the child and not according to the date of conception - No implementation of EU law - Clear lack of jurisdiction of the Court))
(2015/C 320/19)
Language of the case: Romanian

Referring court

Tribunalul Sibiu

Parties to the main proceedings


Applicant: Elena Delia Pondiche

Defendant: Statul român, Consiliul Naţional pentru Combaterea Discriminării

Operative part of the order

The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Tribunalul Sibiu (Romania), by decision of 20 November 2014.


(1)  OJ C 89, 16.3.2015.