do-me/EUR-LEX huggingface dataset:
Case T-574/15: Action brought on 28 September 2015 — Kozmetika Afrodita v OHIM — Núñez Martín and Machado Montesinos (KOZMETIKA AFRODITA)
Date: 2015-09-28
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2015406EN.01003801.xml










7.12.2015   


EN


Official Journal of the European Union


C 406/38






Action brought on 28 September 2015 — Kozmetika Afrodita v OHIM — Núñez Martín and Machado Montesinos (KOZMETIKA AFRODITA)
(Case T-574/15)
(2015/C 406/38)
Language in which the application was lodged: Slovene

Parties


Applicant: Kozmetika Afrodita d.o.o. (Rogaška Slatina, Slovenia) (represented by: B. Grešak, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Pedro Nuñez Martín (Madrid, Spain) and Carmen Guillermina Machado Montesinos (Madrid)

Details of the proceedings before OHIM


Applicant for the contested mark: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘KOZMETIKA AFRODITA’ — Registration No 11 798 253

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 28 July 2015 in Case R 2577/2014-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009;










—


Infringement of Rule 50(2)(h) of Regulation No 2868/95.
Case C-518/15: Request for a preliminary ruling from the cour du travail de Bruxelles (Belgium) lodged on 28 September 2015 — Ville de Nivelles v Rudy Matzak
Date: 2015-09-28
Institutions: Court of Justice
Subjects: EU law - national law, arrangement of working time, equal treatment, fire protection, remuneration of work, working time








C_2015414EN.01002101.xml










14.12.2015   


EN


Official Journal of the European Union


C 414/21





Request for a preliminary ruling from the cour du travail de Bruxelles (Belgium) lodged on 28 September 2015 — Ville de Nivelles v Rudy Matzak
(Case C-518/15)
(2015/C 414/26)
Language of the case: French

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings


Appellant: Ville de Nivelles

Respondent: Rudy Matzak

Questions referred







1.


Must Article 17(3)(c)(iii) of Directive 2003/88/EC concerning certain aspects of the organisation of working time (1) be interpreted as enabling Member States to exclude certain categories of firefighters recruited by the public fire services from all the provisions transposing that Directive, including the provision that defines working time and rest periods?










2.


Inasmuch as Directive 2003/88 of 4 November 2003 concerning certain aspects of the organisation of working time provides for only minimum requirements, must it be interpreted as not preventing the national legislature from retaining or adopting a less restrictive definition of working time?










3.


Taking account of Article 153(5) TFEU and of the objectives of Directive 2003/88 concerning certain aspects of the organisation of working time, must Article 2 of that Directive, in so far as it defines the principal concepts used in the Directive, in particular those of working time and rest periods, be interpreted to the effect that it is not applicable to the concept of working time which serves to determine the remuneration owed in the case of home-based on-call time?










4.


Does Directive 2003/88 of 4 November 2003 concerning certain aspects of the organisation of working time prevent home-based on-call time from being regarded as working time when, although the on-call time is undertaken at the home of the worker, the constraints on him during the on-call time (such as the duty to respond to calls from his employer within eight minutes) very significantly restrict the opportunities to undertake other activities?






(1)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).