do-me/EUR-LEX huggingface dataset:
Case T-563/13: Judgment of the General Court of 10 December 2015 — Belgium v Commission (EAGF — Expenditure excluded from financing — Expenditure incurred by Belgium — Fruit and vegetables — Obligation to state reasons — Conditions for recognition of a producer organisation — Outsourcing of core activities by a producer organisation — Amount to be excluded — Proportionality)
Date: 2015-12-10
Institutions: General Court
Subjects: Belgium, EAFRD, EAGF, EAGGF, agricultural expenditure, aid to agriculture, distribution of EU funding, financing level, fruit, vegetable








C_2016038EN.01004702.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/47





Judgment of the General Court of 10 December 2015 — Belgium v Commission
(Case T-563/13) (1)

((EAGF - Expenditure excluded from financing - Expenditure incurred by Belgium - Fruit and vegetables - Obligation to state reasons - Conditions for recognition of a producer organisation - Outsourcing of core activities by a producer organisation - Amount to be excluded - Proportionality))
(2016/C 038/61)
Language of the case: Dutch

Parties


Applicant: Kingdom of Belgium (represented by: J.-C. Halleux and M. Jacobs, acting as Agents, assisted by F. Tuytschaever and M. Varga, lawyers)

Defendant: European Commission (represented by: H. Kranenborg and P. Rossi, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2013/433/EU of 13 August 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ L 219, p. 49), in so far as it concerns certain expenditure incurred by the Kingdom of Belgium or, in any event, limitation of the amount which must be excluded from financing.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


The Kingdom of Belgium is ordered to pay the costs.






(1)  OJ C 367, 14.12.2013.
Case C-350/14: Judgment of the Court (Fourth Chamber) of 10 December 2015 (request for a preliminary ruling from the Tribunale civile di Trieste — Italy) — Florin Lazar v Allianz SpA (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation No 864/2007 — Article 4(1) — Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ — Damage sustained personally by a family member of a person who died as a result of a road traffic accident — Applicable law)
Date: 2015-12-10
Institutions: Court of Justice
Subjects: civil liability proceedings, damages, judicial cooperation in civil matters in the EU, private international law, transport accident








C_2016048EN.01000301.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/3





Judgment of the Court (Fourth Chamber) of 10 December 2015 (request for a preliminary ruling from the Tribunale civile di Trieste — Italy) — Florin Lazar v Allianz SpA
(Case C-350/14) (1)

((Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Regulation No 864/2007 - Article 4(1) - Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ - Damage sustained personally by a family member of a person who died as a result of a road traffic accident - Applicable law))
(2016/C 048/03)
Language of the case: Italian

Referring court

Tribunale civile di Trieste

Parties to the main proceedings


Applicant: Florin Lazar

Defendant: Allianz SpA

Operative part of the judgment

Article 4(1) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (‘Rome II’), must be interpreted, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision.


(1)  OJ C 351, 6.10.2014.
Case T-690/14: Judgment of the General Court of 10 December 2015 — Sony Computer Entertainment Europe v OHIM — Marpefa (Vieta) (Community trade mark — Revocation proceedings — Community figurative mark Vieta — Genuine use of the mark — Nature of use — Article 15(1) and Article 51(2) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character of the mark — Proof of use for the registered goods)
Date: 2015-12-10
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, registered trade mark, trade-mark law








C_2016038EN.01005101.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/51





Judgment of the General Court of 10 December 2015 — Sony Computer Entertainment Europe v OHIM — Marpefa (Vieta)
(Case T-690/14) (1)

((Community trade mark - Revocation proceedings - Community figurative mark Vieta - Genuine use of the mark - Nature of use - Article 15(1) and Article 51(2) of Regulation (EC) No 207/2009 - Form differing in elements which do not alter the distinctive character of the mark - Proof of use for the registered goods))
(2016/C 038/66)
Language of the case: English

