do-me/EUR-LEX huggingface dataset:
Case T-560/15 P: Appeal brought on 28 September 2015 by LM against the order of the Civil Service Tribunal of 14 July 2015 in Case F-109/14, LM v Commission
Date: 2015-09-28
Institutions: General Court
Subjects: European official, divorced person, elderly person, fundamental rights, right to culture, survivor's benefit








C_2015414EN.01003201.xml










14.12.2015   


EN


Official Journal of the European Union


C 414/32





Appeal brought on 28 September 2015 by LM against the order of the Civil Service Tribunal of 14 July 2015 in Case F-109/14, LM v Commission
(Case T-560/15 P)
(2015/C 414/42)
Language of the case: Italian

Parties


Appellant: LM (Ispra, Italy) (represented by: L. Ribolzi, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The applicant claims that the Court should:






—


annul the contested order.





Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal of 14 July 2015 (Case F-109/14), which dismissed as manifestly unfounded an action seeking an order that the Commission pay the appellant, in respect of the survivor’s pension which she receives, 35 % of the retirement pension received by her former spouse at the time of his death.
In support of her claims, the appellant submits that the Civil Service Tribunal did not examine her request to increase the pension in accordance with Article 25 the Universal Declaration of Human Rights and the Treaty of Lisbon, which recognise and respect the right of the elderly to lead a life of dignity and independence and to participate in social and cultural life.
Judgment of the Court of 28 September 2015 in Case E-12/15 — EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2011/83/EU on consumer rights)
Date: 2015-09-28
Institutions: EFTA Court
Subjects: EFTA, Liechtenstein, consumer protection, national implementing measure








C_2016422EN.01000801.xml










17.11.2016   


EN


Official Journal of the European Union


C 422/8





JUDGMENT OF THE COURT
of 28 September 2015
in Case E-12/15
EFTA Surveillance Authority v The Principality of Liechtenstein
(Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2011/83/EU on consumer rights)
(2016/C 422/07)
In Case E-12/15, EFTA Surveillance Authority v The Principality of Liechtenstein – APPLICATION for a declaration that by failing, within the time prescribed, to adopt the measures necessary to implement the Act referred to at points 7a, 7e and 7i of Annex XIX of the Agreement on the European Economic Area (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council) as adapted to the Agreement by way of Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under the Act and under Article 7 of the Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 28 September 2015, the operative part of which is as follows:
The Court hereby:






1.


Declares that the Principality of Liechtenstein has failed to fulfil its obligations under the Act referred to at points 7a, 7e and 7i of Annex XIX to the Agreement on the European Economic Area (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council) 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.


Orders the Principality of Liechtenstein to bear the costs of the proceedings
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2015-09-28
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2015320EN.01000101.xml










28.9.2015   


EN


Official Journal of the European Union


C 320/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

(2015/C 320/01)

Last publication


OJ C 311, 21.9.2015


Past publications


OJ C 302, 14.9.2015


OJ C 294, 7.9.2015


OJ C 279, 24.8.2015


OJ C 270, 17.8.2015


OJ C 262, 10.8.2015


OJ C 254, 3.8.2015

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Commission Implementing Regulation (EU) 2015/1743 of 28 September 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Ovos Moles de Aveiro (PGI))
Date: 2015-09-28
Institutions: European Commission
Subjects: Central Portugal, Portugal, confectionery product, designation of origin, foodstuff, labelling, product designation








L_2015256EN.01000101.xml










1.10.2015   


EN


Official Journal of the European Union


L 256/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/1743
of 28 September 2015
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Ovos Moles de Aveiro (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Portugal's application for the approval of amendments to the specification for the protected geographical indication ‘Ovos Moles de Aveiro’, registered under Commission Regulation (EC) No 286/2009 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union as required by Article 50(2)(a) of that Regulation (3).












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Ovos Moles de Aveiro’ (PGI) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2015.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Regulation (EC) No 286/2009 of 7 April 2009 entering certain names in the register of protected designations of origin and protected geographical indications (Melva de Andalucía (PGI), Caballa de Andalucía (PGI), Ovos Moles de Aveiro (PGI), Castagna di Vallerano (PDO)) (OJ L 94, 8.4.2009, p. 15).

