do-me/EUR-LEX huggingface dataset:
Case T-713/15: Action brought on 30 November 2015 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS)
Date: 2015-11-30
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2016038EN.01007302.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/73





Action brought on 30 November 2015 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS)
(Case T-713/15)
(2016/C 038/99)
Language in which the application was lodged: English

Parties


Applicant: Pharm-a-care Laboratories Pty. Ltd (Sydney, Australia) (represented by: I. De Freitas, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Pharmavite LLC (California, United States)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘VITAMELTS’ — Community trade mark No 11 403 581

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 10 September 2015 in Case R 2649/2014-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


confirm the decision of the Cancellation Division in its entirety so that Application for Revocation No. 8627 C is rejected;










—


order OHIM and Pharmavite LLC to pay the Appellant’s costs in relation to these proceedings.





Pleas in law







—


The Board of Appeal infringed Article 52(1)(b) of Regulation No 207/2009. It erred in law in finding that the Appellant has acted in bad faith when filing the application for registration of the contested trade mark;










—


The Board of Appeal’s decision is based, in part, on an infringement of an essential procedural requirement, namely the failure to provide the Appellant with an opportunity to respond to evidence submitted by the Cancellation Applicant.
Case T-845/14: Order of the General Court of 30 November 2015 — August Brötje v OHIM (HydroComfort) (Community trade mark — Application for the Community word mark HydroComfort — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law)
Date: 2015-11-30
Institutions: General Court
Subjects: EU trade mark, registered trade mark, thermal equipment, trade-mark law








C_2016038EN.01005701.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/57





Order of the General Court of 30 November 2015 — August Brötje v OHIM (HydroComfort)
(Case T-845/14) (1)

((Community trade mark - Application for the Community word mark HydroComfort - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))
(2016/C 038/76)
Language of the case: German

Parties


Applicant: August Brötje GmbH (Rastede, Germany) (represented by: S. Pietzcker and C. Spintig, lawyers)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 23 October 2014 (Case R 1302/2014-5), concerning an application for registration of the word sign HydroComfort as a Community trade mark.

Operative part of the order







1.


The action is dismissed.










2.


August Brötje GmbH shall pay the costs.






(1)  OJ C 89, 16.3.2015.
Case T-697/15: Action brought on 30 November 2015 — Bergbräu v OHIM — Vilser Privatbrauerei (VILSER BERGBRÄU)
Date: 2015-11-30
Institutions: General Court
Subjects: EU trade mark, beverage, registered trade mark, trade-mark law








C_2016078EN.01002201.xml










29.2.2016   


EN


Official Journal of the European Union


C 78/22





Action brought on 30 November 2015 — Bergbräu v OHIM — Vilser Privatbrauerei (VILSER BERGBRÄU)
(Case T-697/15)
(2016/C 078/32)
Language in which the application was lodged: German

Parties


Applicant: Bergbräu GmbH & Co. KG (Uslar, Germany) (represented by: B. Reiter, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vilser Privatbrauerei GmbH (Vils, Austria)

Details of the proceedings before OHIM


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘VILSER BERGBRÄU’ — Application for registration No 11 396 223

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 10 September 2015 in Case R 2675/2014-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in the opposition proceedings between Privatbrauerei Bergbräu GmbH & Co. KG and Vilser Privatbrauerei GmbH (Opposition No B 002169764);










—


order OHIM to pay the costs;










—


fix a date for the hearing in the event that the assessment of the facts of the case by the Court is not possible without a hearing.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case T-215/14: Order of the General Court of 30 November 2015 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (Action for annulment — Replacement of the contested act during proceedings — Amendment of the form of order sought — Parallel action against the new decision — No need to adjudicate)
Date: 2015-11-30
Institutions: General Court
Subjects: Poland, State aid, airport, control of State aid, infringement of EU law, reimbursement of aid








C_2016038EN.01005301.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/53





Order of the General Court of 30 November 2015 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
(Case T-215/14) (1)

((Action for annulment - Replacement of the contested act during proceedings - Amendment of the form of order sought - Parallel action against the new decision - No need to adjudicate))
(2016/C 038/69)
Language of the case: Polish

Parties


Applicants: Gmina Miasto Gdynia (Gdynia, Poland) (represented by: T. Koncewicz and K. Gruszecka-Spychała, lawyers) and Port Lotniczy Gdynia Kosakowo sp. Z o.o. (Gdynia) (represented initially by T. Koncewicz and K. Gruszecka-Spychała, and subsequently by P. Rosiak, lawyers)

Defendant: European Commission (represented by: D. Grespan, S. Noë and A. Stobiecka-Kuik, acting as Agents)

Intervener in support of the applicants: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Re:

Initially, an application for the annulment of Commission Decision 2014/883/EU of 11 February 2014 on the measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo Airport (OJ 2014 L 357, p. 51), and, subsequently, an application for the annulment of Commission Decision (EU) 2015/1586 of 26 February 2015 on the measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport (OJ 2015 L 250, p. 165) replacing Decision 2014/883.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The European Commission shall bear its own costs and shall pay the costs incurred by Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. Z o.o. as regards the main proceedings.










