do-me/EUR-LEX huggingface dataset:
Case T-842/14: Judgment of the General Court of 5 February 2016 — Airpressure Bodyforming v OHIM (Slim legs by airpressure bodyforming) (Community trade mark — Application for Community word mark Slim legs by airpressure bodyforming — Refusal of registration by the examiner — Absolute grounds for refusal — Descriptive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2016-02-05
Institutions: General Court
Subjects: EU trade mark, new technology, registered trade mark, sports equipment, trade-mark law








C_2016106EN.01003401.xml










21.3.2016   


EN


Official Journal of the European Union


C 106/34





Judgment of the General Court of 5 February 2016 — Airpressure Bodyforming v OHIM (Slim legs by airpressure bodyforming)
(Case T-842/14) (1)

((Community trade mark - Application for Community word mark Slim legs by airpressure bodyforming - Refusal of registration by the examiner - Absolute grounds for refusal - Descriptive character - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2016/C 106/38)
Language of the case: German

Parties


Applicant: Airpressure Bodyforming GmbH (Berchtesgaden, Germany) (represented by: S. Merz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Martini and M. Fischer, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 29 October 2014 (Case R 1570/2014-5) concerning an application for registration of the word sign Slim legs by airporessure bodyforming as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Airpressure Bodyforming GmbH to pay the costs.






(1)  OJ C 65, 23.3.2015.
Case F-107/15: Order of the Civil Service Tribunal (Second Chamber) of 5 February 2016 — Fedtke v EESC (Civil Service — Officials — Automatic retirement — Retirement age — Application to remain in service beyond the age limit — Second paragraph of Article 52 of the Staff Regulations — Interest of the service — Article 82 of the Rules of Procedure — Absolute bar to proceeding — Irregularity of the pre-litigation procedure)
Date: 2016-02-05
Institutions: Civil Service Tribunal
Subjects: European official, pension scheme, retirement conditions








C_2016106EN.01005002.xml










21.3.2016   


EN


Official Journal of the European Union


C 106/50





Order of the Civil Service Tribunal (Second Chamber) of 5 February 2016 — Fedtke v EESC
(Case F-107/15) (1)

((Civil Service - Officials - Automatic retirement - Retirement age - Application to remain in service beyond the age limit - Second paragraph of Article 52 of the Staff Regulations - Interest of the service - Article 82 of the Rules of Procedure - Absolute bar to proceeding - Irregularity of the pre-litigation procedure))
(2016/C 106/61)
Language of the case: French

Parties


Applicant: Ingrid Fedtke (Wezembeek-Oppen, Belgium) (represented by: M.-A. Lucas, lawyer)

Defendant: European Economic and Social Committee (represented by: K. Gambino, A. Carvajal, L. Camerena Januzec and X. Chamodraka, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision placing the applicant in retirement with effect from 31 December 2014 and the decision rejecting her application for an extension of her service.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Ms Fedtke shall bear her own costs and shall pay the costs incurred by the European Economic and Social Committee.






(1)  OJ C 320, 28.9.2015, p. 53.
Case T-135/14: Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp) (Community trade mark — Opposition proceedings — Application for Community word mark kicktipp — Earlier national word mark KICKERS — Rule 19 of Regulation (EC) No 2868/95 — Rule 98(1) of Regulation No 2868/95 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2016-02-05
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, trade-mark law








C_2016106EN.01003101.xml










21.3.2016   


EN


Official Journal of the European Union


C 106/31





Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)
(Case T-135/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark kicktipp - Earlier national word mark KICKERS - Rule 19 of Regulation (EC) No 2868/95 - Rule 98(1) of Regulation No 2868/95 - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 106/34)
Language of the case: English

Parties


Applicant: Kicktipp GmbH (Dusseldorf, Germany) (represented by: A. Dreyer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Società Italiana Calzature Srl (Milan, Italy) (represented by: G. Cantaluppi, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 12 December 2013 (Case R 1061/2012-2), relating to opposition proceedings between Società Italiana Calzature Srl and Kicktipp GmbH.

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 12 December 2013 (Case R 1061/2012-2);










2.


Orders OHIM to bear its own costs and to pay those incurred by Kicktipp GmbH;










3.


Orders Società Italiana Calzature Srl to bear its own costs.