(3)  
            OJ C 170, 23.5.2015, p. 10.
Case T-566/15: Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)
Date: 2015-09-28
Institutions: General Court
Subjects: EU trade mark, cultural event, education, leisure park, registered trade mark, sporting event, trade-mark law








C_2015398EN.01006701.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/67





Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)
(Case T-566/15)
(2015/C 398/81)
Language in which the application was lodged: English

Parties


Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by:E. EnginDeniz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ferrero SpA (Alba, Italy)

Details of the proceedings before OHIM


Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘MERLIN’S KINDERWELT’– Application for registration No 1 1 2 02  066

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 16 July 2015 in Case R 1617/2014-1

Form of order sought

The applicant claims that the Court should:






—


alter the contested decision so as to reject the opposition of the Opponent;

in eventu











—


annul the contested decision as well as the decision of the Opposition Division of 26 May 2014, opposition No B 002152844;










—


order OHIM to pay the fees and costs of the proceedings.





Pleas in law







—


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










—


Infringement of Article 8(5) of Regulation No 207/2009.
Case C-520/15: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2015 — Aiudapds — Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery e dei Centri di Chirurgia Ambulatoriale v Agenzia Italiana del Farmaco (AIFA) and Ministero della Salute
Date: 2015-09-28
Institutions: Court of Justice
Subjects: access to the courts, appeal, human rights, right to justice








C_2015398EN.01002101.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/21





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2015 — Aiudapds — Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery e dei Centri di Chirurgia Ambulatoriale v Agenzia Italiana del Farmaco (AIFA) and Ministero della Salute
(Case C-520/15)
(2015/C 398/26)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Aiudapds — Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery e dei Centri di Chirurgia Ambulatoriale

Respondents: Agenzia Italiana del Farmaco (AIFA) and Ministero della Salute

Other parties: Roche SpA, Novartis Farma SpA, and Regione Marche

Question referred

Do the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union (2000/C 364/01), in which it is stated that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law and which guarantees the right to a fair trial, Article 54 of that Charter which prohibits abuse of that right, and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, in which it is stated that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, preclude national legislation which, pursuant to Article 10 of Presidential Decree No 1199 of 24 November 1971 and Article 48 of Legislative Decree No 104 of 2 July 2010, enables only one of the parties to extraordinary proceedings brought exclusively before the Consiglio di Stato to have those proceedings transferred at first instance to a Tribunale Amministrativo Regionale without the approval or participation of the appellant or any other party to those proceedings?
Commission Implementing Regulation (EU) 2015/1744 of 28 September 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Limone di Siracusa (PGI))
Date: 2015-09-28
Institutions: European Commission
Subjects: Italy, Sicily, citrus fruit, designation of origin, labelling, product designation








L_2015256EN.01000301.xml










1.10.2015   


EN


Official Journal of the European Union


L 256/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/1744
of 28 September 2015
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Limone di Siracusa (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected geographical indication ‘Limone di Siracusa’, registered under Commission Regulation (EU) No 96/2011 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union as required by Article 50(2)(a) of that Regulation (3).












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Limone di Siracusa’ (PGI) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2015.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Regulation (EU) No 96/2011 of 3 February 2011 entering a name in the register of protected designations of origin and protected geographical indications [Limone di Siracusa (PGI)] (OJ L 30, 4.2.2011, p. 25).

(3)  
            OJ C 165, 20.5.2015, p. 5.
Judgment of the Court of 28 September 2015 in Case E-6/15 — EFTA Surveillance Authority v The Kingdom of Norway (Failure by an EFTA State to fulfil its obligations — Freedom to provide services — Directive 2006/123/EC on services in the internal market — Local authorisation requirement for construction works)
Date: 2015-09-28
Institutions: EFTA Court
Subjects: EFTA, Norway, administrative formalities, autonomy, building permit, building regulations, freedom to provide services, national implementing measure, provision of services, right of establishment








C_2016422EN.01000701.xml










17.11.2016   


EN


Official Journal of the European Union


C 422/7





JUDGMENT OF THE COURT
of 28 September 2015
in Case E-6/15
EFTA Surveillance Authority v The Kingdom of Norway
(Failure by an EFTA State to fulfil its obligations — Freedom to provide services — Directive 2006/123/EC on services in the internal market — Local authorisation requirement for construction works)
(2016/C 422/06)
In Case E-6/15, EFTA Surveillance Authority v The Kingdom of Norway – APPLICATION for a declaration that the Kingdom of Norway has failed to fulfil its obligations under Article 16 of the Act referred to at point 1 of Annex X of the Agreement on the European Economic Area (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), or, alternatively, Article 36 of the Agreement on the European Economic Area, by maintaining in force Sections 20-1, second paragraph and 22-3 of the Planning and Building Act, read in conjunction with Sections 9-1 to 9-4 and 11-1 of the Building Regulation, which require undertakings carrying out construction works to obtain an authorisation by local municipalities prior to the beginning of their activity, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 28 September 2015, the operative part of which is as follows:
The Court hereby:






1.


