do-me/EUR-LEX huggingface dataset:
Case T-561/15: Action brought on 24 September 2015 — Universidad Internacional de la Rioja v OHIM — Universidad de la Rioja (UNIVERSIDAD INTERNACIONAL DE LA RIOJA UNiR)
Date: 2015-09-24
Institutions: General Court
Subjects: EU trade mark, cultural event, publication, publishing, registered trade mark, sporting event, trade-mark law, university








C_2015389EN.01006301.xml










23.11.2015   


EN


Official Journal of the European Union


C 389/63





Action brought on 24 September 2015 — Universidad Internacional de la Rioja v OHIM — Universidad de la Rioja (UNIVERSIDAD INTERNACIONAL DE LA RIOJA UNiR)
(Case T-561/15)
(2015/C 389/71)
Language in which the application was lodged: Spanish

Parties


Applicant: Universidad Internacional de la Rioja, SA (Logroño, Spain) (represented by: C. Lema Devesa and A. Porras Fernandez-Toledano, lawyers)

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

Other party to the proceedings before the Board of Appeal: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘UNIVERSIDAD INTERNACIONAL DE LA RIOJA UNiR’ — Application for registration No 11 738 093

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 22 June 2015 in Case R 1914/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision insofar as OHIM rejected Community trade mark application No 11 738 093 and, accordingly, allow the registration to proceed;










—


order OHIM to pay the costs.





Pleas in law

The applicant claims that:






—


the contested decision fails to correctly identify the average consumers of the actual goods or services;










—


the contested decision fails to carry out an adequate analysis of the likelihood of confusion.
Withdrawal of notification of a concentration (Case M.7419 — Teliasonera/Telenor/JV) (Text with EEA relevance)
Date: 2015-09-24
Institutions: European Commission
Subjects: economic concentration, merger control, telecommunications industry








C_2015316EN.01000101.xml










24.9.2015   


EN


Official Journal of the European Union


C 316/1





Withdrawal of notification of a concentration
(Case M.7419 — Teliasonera/Telenor/JV)
(Text with EEA relevance)
(2015/C 316/01)
(Council Regulation (EC) No 139/2004)
On 27 February 2015, the Commission received a notification of a proposed concentration between Teliasonera AB and Telenor ASA. On 11 September 2015, the notifying parties informed the Commission that they withdrew their notification.
Case T-630/14: Order of the General Court of 24 September 2015 — Primo Valore v Commission
Date: 2015-09-24
Institutions: General Court
Subjects: bovine spongiform encephalopathy, equal treatment, health legislation, health risk, principle of proportionality








C_2015381EN.01006005.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/60





Order of the General Court of 24 September 2015 — Primo Valore v Commission
(Case T-630/14) (1)

(2015/C 381/83)
Language of the case: Italian
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 361, 13.10.2014.
Case T-568/15: Action brought on 24 September 2015 — Morgese e.a. v OHIM — All Star
Date: 2015-09-24
Institutions: General Court
Subjects: EU trade mark, clothing, leather industry, optical industry, registered trade mark, trade-mark law








C_2015398EN.01006801.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/68





Action brought on 24 September 2015 — Morgese e.a. v OHIM — All Star
(Case T-568/15)
(2015/C 398/82)
Language in which the application was lodged: English

Parties


Applicants: Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta, Italy), Felice D’Onofrio (Barletta, Italy) (represented by: D. Russo, lawyer)

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

Other party to the proceedings before the Board of Appeal: All Star CV (Hilversum, Netherlands)

Details of the proceedings before OHIM


Applicant of the trade mark at issue: Applicants

Trade mark at issue: Community figurative mark containing the word element ‘2 STAR 2S’ — Application for registration No 1 0 1 61  065

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 1July 2015 in Case R 1906/2014-5

Form of order sought

The applicants claim that the Court should:






—


set aside the Board’s Decision and Order;










—


the applicants seek an award of costs of this application and the proceedings before the Fifth Board of Appeal together with any further or other relief and/or Order that the Court may consider is appropriate.





