do-me/EUR-LEX huggingface dataset:
Case T-609/15: Action brought on 29 October 2015 — Repsol v OHIM — Basic (BASIC)
Date: 2015-10-29
Institutions: General Court
Subjects: EU trade mark, distributive trades, motor fuel, registered trade mark, trade-mark law








C_2016027EN.01006302.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/63





Action brought on 29 October 2015 — Repsol v OHIM — Basic (BASIC)
(Case T-609/15)
(2016/C 027/81)
Language in which the application was lodged: English

Parties


Applicant: Repsol, SA (Madrid, 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: Basic AG Lebensmittelhandel (München, Germany)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘BASIC’– Community trade mark No 5 648 159

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 11 August 2015 in Case R 2384/2013-1

Form of order sought

The applicant claims that the Court should:






—


admit this writ of claim, with all the documents annexed, and the correspondent copies;










—


admit all the evidences attached to this writ;










—


annul the contested decision;










—


order the Applicant to bear the costs of the proceedings.





Plea(s) in law







—


The Board of appeal has incorrectly assessed the evidence submitted by Basic AG as to its genuine use of a company names ‘Basic AG’ and ‘Basic’ use in the course of trade in Germany;










—


The contested decision is incorrectly based on article 8(4) of Regulation No 207/2009, in relation to Article 53 (1) (c), as far as between the marks ‘basic’ figuratives there is no likelihood of confusion. The term basic is lack of distinctiveness;










—


The exceptional protection of the German Trademark Law regarding non registered trade names has to be interpreted restrictively, according to Rome Treaty, 23 March 1957 and Community case law.
New national side of euro coins intended for circulation
Date: 2015-10-29
Institutions: European Commission
Subjects: Lithuania, commemoration, euro, issuing of currency




C_2015357EN.01000301.xml










29.10.2015   


EN


Official Journal of the European Union


C 357/3





New national side of euro coins intended for circulation
(2015/C 357/03)



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
: Lithuania


Subject of commemoration
: The Lithuanian language


Description of the design
: The design shows the word ‘AČIŪ’(THANK YOU) — one of the most beautiful words in the Lithuanian language. An original Lithuanian font — created specially on the basis of the Latin font for the occasion of the centenary of the restoration of Lithuanian press — in order to match better the combinations of letters used most in the Lithuanian language, is used in the project. All the letters of the Lithuanian language are depicted on the background of the word ‘AČIŪ’, laid out in a tag cloud. At the bottom is the name of the issuing country ‘LIETUVA’ and underneath the name is the year ‘2015’. At the bottom right, under the word ‘AČIŪ’ is the mint mark of the Lithuanian Mint.
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 


Date of issue
: December 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).
New national side of euro coins intended for circulation
Date: 2015-10-29
Institutions: European Commission
Subjects: Monaco, commemoration, euro, issuing of currency




C_2015357EN.01000201.xml










29.10.2015   


EN


Official Journal of the European Union


C 357/2





New national side of euro coins intended for circulation
(2015/C 357/02)



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
: Monaco


Subject of commemoration
: 800th anniversary of the construction of the first Castle on the rock


Description of the design
: The design shows a tower on the top of the rock. At the top the name of the issuing country ‘MONACO’ flanked by the Paris mint mark and the mint master mark. At the bottom, the inscription ‘FONDATION DE LA FORTERESSE’ (Foundation of the fortress), flanked by the years ‘1215’ and ‘2015’.
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 


Date of issue
: 


(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).
Case F-136/15: Action brought on 29 October 2015 — ZZ v Parliament
Date: 2015-10-29
Institutions: Civil Service Tribunal
Subjects: European official, education grant








C_2016007EN.01003801.xml










11.1.2016   


EN


Official Journal of the European Union


C 7/38





Action brought on 29 October 2015 — ZZ v Parliament
(Case F-136/15)
(2016/C 007/51)
Language of the case: French

Parties


Applicant: ZZ (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment, firstly, of the Parliament’s decision to put the applicant’s situation into order as regards the allocation of the education allowance and, secondly, of the decision to recover the amounts which the applicant unduly received in that regard.