Parties


Applicant: Sony Computer Entertainment Europe Limited (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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, intervening before the General Court: Marpefa, SL (Barcelona, Spain) (represented by: I. Barroso Sánchez-Lafuente, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 July 2014 (Case R 2100/2013-2), relating to revocation proceedings between Sony Computer Entertainment Europe Limited and Marpefa, SL.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 July 2014 (Case R 2100/2013-2) in so far as it dismissed the appeal against the decision of the Cancellation Division to reject the application for the revocation of the Community figurative mark Vieta for ‘apparatus for the reproduction of sound and images’;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 431, 1.12.2014.
Case C-183/15: Judgment of the Court (Seventh Chamber) of 10 December 2015 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — TSI GmbH v Hauptzollamt Aachen (Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Sub-heading 9027 10 10 — Ultraviolet aerodynamic particle sizer spectrometers — Handheld particle counters)
Date: 2015-12-10
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, measuring equipment, scientific apparatus








C_2016048EN.01000602.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/6





Judgment of the Court (Seventh Chamber) of 10 December 2015 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — TSI GmbH v Hauptzollamt Aachen
(Case C-183/15) (1)

((Reference for a preliminary ruling - Common Customs Tariff - Tariff classification - Combined Nomenclature - Sub-heading 9027 10 10 - Ultraviolet aerodynamic particle sizer spectrometers - Handheld particle counters))
(2016/C 048/09)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: TSI GmbH

Defendant: Hauptzollamt Aachen

Operative part of the judgment

The Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1031/2008 of 19 September 2008 must be interpreted as meaning that ultraviolet aerodynamic particle sizer spectrometers and handheld particle counters, such as those at issue in the main proceedings, do not fall under subheading 9027 10 10 thereof.


(1)  OJ C 254, 3.8.2015.
Case T-474/15 R: Order of the President of the General Court of 10 December 2015 — GGP Italy v Commission (Interim measures — Directive 2006/42/EC — Protection of the health and safety of consumers and workers against risks arising from the use of machinery — Measure taken by the Latvian authorities prohibiting a type of lawnmower — Commission Decision declaring the measure justified — Application to suspend operation — Lack of urgency)
Date: 2015-12-10
Institutions: General Court
Subjects: EC conformity marking, European standard, Latvia, import restriction, launching of a product, machinery, market approval, product safety, rights of the defence, safety standard








C_2016038EN.01006102.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/61





Order of the President of the General Court of 10 December 2015 — GGP Italy v Commission
(Case T-474/15 R)
((Interim measures - Directive 2006/42/EC - Protection of the health and safety of consumers and workers against risks arising from the use of machinery - Measure taken by the Latvian authorities prohibiting a type of lawnmower - Commission Decision declaring the measure justified - Application to suspend operation - Lack of urgency))
(2016/C 038/83)
Language of the case: Italian

Parties


Applicant: Global Garden Products Italy SpA (GGP Italy) (Castelfranco Veneto, Italy) (represented by: A. Villani, L. D’Amario and M. Caccialanza, lawyers)

Defendant: European Commission (represented by: G. Braga da Cruz and L. Cappelletti, acting as Agents)

Re:

Application to suspend the operation of Commission Implementing Decision (EU) 2015/902 of 10 June 2015 on a measure taken by Latvia in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a lawnmower manufactured by GGP Italy SpA (OJ 2015 L 147, p. 22).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Recommendation of the European Central Bank of 10 December 2015 to the Council of the European Union on the external auditors of Národná banka Slovenska (ECB/2015/45)
Date: 2015-12-10
Institutions: European Central Bank
Subjects: Slovakia, accountant, appointment of staff, auditing, central bank, self-employed person








C_2015425EN.01000101.xml










18.12.2015   


EN


Official Journal of the European Union


C 425/1





RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 10 December 2015
to the Council of the European Union on the external auditors of Národná banka Slovenska
(ECB/2015/45)
(2015/C 425/01)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


The mandate of Národná banka Slovenska’s current external auditors, Ernst & Young Slovakia, spol. s r.o., ended following the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015.










(3)


Národná banka Slovenska has selected Ernst & Young Slovakia, spol. s r.o. as its external auditors for the financial years 2015 and 2016,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Ernst & Young Slovakia, spol. s r.o. should be appointed as the external auditors of Národná banka Slovenska for the financial years 2015 and 2016.