Plea in law







—


The contested decision reached an erroneous conclusion as to the nature of the marks and the elements thereof, which could impact to a significant degree the relevant consumers.
Case T-195/14: Judgment of the General Court of 24 September 2015 — Primagaz v OHIM — Reeh (PRIMA KLIMA) (Community trade mark — Opposition proceedings — Application for Community figurative mark PRIMA KLIMA — Earlier Community figurative mark PRIMAGAZ — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of goods and services — Similarity of the signs — Distinctive character of a laudatory word element — Conceptual comparison — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-09-24
Institutions: General Court
Subjects: EU trade mark, building services, registered trade mark, trade-mark law








C_2015389EN.01004501.xml










23.11.2015   


EN


Official Journal of the European Union


C 389/45





Judgment of the General Court of 24 September 2015 — Primagaz v OHIM — Reeh (PRIMA KLIMA)
(Case T-195/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark PRIMA KLIMA - Earlier Community figurative mark PRIMAGAZ - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of goods and services - Similarity of the signs - Distinctive character of a laudatory word element - Conceptual comparison - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 389/48)
Language of the case: German

Parties


Applicant: Compagnie des gaz de pétrole Primagaz SA (Paris, France) (represented by: D. Régnier, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gerhard Reeh (Radnice, Czech Republic) (represented by: W. Riegger, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2014 (Case R 2304/2012-1), relating to opposition proceedings between Compagnie des gaz de pétrole Primagaz SA and Mr Gerhard Reeh.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 January 2014 (Case R 2304/2012-1) in so far as the Board of Appeal dismissed the action before it as regards the goods ‘apparatus for lighting, heating, drying and ventilating; activated carbon filters for ventilation purposes’;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 175, 10.6.2014.
Case T-317/14: Judgment of the General Court of 24 September 2015 — Klement v OHIM — Bullerjan (Form of an oven) (Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character)
Date: 2015-09-24
Institutions: General Court
Subjects: EU trade mark, furnace, registered trade mark, trade-mark law








C_2015389EN.01004901.xml










23.11.2015   


EN


Official Journal of the European Union


C 389/49





Judgment of the General Court of 24 September 2015 — Klement v OHIM — Bullerjan (Form of an oven)
(Case T-317/14) (1)

((Community trade mark - Revocation proceedings - Three-dimensional Community mark - Form of an oven - Genuine use of a mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Nature of use of the mark - Form differing in elements which do not alter the distinctive character))
(2015/C 389/53)
Language of the case: German

Parties


Applicant: Toni Klement (Dippoldiswalde, Germany) (represented by: J. Weiser and A. Grohmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially D. Walicka, then A. Poch, D. Botis and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 February 2014 (Case R 1656/2013-1), relating to revocation proceedings between Mr Toni Klement and Bullerjan GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Toni Klement to pay the costs.






(1)  OJ C 261, 11.8.2014.
Case C-508/15: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 24 September 2015 — Sidika Ucar v Land Berlin
Date: 2015-09-24
Institutions: Court of Justice
Subjects: family migration, foreign national, migrant worker, residence permit








C_2016016EN.01001501.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/15





Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 24 September 2015 — Sidika Ucar v Land Berlin
(Case C-508/15)
(2016/C 016/18)
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Sidika Ucar

Defendant: Land Berlin

Questions referred







1.


Is the first indent of the first paragraph of Article 7 of EEC-Turkey Association Council Decision No 1/80 of 19 September 1980 to be interpreted as meaning that the conditions governing application of that provision are also met in the case where the three years of legal residence of the member of the family of the Turkish worker duly registered as belonging to the labour force were preceded by a period in which the principal person entitled, after having been joined by the family member authorised to do so in accordance with that provision, was no longer duly registered as belonging to the labour force of that Member State?










2.