Form of order sought







—


Annul the contested decisions and, in so far as necessary, the decision rejecting the claim;










—


Order the Parliament to pay the costs.
Case T-199/14: Judgment of the General Court of 29 October 2015 — Vanbreda Risk & Benefits v Commission (Public services contracts — Tendering procedure — Supply of insurance services for property and persons — Rejection of a tender — Award of the contract to another tenderer — Equal treatment — Sufficiently serious infringement of a rule of law conferring rights on individuals — Non-contractual liability — Loss of an opportunity — Interim judgment)
Date: 2015-10-29
Institutions: General Court
Subjects: award of contract, damages, equal treatment, insurance, invitation to tender, services contract








C_2015429EN.01001901.xml










21.12.2015   


EN


Official Journal of the European Union


C 429/19





Judgment of the General Court of 29 October 2015 — Vanbreda Risk & Benefits v Commission
(Case T-199/14) (1)

((Public services contracts - Tendering procedure - Supply of insurance services for property and persons - Rejection of a tender - Award of the contract to another tenderer - Equal treatment - Sufficiently serious infringement of a rule of law conferring rights on individuals - Non-contractual liability - Loss of an opportunity - Interim judgment))
(2015/C 429/25)
Language of the case: French

Parties


Applicant: Vanbreda Risk & Benefits (Antwerp, Belgium) (represented initially by: P. Teerlinck and P. de Bandt, then by P. Teerlinck, P. de Bandt and M. Gherghinaru, lawyers)

Defendant: European Commission (represented by: S. Delaude and L. Cappelletti, acting as Agents)

Re:

First, action for annulment of the decision of 30 January 2014 by which the Commission rejected the tender submitted by the applicant for Lot 1 in the context of call for tenders No OIB.DR.2/PO/2013/062/591 relating to the insurance of property and persons (OJ 2013/S 155-269617) and awarded it to another company, and, second, an action for damages.

Operative part of the judgment

The Court:






1.


Annuls the decision of 30 January 2014 by which the Commission rejected the tender submitted by the applicant for Lot 1 in the context of call for tenders No OIB.DR.2/PO/2013/062/591 relating to the insurance of property and persons (OJ 2013/S 155-269617) and awarded Lot 1 to another company;










2.


Orders the European Union to pay compensation for the harm suffered by Vanbreda Risk & Benefits for the loss of the opportunity to be awarded the abovementioned contract and to obtain the corresponding references for the award of the contract;










3.


Dismisses the claim for compensation as to the remainder;










4.


Orders the parties to inform the Court, within six months from the delivery of the present judgment, of the amount of compensation arrived at by agreement for that loss suffered;










5.


Orders that, in the absence of agreement, the parties shall transmit to the Court, within the same period, a statement of their views with supporting figures;










6.


Reserves the costs.






(1)  OJ C 159, 26.5.2014.
Case F-52/15: Judgment of the Civil Service Tribunal (Single Judge) of 29 October 2015 — Xenakis v Commission (Civil Service — Officials — Automatic retirement — Retirement age — Request to extend the period of employment — Second paragraph of Article 52 of the Staff Regulations — Refusal to extend the period of employment — Interest of the service)
Date: 2015-10-29
Institutions: Civil Service Tribunal
Subjects: European official, damages, indemnification, interest, retirement conditions, staff regulations (EU)








C_2015406EN.01004402.xml










7.12.2015   


EN


Official Journal of the European Union


C 406/44






Judgment of the Civil Service Tribunal (Single Judge) of 29 October 2015 — Xenakis v Commission
(Case F-52/15) (1)

((Civil Service - Officials - Automatic retirement - Retirement age - Request to extend the period of employment - Second paragraph of Article 52 of the Staff Regulations - Refusal to extend the period of employment - Interest of the service))
(2015/C 406/46)
Language of the case: French

Parties


Applicant: Yannis Xenakis (Woluwe-Saint-Pierre, Belgium) (represented by: S. Rodrigues and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall and C. Ehrbar, acting as Agents)

Re:

Application for annulment of the Commission’s decision rejecting the application to extend the applicant’s service and, accordingly, confirming his automatic retirement on 31 October 2014 and application for damages in respect of the material harm allegedly suffered and the symbolic sum of EUR 1 in respect of the non-material harm alleged.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Xenakis to bear his own costs and to pay the costs incurred by the European Commission.






(1)  
            OJ C 190, 8.6.2015, p. 38.
Euro exchange rates
Date: 2015-10-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2015357EN.01000101.xml










29.10.2015   


EN


Official Journal of the European Union


C 357/1





Euro exchange rates (1)

28 October 2015
(2015/C 357/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1085




JPY


Japanese yen


133,38




DKK


Danish krone


7,4599




GBP


Pound sterling


0,72480




SEK


Swedish krona


9,3358




CHF


Swiss franc


1,0899




ISK


Iceland króna


 