Done at Frankfurt am Main, 10 December 2015.


The President of the ECB

Mario DRAGHI
Case C-553/14 P: Judgment of the Court (Seventh Chamber) of 10 December 2015 — Kyocera Mita Europe BV v European Commission (Appeal — Customs Union and Common Customs Tariff — Regulation (EU) No 861/2010 — Actions for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act not entailing implementing measures — Release of goods and communication of the amount of the duties — Use of simplified procedures or data-processing techniques)
Date: 2015-12-10
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, customs duties, customs union, data processing, exemption from customs duties








C_2016048EN.01000402.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/4





Judgment of the Court (Seventh Chamber) of 10 December 2015 — Kyocera Mita Europe BV v European Commission
(Case C-553/14 P) (1)

((Appeal - Customs Union and Common Customs Tariff - Regulation (EU) No 861/2010 - Actions for annulment - Fourth paragraph of Article 263 TFEU - Regulatory act not entailing implementing measures - Release of goods and communication of the amount of the duties - Use of simplified procedures or data-processing techniques))
(2016/C 048/06)
Language of the case: English

Parties


Appellant: Kyocera Mita Europe BV (represented by: P. De Baere, avocat, and P. Muñiz, advogado)

Other party to the proceedings: European Commission (represented by: R. Lyal, acting as Agent)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Kyocera Mita Europe BV to pay the costs.






(1)  OJ C 46, 9.2.2015.
Case C-603/14 P: Judgment of the Court (Ninth Chamber) of 10 December 2015 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Application for the word mark The English Cut — Opposition by the proprietor of the national and Community word and figurative marks including the word elements ‘El Corte Inglés’ — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Article 8(5) — Risk that the relevant public will make a connection with a trade mark which has a reputation — Degree of similarity required)
Date: 2015-12-10
Institutions: Court of Justice
Subjects: EU trade mark, clothing, registered trade mark, trade-mark law








C_2016048EN.01000601.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/6





Judgment of the Court (Ninth Chamber) of 10 December 2015 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-603/14 P) (1)

((Appeal - Community trade mark - Application for the word mark The English Cut - Opposition by the proprietor of the national and Community word and figurative marks including the word elements ‘El Corte Inglés’ - Regulation (EC) No 207/2009 - Article 8(1)(b) - Likelihood of confusion - Article 8(5) - Risk that the relevant public will make a connection with a trade mark which has a reputation - Degree of similarity required))
(2016/C 048/08)
Language of the case: Spanish

Parties


Appellant: El Corte Inglés, SA (represented by: J. Rivas Zurdo, abogado)

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

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 15 October 2014 in El Corte Inglés v OHIM — English Cut (The English Cut) (T-515/12, EU:T:2014:882) in so far as it was held in that judgment that it was apparent from the fact that the degree of similarity between the signs at issue was not sufficient to result in the application of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark that the conditions for the application of Article 8(5) of that regulation were therefore also not satisfied in the present case;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the General Court of the European Union;










4.


Reserves the costs.






(1)  OJ C 107, 30.3.2015.
Euro exchange rates
Date: 2015-12-10
Institutions: European Commission
Subjects: euro, exchange rate








C_2015410EN.01000101.xml










10.12.2015   


EN


Official Journal of the European Union


C 410/1





Euro exchange rates (1)

9 December 2015
(2015/C 410/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0941




JPY


Japanese yen


134,04




DKK


Danish krone


7,4609




GBP


Pound sterling


0,72510




SEK


Swedish krona


9,2587




CHF


Swiss franc


1,0830




ISK


Iceland króna


 




