do-me/EUR-LEX huggingface dataset:
Joined Cases T-381/13 and T-382/13: Judgment of the General Court of 16 December 2015 — Perfetti Van Melle v OHIM (DAISY and MARGARITAS) (Community trade mark — Application for Community word marks DAISY and MARGARITAS — Absolute grounds for refusal — Partial refusal to register — No distinctive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2015-12-16
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2016048EN.01004501.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/45





Judgment of the General Court of 16 December 2015 — Perfetti Van Melle v OHIM (DAISY and MARGARITAS)
(Joined Cases T-381/13 and T-382/13) (1)

((Community trade mark - Application for Community word marks DAISY and MARGARITAS - Absolute grounds for refusal - Partial refusal to register - No distinctive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2016/C 048/50)
Language of the case: Italian

Parties


Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by: P. Testa, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)

Re:

Actions brought against two decisions of the First Board of Appeal of OHIM of 10 April 2013 (Cases R 427/2012-1 and R 430/2012-1), concerning applications for registration of the word sign DAISY and the word sign MARGARITAS as Community trade marks.

Operative part of the judgment

The Court:






1.


Annuls the two decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 April 2013 (Cases R 427/2012-1 and R 430/2012-1), in so far as they rejected the applications for registration of the word sign DAISY and the word sign MARGARITAS as Community trade marks in respect of the following goods: ‘confectionery, pastries, sweets, soft caramels, marshmallows, caramels, chewing gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa’;










2.


Orders OHIM to pay the costs.






(1)  OJ C 274, 21.9.2013.
Case T-491/13: Judgment of the General Court of 16 December 2015 — Perfetti Van Melle Benelux v OHIM — Intercontinental Great Brands (TRIDENT PURE) (Community trade mark — Opposition proceedings — Application for Community word mark TRIDENT PURE — Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-12-16
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2016048EN.01004601.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/46





Judgment of the General Court of 16 December 2015 — Perfetti Van Melle Benelux v OHIM — Intercontinental Great Brands (TRIDENT PURE)
(Case T-491/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark TRIDENT PURE - Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 048/51)
Language of the case: English

Parties


Applicant: Perfetti Van Melle Benelux BV (Breda, Netherlands) (represented by: P. Perani, G. Ghisletti and F. Braga, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Intercontinental Great Brands LLC (East Hanover, New Jersey, United States) (represented by: M. Haak, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2013 (Case R 706/2012-4) concerning opposition proceedings between Perfetti Van Melle Benelux BV and Kraft Foods Global Brands LLC.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Perfetti Van Melle Benelux BV to pay the costs.






(1)  OJ C 344, 23.11.2013.
Case T-521/14: Judgment of the General Court of 16 December 2015 — Sweden v Commission (Regulation (EU) No 528/2012 — Biocidal products — Action for failure to act — Specification of the scientific criteria for the determination of endocrine-disrupting properties — Failure by the Commission to adopt delegated acts — Duty to act)
Date: 2015-12-16
Institutions: General Court
Subjects: chemical product, delegated legislation, endocrine disease, scientific report, transfer of competence








C_2016048EN.01004801.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/48





Judgment of the General Court of 16 December 2015 — Sweden v Commission
(Case T-521/14) (1)

((Regulation (EU) No 528/2012 - Biocidal products - Action for failure to act - Specification of the scientific criteria for the determination of endocrine-disrupting properties - Failure by the Commission to adopt delegated acts - Duty to act))
(2016/C 048/54)
Language of the case: Swedish

Parties


Applicant: Kingdom of Sweden (represented by: A. Falk, K. Sparrman and L. Swedenborg, acting as Agents)

Defendant: European Commission (represented by: D. Kukovec, acting as Agent, and M. Johansson, lawyer)

Interveners in support of the form of order sought by the applicant: Kingdom of Denmark (represented by: C. Thorning and N. Lyshøj, acting as Agents); French Republic (represented by: D. Colas and S. Ghiandoni, acting as Agents); Kingdom of the Netherlands (represented initially by: M. Bulterman and M. Noort, and subsequently by: M. Bulterman and C. Schillemans, acting as Agents); Republic of Finland (represented by: H. Leppo, acting as Agent); European Parliament (represented by: A. Neergaard and P. Schonard, acting as Agents) and Council of the European Union (represented by: M. Moore and A. Norberg, acting as Agents)

Re:

Application for a declaration that the Commission unlawfully failed to adopt delegated acts concerning the scientific criteria for the determination of endocrine-disrupting properties.