NOK


Norwegian krone


9,4200




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,134




HUF


Hungarian forint


311,78




PLN


Polish zloty


4,2936




RON


Romanian leu


4,4330




TRY


Turkish lira


3,2047




AUD


Australian dollar


1,5539




CAD


Canadian dollar


1,4643




HKD


Hong Kong dollar


8,5909




NZD


New Zealand dollar


1,6505




SGD


Singapore dollar


1,5448




KRW


South Korean won


1 254,80




ZAR


South African rand


15,0531




CNY


Chinese yuan renminbi


7,0484




HRK


Croatian kuna


7,6125




IDR


Indonesian rupiah


15 003,98




MYR


Malaysian ringgit


4,7338




PHP


Philippine peso


51,898




RUB


Russian rouble


71,2750




THB


Thai baht


39,318




BRL


Brazilian real


4,3062




MXN


Mexican peso


18,3058




INR


Indian rupee


72,0535






(1)  Source: reference exchange rate published by the ECB.
Case C-319/14: Judgment of the Court (Fifth Chamber) of 29 October 2015 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — B&S Global Transit Center BV v Staatssecretaris van Financiën (Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Articles 203 and 204 — External Community transit procedure — Regulation (EEC) No 2454/93 — Articles 365, 366 and 859 — Incurrence of a customs debt — Whether or not goods are unlawfully removed from customs supervision — Non-fulfilment of an obligation — Failure to end the transit procedure — Removal of the goods from the customs territory of the European Union)
Date: 2015-10-29
Institutions: Court of Justice
Subjects: customs debt, customs document, customs formalities, customs territory (EU), customs transit








C_2015429EN.01000401.xml










21.12.2015   


EN


Official Journal of the European Union


C 429/4





Judgment of the Court (Fifth Chamber) of 29 October 2015 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — B&S Global Transit Center BV v Staatssecretaris van Financiën
(Case C-319/14) (1)

((Reference for a preliminary ruling - Community Customs Code - Regulation (EEC) No 2913/92 - Articles 203 and 204 - External Community transit procedure - Regulation (EEC) No 2454/93 - Articles 365, 366 and 859 - Incurrence of a customs debt - Whether or not goods are unlawfully removed from customs supervision - Non-fulfilment of an obligation - Failure to end the transit procedure - Removal of the goods from the customs territory of the European Union))
(2015/C 429/05)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: B&S Global Transit Center BV

Defendant: Staatssecretaris van Financiën

Operative part of the judgment

Articles 203 and 204 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Council Regulation (EC) No 1791/2006 of 20 November 2006, must be interpreted as meaning that a failure to comply with the obligation to present goods placed under the external Community transit procedure at the customs office of destination leads to a customs debt being incurred on the basis not of Article 204 of Regulation No 2913/92, as amended by Regulation No 1791/2006, but of Article 203 of Regulation No 2913/92, as amended by Regulation No 1791/2006, where the goods concerned have left the customs territory of the European Union and the holder under that procedure is unable to produce documents that comply with Article 365(3) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation No 2913/92, in the version following the adoption of Commission Regulation (EC) No 993/2001 of 4 May 2001, or Article 366(2) and (3) of Regulation No 2454/93, in the version following the adoption of Commission Regulation (EC) No 1192/2008 of 17 November 2008.


(1)  OJ C 315, 15.9.2014.
Case T-110/13: Judgment of the General Court of 29 October 2015 — Lithuania v Commission (Community assistance programme for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe (SAPARD) — Financing by the European Union of certain expenditure incurred by Lithuania — Commission decision requiring Lithuania to reimburse part of the amount paid — Article 9(1) of Regulation (EC) No 1268/1999 — Reference to the principles established by Regulation (EC) No 1258/1999 — Scope of the multiannual financing agreement concerning the SAPARD programme — Sincere cooperation)
Date: 2015-10-29
Institutions: General Court
Subjects: EU programme, aid to agriculture, debt, pre-accession aid, receivership, reimbursement of aid, rural development








C_2015429EN.01001601.xml










21.12.2015   


EN


Official Journal of the European Union


C 429/16





Judgment of the General Court of 29 October 2015 — Lithuania v Commission
(Case T-110/13) (1)

((Community assistance programme for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe (SAPARD) - Financing by the European Union of certain expenditure incurred by Lithuania - Commission decision requiring Lithuania to reimburse part of the amount paid - Article 9(1) of Regulation (EC) No 1268/1999 - Reference to the principles established by Regulation (EC) No 1258/1999 - Scope of the multiannual financing agreement concerning the SAPARD programme - Sincere cooperation))
(2015/C 429/21)
Language of the case: Lithuanian

Parties


Applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, R. Krasuckaitė, D. Skara and V. Čepaitė, acting as Agents)

Defendant: European Commission (represented by: F. Erlbacher, A. Steiblytė and G. von Rintelen, acting as Agents)

Re:

Principally, application for annulment of Decision No FK/fa/D(2012) 1707818 of the Commission of 10 December 2012 in so far as the debit note No 3241213460 attached to it relates to projects whose completion has been assigned to undertakings which have been placed in receivership and to Project P27010010.

Operative part of the judgment

The Court:






1)


Dismisses the action;










2)


Orders the Republic of Lithuania to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 129, 4.5.2013.