3.


Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo shall bear their own costs and shall pay the costs incurred by the Commission as regards the proceedings for interim relief.










4.


The Republic of Poland shall bear its own costs.






(1)  OJ C 175, 10.6.2014.
Case C-633/15: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 30 November 2015 — London Borough of Ealing v Commissioners for Her Majesty's Revenue and Customs
Date: 2015-11-30
Institutions: Court of Justice
Subjects: United Kingdom, VAT, non-profit organisation, public institution, restriction on competition, tax exemption








C_2016059EN.01000601.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/6





Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 30 November 2015 — London Borough of Ealing v Commissioners for Her Majesty's Revenue and Customs
(Case C-633/15)
(2016/C 059/05)
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicant: London Borough of Ealing

Defendant: Commissioners for Her Majesty's Revenue and Customs

Questions referred







1.


Is the United Kingdom entitled, pursuant to the final paragraph of article 133 PVD (1), to impose the condition contained in paragraph (d) of that article on bodies governed by public law, (i) in circumstances where the relevant transactions were treated by the United Kingdom as taxable on 1st January 1989, but other Sporting Services were subject to exemption on that date and (ii) in circumstances where the relevant transactions had not first been granted exemption under national law before the United Kingdom sought to impose the condition contained in Article 133(d)?










2.


If the answer to (1) above is in the affirmative, is the United Kingdom entitled to impose the condition contained in paragraph (d) of article 133 PVD on non-profit making bodies governed by public law without also applying that condition to non-profit making bodies which are not governed by public law?










3.


If the answer to (2) above is in the affirmative, is the United Kingdom permitted to exclude all public non-profit making bodies from the benefit of the exemption contained in article 132(1)(m) without having considered in each individual case whether the granting of exemption would be likely to cause distortion of competition to the disadvantage of commercial enterprises subject to VAT?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax OJ L 347, p. 1.
Case C-632/15: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 30 November 2015 — Costin Popescu v Guvernul României, Ministerul Afacerilor Interne, Direcția Regim Permise de Conducere și Înmatriculare a Vehiculelor, Direcția Rutieră, Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Vehiculelor
Date: 2015-11-30
Institutions: Court of Justice
Subjects: European driving licence, driving instruction, two-wheeled vehicle








C_2016068EN.01002201.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/22





Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 30 November 2015 — Costin Popescu v Guvernul României, Ministerul Afacerilor Interne, Direcția Regim Permise de Conducere și Înmatriculare a Vehiculelor, Direcția Rutieră, Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Vehiculelor
(Case C-632/15)
(2016/C 068/29)
Language of the case: Romanian

Referring court

Înalta Curte de Casație și Justiție

Parties to the main proceedings


Applicant: Costin Popescu

Defendants: Guvernul României, Ministerul Afacerilor Interne, Direcția Regim Permise de Conducere și Înmatriculare a Vehiculelor, Direcția Rutieră, Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Vehiculelor

Question referred

In the case of riders of mopeds in possession of an official document which gave them the right to ride on the public highway before 19 January 2013, do the provisions of Directive 2006/126/EC of the European Parliament and of the Council (1) permit the Romanian State to impose a requirement, for the purpose of being able to continue to ride a moped after that date, to obtain a driving licence by undergoing tests/examinations similar to those required for other motor vehicles?


(1)  Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast) (OJ 2006 L 403, p. 18).
Council Decision (EU) 2015/2237 of 30 November 2015 appointing a Danish alternate member of the Committee of the Regions
Date: 2015-11-30
Institutions: Council of the European Union
Subjects: Denmark, European Committee of the Regions, appointment of members








L_2015317EN.01003501.xml










3.12.2015   


EN


Official Journal of the European Union


L 317/35








            COUNCIL DECISION (EU) 2015/2237
of 30 November 2015
         
appointing a Danish alternate member of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Danish Government,

Whereas:







(1)


On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Peter KOFOD POULSEN,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Niels Erik SØNDERGAARD, Southern Denmark Regional Councillor.







Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 30 November 2015.


For the Council


The President

É. SCHNEIDER
            





(1)  
            OJ L 20, 27.1.2015, p. 42.

(2)  
            OJ L 31, 7.2.2015, p. 25.

(3)  
            OJ L 159, 25.6.2015, p. 70.
Case T-700/15: Action brought on 30 November 2015 — Volfas Engelman v OHIM — Rauch Fruchtsäfte (BRAVORO PINTA)
Date: 2015-11-30
Institutions: General Court
Subjects: EU trade mark, beer, registered trade mark, trade-mark law








C_2016038EN.01007102.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/71





Action brought on 30 November 2015 — Volfas Engelman v OHIM — Rauch Fruchtsäfte (BRAVORO PINTA)
(Case T-700/15)
(2016/C 038/96)
Language in which the application was lodged: English

Parties


Applicant: Volfas Engelman AB (Kaunas, Lithuania) (represented by: P. Olson, lawyer)

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

Other party to the proceedings before the Board of Appeal: Rauch Fruchtsäfte GmbH (Rankweil, Austria)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘BRAVORO PINTA’ — Application for registration No 10 725 381

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 17 September 2015 in Case R 1649/2014-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and allow registration of the CTM 1072538 and;










—


order OHIM to bear the costs.