NOK


Norwegian krone


9,5370




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,021




HUF


Hungarian forint


314,70




PLN


Polish zloty


4,3404




RON


Romanian leu


4,4954




TRY


Turkish lira


3,1939




AUD


Australian dollar


1,5182




CAD


Canadian dollar


1,4847




HKD


Hong Kong dollar


8,4796




NZD


New Zealand dollar


1,6517




SGD


Singapore dollar


1,5383




KRW


South Korean won


1 293,16




ZAR


South African rand


15,9487




CNY


Chinese yuan renminbi


7,0325




HRK


Croatian kuna


7,6300




IDR


Indonesian rupiah


15 361,85




MYR


Malaysian ringgit


4,6806




PHP


Philippine peso


51,641




RUB


Russian rouble


75,9443




THB


Thai baht


39,333




BRL


Brazilian real


4,1247




MXN


Mexican peso


18,5713




INR


Indian rupee


73,1296






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2015-12-10
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing








C_2015410EN.01000201.xml










10.12.2015   


EN


Official Journal of the European Union


C 410/2





Information communicated by Member States regarding closure of fisheries
(2015/C 410/02)
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


21.11.2015




Duration


21.11-31.12.2015




Member State


Portugal




Stock or Group of stocks


COD/N3M.




Species


Cod (Gadus morhua)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


66/TQ104






(1)  OJ L 343, 22.12.2009, p. 1
Case C-552/14 P: Judgment of the Court (Seventh Chamber) of 10 December 2015 — Canon Europa NV v European Commission (Appeal — Customs Union and Common Customs Tariff — Regulation (EU) No 861/2010 — Actions for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act not entailing implementing measures — Release of goods and communication of the amount of the duties — Use of simplified procedures or data-processing techniques)
Date: 2015-12-10
Institutions: Court of Justice
Subjects: common customs tariff, customs union, data processing, tariff nomenclature








C_2016048EN.01000401.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/4





Judgment of the Court (Seventh Chamber) of 10 December 2015 — Canon Europa NV v European Commission
(Case C-552/14 P) (1)

((Appeal - Customs Union and Common Customs Tariff - Regulation (EU) No 861/2010 - Actions for annulment - Fourth paragraph of Article 263 TFEU - Regulatory act not entailing implementing measures - Release of goods and communication of the amount of the duties - Use of simplified procedures or data-processing techniques))
(2016/C 048/05)
Language of the case: English

Parties


Appellant: Canon Europa NV (represented by: P. De Baere, avocat, and P. Muñiz, advogado)

Other party to the proceedings: European Commission (represented by: R. Lyal, acting as Agent)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Canon Europa NV to pay the costs.






(1)  OJ C 46, 9.2.2015.
Case T-224/15: Order of the General Court of 10 December 2015 — Cofely Solelec and Others v Parliament (Actions for annulment — Public service contracts — Tender procedure — Rejection of a tenderer’s bid — Withdrawal of the contested act — Case not proceeding to judgment)
Date: 2015-12-10
Institutions: General Court
Subjects: award of contract, building, competition, restriction on competition, tendering








C_2016059EN.01001802.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/18





Order of the General Court of 10 December 2015 — Cofely Solelec and Others v Parliament
(Case T-224/15) (1)

((Actions for annulment - Public service contracts - Tender procedure - Rejection of a tenderer’s bid - Withdrawal of the contested act - Case not proceeding to judgment))
(2016/C 059/20)
Language of the case: French

Parties


Applicants: Cofely Solelec (Esch-sur-Alzette, Luxembourg), Mannelli & Associés SA (Bertrange, Luxembourg) and Cofely Fabricom (Brussels, Belgium) (represented: initially by V. Elvinger and S. Marx, and subsequently by S. Marx, lawyers)

Defendant: European Parliament (represented by: L. Chrétien and M. Mraz, acting as Agents)

Re:

Application for the annulment of Decision No 103299 of 27 April 2015 of the Directorate General for Infrastructures and Logistics of the European Parliament rejecting the applicants’ bid for lot 75 ‘electricity — power’ in respect of the public procurement procedure INLO-D-UPIL-T-14-A04 concerning the project to extend and modernise the Konrad Adenauer Building in Luxembourg (Luxembourg) and awarding the contract to another tenderer.

Operative part of the order







1.


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










2.


The European Parliament is to bear its own costs and is to pay those incurred by Cofely Solelec, Mannelli & Associés SA and Cofely Fabricom.






(1)  OJ C 205, 22.6.2015.