Declares that the Kingdom of Norway has failed to fulfil its obligations under Article 16 of the Act referred to at point 1 of Annex X of the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market) by maintaining in force Section 20-1, second paragraph and Section 22-3 of the Planning and Building Act, read in conjunction with Sections 9-1 to 9-4 and 11-1 of the Building Regulation, which require undertakings carrying out construction works to obtain an authorisation by local municipalities prior to the beginning of their activity.










2.


Orders the Kingdom of Norway to bear the costs of the proceedings.
Case F-73/14: Order of the Civil Service Tribunal (Second Chamber) of 28 September 2015 — Kriscak v Europol (Civil Service — Europol staff — Europol Convention — Staff Regulations of Europol — Annex 1 to the Staff Regulations of Europol — List of the posts given in bold characters which may be occupied only by a person recruited from a competent authority within the meaning of Article 2(4) of the Europol Convention — Restricted posts — Europol Decision — Posts which may be occupied only by a person recruited from a competent authority within the meaning of Article 3 of the Europol Decision — Application of the CEOS to Europol staff — Non-renewal of a fixed-term temporary contract — Refusal to grant a temporary contract of undetermined duration — Action for annulment — Action for compensation)
Date: 2015-09-28
Institutions: Civil Service Tribunal
Subjects: damages, dismissal, indemnification, job access, servant (EU), staff regulations (EU), work contract








C_2015371EN.01004602.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/46





Order of the Civil Service Tribunal (Second Chamber) of 28 September 2015 — Kriscak v Europol
(Case F-73/14) (1)

((Civil Service - Europol staff - Europol Convention - Staff Regulations of Europol - Annex 1 to the Staff Regulations of Europol - List of the posts given in bold characters which may be occupied only by a person recruited from a competent authority within the meaning of Article 2(4) of the Europol Convention - Restricted posts - Europol Decision - Posts which may be occupied only by a person recruited from a competent authority within the meaning of Article 3 of the Europol Decision - Application of the CEOS to Europol staff - Non-renewal of a fixed-term temporary contract - Refusal to grant a temporary contract of undetermined duration - Action for annulment - Action for compensation))
(2015/C 371/48)
Language of the case: French

Parties


Applicant: Christiana Kriscak (The Hague, Netherlands) (represented by: M. Velardo, lawyer)

Defendant: European Police Office (Europol) (represented by: D. Neumann, J. Arnould and C. Falmagne, acting as Agents)

Re:

Application for annulment of the decision not to renew the applicant’s contract and for compensation for the material and non-material harm allegedly suffered.

Operative part of the order







1.


The action is dismissed as manifestly unfounded.










2.


The European Police Office shall bear its own costs and shall pay one third of the costs incurred by Ms Kriscak.










3.


Ms Kriscak shall bear two thirds of her own costs.






(1)  OJ C 380, 27.10.2014, p. 27.
Case T-575/15: Action brought on 28 September 2015 — Kozmetika Afrodita v OHIM — Núñez Martín and Machado Montesinos (AFRODITA COSMETICS)
Date: 2015-09-28
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2015406EN.01003802.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 (AFRODITA COSMETICS)
(Case T-575/15)
(2015/C 406/39)
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, Spain

Details of the proceedings before OHIM


Applicant for the contested mark: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘AFRODITA COSMETICS’ — Registration No 11 798 287

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 28 July 2015 in Case R 2578/2014-4.

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 T-565/15: Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)
Date: 2015-09-28
Institutions: General Court
Subjects: EU trade mark, education, leisure park, registered trade mark, trade-mark law








C_2015398EN.01006601.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/66





Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)
(Case T-565/15)
(2015/C 398/80)
Language in which the application was lodged: English

Parties


Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. EnginDeniz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ferrero SpA (Alba, Italy)

Details of the proceedings before OHIM


Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘MERLIN'S KINDERWELT’ – Application for registration No 1 1 2 01  969

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 9 July 2015 in Case R 1538/2014-1

Form of order sought

The applicant claims that the Court should:






—


annul in whole the contested decision;










—


order OHIM to pay the fees and costs of the proceedings.





Pleas in law







—


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










—


Infringement of Article 8(5) of Regulation No 207/2009.