Plea in law







—


The Board of Appeal erred in identifying the relevant public;










—


The Board of Appeal erred in holding that the relevant public will display an average level of attention;










—


The Board of Appeal erred by ignoring the significant visual elements of the applied for mark;










—


The Board of Appeal erred by finding phonetic similarity between the marks;










—


The Board of Appeal erred in basing the decision on finding that the earlier enjoys enhanced distinctiveness for energy drinks in paragraph 42 of the decision;










—


The Board of Appeal erred in finding a likelihood of confusion.
Council Decision (EU) 2015/2312 of 30 November 2015 on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto
Date: 2015-11-30
Institutions: Council of the European Union
Subjects: Liberia, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, interim agreement (EU), sea fishing, signature of an agreement








L_2015328EN.01000101.xml










12.12.2015   


EN


Official Journal of the European Union


L 328/1








            COUNCIL DECISION (EU) 2015/2312
of 30 November 2015
         
on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Union and the Republic of Liberia have negotiated a Sustainable Fisheries Partnership Agreement (hereinafter referred to as ‘the Agreement’) and an Implementation Protocol thereto (hereinafter referred to as ‘the Protocol’), granting Union vessels fishing opportunities in the waters over which the Republic of Liberia has sovereignty or jurisdiction.












(2)


Negotiations were successfully finalised and the Agreement and the Protocol were initialled on 5 June 2015.












(3)


Article 15 of the Agreement and Article 12 of the Protocol provide for the provisional application of the Agreement and the Protocol from the date of their signature.












(4)


The Agreement and the Protocol should be signed, and applied on a provisional basis, pending the completion of the procedures necessary for their conclusion,





HAS ADOPTED THIS DECISION:



Article 1
The signing, on behalf of the Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and of the Implementation Protocol thereto is hereby authorised, subject to the conclusion of the said Agreement and Protocol.
The texts of the Agreement and the Protocol are attached to this Decision.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Protocol on behalf of the Union.


Article 3
The Agreement and the Protocol shall be applied on a provisional basis as from the date of their signature, pending the completion of the procedures necessary for their conclusion.


Article 4
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 30 November 2015.


For the Council


The President

É. SCHNEIDER
Commission Decision of 30 November 2015 on public holidays for 2017 for the institutions of the European Union
Date: 2015-11-30
Institutions: European Commission
Subjects: EU institution, public holiday








C_2015400EN.01000301.xml










2.12.2015   


EN


Official Journal of the European Union


C 400/3





COMMISSION DECISION
of 30 November 2015
on public holidays for 2017 for the institutions of the European Union
(2015/C 400/03)

PUBLIC HOLIDAYS FOR 2017







2 January


Monday, day following New Year's Day




13 April


Maundy Thursday




14 April


Good Friday




17 April


Easter Monday




1 May


Monday, Labour Day




9 May


Tuesday, Anniversary of the Declaration by President Schuman in 1950




25 May


Thursday, Ascension Day




26 May


Friday, day following Ascension Day




5 June


Whit Monday




21 July


Friday, Belgian National Holiday




15 August


Tuesday, Assumption Day




1 November


Wednesday, All Saints' Day




2 November


Thursday, All Souls' Day




25 December
to
29 December


Monday
5 end-of-year days
Friday




TOTAL


18 days




Luxembourg: the above dates also apply to Luxembourg, except that Friday 21 July is replaced by Friday 23 June, the Luxembourg national holiday.
Work will resume as normal on Wednesday 3 January 2018.
Without prejudice to the schedule of public holidays for 2018, Monday 1 January and Tuesday 2 January 2018 will be holidays.
The Commission reserves the right to modify this decision, should the needs of service so require.
Commission Regulation (EU) 2015/2230 of 30 November 2015 establishing a prohibition of fishing for greater forkbeard in Union and international waters of VIII and IX by vessels flying the flag of Spain
Date: 2015-11-30
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, deep-sea fishing, fishing rights, international waters, sea fish, ship's flag








L_2015317EN.01001701.xml










3.12.2015   


EN


Official Journal of the European Union


L 317/17








            COMMISSION REGULATION (EU) 2015/2230
of 30 November 2015
         
establishing a prohibition of fishing for greater forkbeard in Union and international waters of VIII and IX by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 1367/2014 (2) lays down quotas for 2015.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2015.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2015 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 30 November 2015.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).




ANNEX






No


60/DSS




Member State


Spain




Stock


GFB/89-




Species


Greater forkbeard (Phycis blennoides)




Zone


Union and international waters of VIII and IX




Closing date


14.10.2015