Operative part of the judgment

The Court:






1.


Declares that the European Commission, by failing to adopt delegated acts to specify scientific criteria for the determination of endocrine-disrupting properties, has failed to fulfil its obligations under the first subparagraph of Article 5(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products;










2.


Orders the Commission to bear its own costs and to pay the costs incurred by the Kingdom of Sweden;










3.


Orders the Kingdom of Denmark, the French Republic, the Kingdom of the Netherlands, the Republic of Finland, the European Parliament and the Council of the European Union to bear their own costs.






(1)  OJ C 431, 1.12.2014.
Case T-241/13: Judgment of the General Court of 16 December 2015 — Greece v Commission (EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from the financing — Beef and beef products — Sheepmeat and goatmeat — Tobacco — Article 69 of Regulation (EC) No 1782/2003 — Article 31(2) of Regulation (EC) No 1290/2005 — Article 23(1) of Regulation (EC) No 796/2004)
Date: 2015-12-16
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF Guarantee Section, aid recipient, aid to agriculture, eligibility criteria, goatmeat, sheepmeat, tobacco, veal








C_2016048EN.01004401.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/44





Judgment of the General Court of 16 December 2015 — Greece v Commission
(Case T-241/13) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from the financing - Beef and beef products - Sheepmeat and goatmeat - Tobacco - Article 69 of Regulation (EC) No 1782/2003 - Article 31(2) of Regulation (EC) No 1290/2005 - Article 23(1) of Regulation (EC) No 796/2004))
(2016/C 048/49)
Language of the case: Greek

Parties


Applicant: The Hellenic Republic (represented by: I. Chalkias, S. Papaïoannou and A. Vasilopoulou, acting as Agents)

Defendant: European Commission (represented by: A. Marcoulli and D. Triantafyllou, acting as Agents)

Re:

ACTION for annulment of Commission Implementing Decision 2013/123/EU of 26 February 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 2013 L 67, p. 20), so far as it excludes certain expenditure carried out by the Hellenic Republic.

Operative part of the judgment

The Court:






1.


Annuls Commission Implementing Decision 2013/123/EU of 26 February 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 2013 L 67, p. 20), so far as it excludes certain expenditure carried out by the Hellenic Republic in the tobacco sector, in respect of claim year 2006;










2.


Dismisses the action for the remainder;










3.


Orders the European Commission and the Hellenic Republic to bear their own costs.






(1)  OJ C 207, 20.7.2013.
Council Implementing Regulation (EU) 2015/2350 of 16 December 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2015-12-16
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, international sanctions, legal person, natural person, trade restriction








L_2015331EN.01000101.xml










17.12.2015   


EN


Official Journal of the European Union


L 331/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2015/2350
of 16 December 2015
         
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.












(2)


One person and two entities should no longer be kept on the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex II to Regulation (EU) No 36/2012.












(3)


Regulation (EU) No 36/2012 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.


Article 2
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, 16 December 2015.


For the Council


The President

C. DIESCHBOURG
            





(1)  
            OJ L 16, 19.1.2012, p. 1.




ANNEX
The person and two entities listed below, as well as their related entries, are hereby deleted from the list set out in Annex II to Regulation (EU) No 36/2012:
A.   Persons
No 205 Samir Hamsho
B.   Entities
No 68. Syria Steel SA
No 69. Al Buroj Trading
Council Decision (EU) 2015/2397 of 16 December 2015 appointing a Spanish member and a Spanish alternate member of the Committee of the Regions
Date: 2015-12-16
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2015332EN.01014401.xml










18.12.2015   


EN


Official Journal of the European Union


L 332/144








            COUNCIL DECISION (EU) 2015/2397
of 16 December 2015
         
appointing a Spanish member and a Spanish 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 Spanish 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)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Paulino RIVERO BAUTE.












(3)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Javier GONZALEZ ORTIZ,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as member:






—


D. Fernando CLAVIJO BATLLE, Presidente del Gobierno de Canarias,




and










(b)


as alternate member:






—


Da Maria Luisa de MIGUEL ANASAGASTI, Directora General de Asuntos Económicos con la Unión Europea del Gobierno de Canarias.