Is the first paragraph of Article 7 of Decision No 1/80 to be interpreted as meaning that the extension of a residence permit is to be regarded as constituting the authorisation specified in that provision to join a Turkish worker duly registered as belonging to the labour force in the case where the family member concerned has lived continuously, since being authorised to join the Turkish worker within the meaning of that provision, together with that person but the latter, following a period of temporary absence therefrom, is duly registered as belonging afresh to the labour force of the Member State only at the date on which the residence permit is extended?
Case T-674/11: Judgment of the General Court of 24 September 2015 — TV2/Danmark v Commission (State aid — Public broadcasting service — Decision declaring the aid compatible with the internal market — Aid implemented by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark — Public financing granted to compensate for costs inherent in the performance of public service obligations — Concept of aid — Altmark judgment)
Date: 2015-09-24
Institutions: General Court
Subjects: Denmark, State aid, advertising, control of State aid, public sector, services of general interest, television








C_2015389EN.01002501.xml










23.11.2015   


EN


Official Journal of the European Union


C 389/25





Judgment of the General Court of 24 September 2015 — TV2/Danmark v Commission
(Case T-674/11) (1)

((State aid - Public broadcasting service - Decision declaring the aid compatible with the internal market - Aid implemented by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark - Public financing granted to compensate for costs inherent in the performance of public service obligations - Concept of aid - Altmark judgment))
(2015/C 389/25)
Language of the case: Danish

Parties


Applicant: TV2/Danmark A/S (Odense, Denmark) (represented by: O. Koktvedgaard, lawyer)

Defendant: European Commission (represented by: B. Stromsky, C. Støvlbæk and U. Nielsen, Agents)

Intervener in support of the applicant: Kingdom of Denmark (represented initially by C. Vang and V. Pasternak Jørgensen, Agents, then subsequently by V. Pasternak Jørgensen, assisted by K. Lundgaard Hansen, lawyer, and finally by C. Thorning, Agent, assisted by K. Lundgaard Hansen and R. Holdgaard, lawyers)

Intervener in support of the defendant: Viasat Broadocasting UK Ltd (West Drayton, United Kingdom) (represented by: S. Kalsmose-Hjelmborg and M. Honoré, lawyers)

Re:

Partial annulment of Commission Decision 2011/839/EU of 20 April 2011 concerning Danish measures (C 2/03) in favour of TV2/Danmark (OJ 2011 L 340, p. 1).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2011/839/EU of 20 April 2011 concerning Danish measures (C 2/03) in favour of TV2/Danmark in so far as the Commission found that the advertising revenues for the years 1995 and 1996 paid to TV2/Danmark through the TV2 Fund constituted State aid.










2.


Dismisses the action as to the remainder.










3.


Orders TV2/Danmark A/S to bear its own costs and to pay three-quarters of the costs incurred by the European Commission.










4.


Orders the Commission to bear one-quarter of its costs.










5.


Orders the Kingdom of Denmark and Viasat Broadcasting UK Ltd each to bear their respective costs.






(1)  OJ C 80, 17.3.2012.
Case T-641/14: Judgment of the General Court of 24 September 2015 — Dellmeier v OHIM — Dell (LEXDELL) (Community trade mark — Opposition proceedings — Application for the Community word mark LEXDELL — Earlier Community figurative mark DELL — Relative grounds for refusal — Detriment to the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009)
Date: 2015-09-24
Institutions: General Court
Subjects: EU trade mark, computer equipment, legal profession, registered trade mark, trade-mark law








C_2015389EN.01005401.xml










23.11.2015   


EN


Official Journal of the European Union


C 389/54





Judgment of the General Court of 24 September 2015 — Dellmeier v OHIM — Dell (LEXDELL)
(Case T-641/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark LEXDELL - Earlier Community figurative mark DELL - Relative grounds for refusal - Detriment to the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009 - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009))
(2015/C 389/60)
Language of the case: English

Parties


Applicant: Alexandra Dellmeier (Munich, Germany) (represented by: initially J. Khöber, and subsequently by H. Eckermann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Dell, Inc. (Round Rock, Texas, United States) (represented by: A. Renck and E. Nicolás Gómez, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 June 2014 (Case R 966/2013-2) relating to opposition proceedings between Dell, Inc., and Ms Alexandra Dellmeier

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ms Alexandra Dellmeier to pay the costs.






(1)  OJ C 380, 27.10.2014.
Euro exchange rates
Date: 2015-09-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2015316EN.01000301.xml










24.9.2015   


EN


Official Journal of the European Union


C 316/3





Euro exchange rates (1)

23 September 2015
(2015/C 316/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1150




JPY


Japanese yen


134,03




DKK


Danish krone


7,4599




GBP


Pound sterling


0,72970




SEK


Swedish krona


9,3798




CHF


Swiss franc


1,0882




ISK


Iceland króna


 




NOK


Norwegian krone


9,2370




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,090




HUF


Hungarian forint


310,91




PLN


Polish zloty


4,2036




RON


Romanian leu


4,4183




TRY


Turkish lira


3,3730




AUD


Australian dollar


1,5813




CAD


Canadian dollar


1,4790




HKD


Hong Kong dollar


8,6414




NZD


New Zealand dollar


1,7712




SGD


Singapore dollar


1,5850




KRW


South Korean won


1 328,24




ZAR


South African rand


15,2287




CNY


Chinese yuan renminbi


7,1165




HRK


Croatian kuna


7,5833




IDR


Indonesian rupiah


16 297,40




MYR


Malaysian ringgit


4,8471




PHP


Philippine peso


52,174




RUB


Russian rouble


73,6019




THB


Thai baht


40,286




BRL


Brazilian real


4,4794




MXN


Mexican peso


18,7989




INR


Indian rupee


73,5690






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2015-09-24
Institutions: European Commission
Subjects: Atlantic Ocean, Germany, Greenland, catch area, catch by species, catch quota, international waters, sea fish, sea fishing








C_2015316EN.01000401.xml










24.9.2015   


EN


Official Journal of the European Union


C 316/4





Information communicated by Member States regarding closure of fisheries
(2015/C 316/05)
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


21.8.2015




Duration


21.8.2015 - 31.12.2015




Member State


Germany




Stock or Group of stocks


RED/N1G14P and RED/*5-14P




Species


Redfish (Sebastes spp.)




Zone


Greenland waters of NAFO 1F and Greenland waters of V and XIV + international waters of the Redfish Conservation Area




Type(s) of fishing vessels


—




Reference number


38/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2015-09-24
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Germany, catch area, catch by species, catch quota, sea fish, sea fishing








C_2015316EN.01000402.xml










24.9.2015   


EN


Official Journal of the European Union


C 316/4





Information communicated by Member States regarding closure of fisheries
(2015/C 316/06)
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


21.8.2015




Duration


21.8.2015-31.12.2015




Member State


Germany




Stock or Group of stocks


MAC/8C3411 and MAC/*8ABD.




Species


Mackerel (Scomber scombrus)




Zone


VIIIc, IX and X; Union waters of CECAF 34.1.1 + VIIIa, VIIIb and VIIId




Type(s) of fishing vessels


—




Reference number


35/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case M.7783 — Hellman & Friedman/Securitas Direct Group) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-09-24
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, security services








C_2015316EN.01003601.xml










24.9.2015   


EN


Official Journal of the European Union


C 316/36





Prior notification of a concentration
(Case M.7783 — Hellman & Friedman/Securitas Direct Group)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 316/12)






1.


On 16 September 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 Hellman & Friedman Capital Partners VII, LP and its affiliates and parallel funds (together ‘HFCP VII’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Dream Luxco SCA and its direct and indirect subsidiaries (together ‘Securitas Direct’, Sweden) and its manager Dream GP Sàrl by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for HFCP VII: private equity fund
—   for Securitas Direct: provision of security 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










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 number M.7783 — Hellman & Friedman/Securitas Direct Group, 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’).

(2)  OJ C 366, 14.12.2013, p. 5.