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




Done at Brussels, 16 December 2015.


For the Council


The President

C. DIESCHBOURG
            





(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.
Council Decision (EU) 2015/2361 of 16 December 2015 appointing an Italian member and an Italian alternate member of the Committee of the Regions
Date: 2015-12-16
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2015331EN.01002901.xml










17.12.2015   


EN


Official Journal of the European Union


L 331/29








            COUNCIL DECISION (EU) 2015/2361
of 16 December 2015
         
appointing an Italian member and an Italian 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 Italian 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)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Ignazio MARINO.












(3)


An alternate member's seat would become vacant following the appointment of Mr Antonio DECARO as a member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as member:






—


Sig. Antonio DECARO, Sindaco di Bari;




and










(b)


as alternate member:






—


Sig. Andrea BALLARÈ, Sindaco di Novara,










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




Done at Brussels, 16 December 2015.


For the Council


The President

C. DIESCHBOURG
            





(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-63/11: Judgment of the General Court of 16 December 2015 — Air France v Commission (Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)
Date: 2015-12-16
Institutions: General Court
Subjects: additional duty, air transport, carriage of goods, cartel, control of restrictive practices, fine, infringement of EU law, international cartel, price agreement








C_2016048EN.01004001.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/40





Judgment of the General Court of 16 December 2015 — Air France v Commission
(Case T-63/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))
(2016/C 048/44)
Language of the case: French

Parties


Applicant: Société Air France SA (Roissy-en-France, France) (represented by: A. Wachsmann and S. Thibault-Liger, lawyers)

Defendant: European Commission (represented initially by C. Giolito, S. Noë and N. von Lingen, acting as Agents, and B. Lebrun, lawyer, and subsequently by C. Giolito and A. Dawes, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón, M. Simm and M. Balta, acting as Agents)

Re:

Application, principally, for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns the applicant, or, at the very least, for annulment of Article 5(b) of that decision, in so far as it imposes a fine on the applicant, or for the reduction of that fine.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Société Air France SA;










2.


Orders the European Commission to bear its own costs and to pay those of Société Air France SA;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 95, 26.3.2011.
Council Decision (EU) 2015/2360 of 16 December 2015 appointing a Greek member and a Greek alternate member of the Committee of the Regions
Date: 2015-12-16
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Greece, appointment of members








L_2015331EN.01002801.xml










17.12.2015   


EN


Official Journal of the European Union


L 331/28








            COUNCIL DECISION (EU) 2015/2360
of 16 December 2015
         
appointing a Greek member and a Greek 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 Greek 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)


On 10 December 2015, a member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Dimitrios KALOGEROPOULOS (politically accountable to the Municipal Council of Maroussi) was proposed.












(3)


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





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as member:






—


Mr Dimitrios KALOGEROPOULOS, Politically accountable to the Municipal Council of Palaio Faliro (change of mandate);




and










(b)


as alternate member:






—


Mr Georgios PATOULIS, Mayor of Maroussi,










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




Done at Brussels, 16 December 2015.


For the Council


The President

C. DIESCHBOURG
            





(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.
Judgment of the Court of 16 December 2015 in Case E-18/15 — EFTA Surveillance Authority v Iceland (Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2010/65/EU on reporting formalities for ships)
Date: 2015-12-16
Institutions: EFTA Court
Subjects: EFTA, Iceland, administrative formalities, harbour installation, maritime transport








C_2017002EN.01000402.xml










5.1.2017   


EN


Official Journal of the European Union


C 2/4





JUDGMENT OF THE COURT
of 16 December 2015
in Case E-18/15
EFTA Surveillance Authority v Iceland
(Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Directive 2010/65/EU on reporting formalities for ships)
(2017/C 2/05)
APPLICATION for a declaration that Iceland has failed to fulfil its obligations under Article 14 of the Act referred to at point 56l of Chapter V of Annex XIII to the Agreement on the European Economic Area (Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC) as adapted to the Agreement under its Protocol 1, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 16 December 2015, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under Article 14 of the Act referred to at point 56l of Chapter V of Annex XIII to the Agreement on the European Economic Area (Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC) as adapted to the Agreement under its Protocol 1, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed.










2.


Orders Iceland to bear the costs of the proceedings.