(1)  OJ C 135, 5.5.2014.
Case F-62/15: Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Clausen and Kristoffersen v Parliament (Civil service — Retired officials — Retirement pensions — Article 64 of the Staff Regulations — Weightings — Annual update of weightings — Article 65(2) of the Staff Regulations — Interim update — Articles 3, 4 and 8 of Annex XI to the Staff Regulations — Sensitivity threshold — Change in the cost of living — Article 65(4) of the Staff Regulations — Decision by the legislature not to update the weightings for 2013 and 2014 — Scope — Regulation No 1416/2013 — Over-estimation of the weighting for Denmark — Reduction of the weighting through the interim update mechanism — Misuse of powers)
Date: 2016-02-05
Institutions: Civil Service Tribunal
Subjects: Denmark, European official, indemnification, pension scheme, residence, staff regulations (EU)








C_2016106EN.01004901.xml










21.3.2016   


EN


Official Journal of the European Union


C 106/49





Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Clausen and Kristoffersen v Parliament
(Case F-62/15) (1)

((Civil service - Retired officials - Retirement pensions - Article 64 of the Staff Regulations - Weightings - Annual update of weightings - Article 65(2) of the Staff Regulations - Interim update - Articles 3, 4 and 8 of Annex XI to the Staff Regulations - Sensitivity threshold - Change in the cost of living - Article 65(4) of the Staff Regulations - Decision by the legislature not to update the weightings for 2013 and 2014 - Scope - Regulation No 1416/2013 - Over-estimation of the weighting for Denmark - Reduction of the weighting through the interim update mechanism - Misuse of powers))
(2016/C 106/59)
Language of the case: French

Parties


Applicants: Svend Leon Clausen (Jyllinge, Denmark) and Niels Kristoffersen (Køge, Denmark) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Parliament (represented by: E. Taneva and L. Deneys, acting as Agents)

Re:

Application for annulment of the decisions to reduce the weighting applicable to the pensions of the applicants, who are resident in Denmark, as is apparent from their pension receipts for June 2014, and a claim for compensation for the non-material damage which they claim to have suffered as a result of the different and contradictory information used to support the contested decisions.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Clausen and Mr Kristoffersen to bear their own costs and to pay the costs incurred by the European Parliament.






(1)  OJ C 213, 29.6.2015, p. 49.
Decision of the EEA Joint Committee No 35/2016 of 5 February 2016 amending Annex XXI (Statistics) to the EEA Agreement [2017/1318]
Date: 2016-02-05
Institutions: EEA Joint Committee
Subjects: European Economic Area, Eurostat, adult education, continuing education, continuing vocational training, data collection, education statistics, exchange of information, revision of an agreement, statistics




L_2017189EN.01005501.xml










20.7.2017   


EN


Official Journal of the European Union


L 189/55








            DECISION OF THE EEA JOINT COMMITTEE
         
No 35/2016
of 5 February 2016
         
amending Annex XXI (Statistics) to the EEA Agreement [2017/1318]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 1175/2014 of 30 October 2014 implementing Regulation (EC) No 452/2008 of the European Parliament and of the Council concerning the production and development of statistics on education and lifelong learning, as regards statistics on the participation of adults in lifelong learning and repealing Commission Regulation (EU) No 823/2010 (1) is to be incorporated into the EEA Agreement.












(2)


Regulation (EU) No 1175/2014 repeals Commission Regulation (EU) No 823/2010 (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(3)


Annex XXI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The text of point 18wa (Commission Regulation (EU) No 823/2010) of Annex XXI to the EEA Agreement is replaced by the following:


                  ‘
                  32014 R 1175: Commission Regulation (EU) No 1175/2014 of 30 October 2014 implementing Regulation (EC) No 452/2008 of the European Parliament and of the Council concerning the production and development of statistics on education and lifelong learning, as regards statistics on the participation of adults in lifelong learning and repealing Commission Regulation (EU) No 823/2010 (OJ L 316, 4.11.2014, p. 4).’
               



Article 2
The text of Regulation (EU) No 1175/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 February 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 February 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 316, 4.11.2014, p. 4.

(2)  
            OJ L 246, 18.9.2010, p. 33.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 31/2016 of 5 February 2016 amending Annex XX (Environment) to the EEA Agreement [2017/1314]
Date: 2016-02-05
Institutions: European Commission
Subjects: European Economic Area, air quality, environmental impact, environmental monitoring, evaluation method, pollution control, prevention of pollution, quality standard, revision of an agreement




L_2017189EN.01005001.xml










20.7.2017   


EN


Official Journal of the European Union


L 189/50








            DECISION OF THE EEA JOINT COMMITTEE
         
No 31/2016
of 5 February 2016
         
amending Annex XX (Environment) to the EEA Agreement [2017/1314]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive (EU) 2015/1480 of 28 August 2015 amending several annexes to Directives 2004/107/EC and 2008/50/EC of the European Parliament and of the Council laying down the rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in points 14c (Directive 2008/50/EC of the European Parliament and of the Council) and 21ak (Directive 2004/107/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:

                  ‘, as amended by:






—



32015 L 1480: Commission Directive (EU) 2015/1480 of 28 August 2015 (OJ L 226, 29.8.2015, p. 4).’
                     






Article 2
The text of Directive (EU) 2015/1480 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 February 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 February 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 226, 29.8.2015, p. 4.

(*1)  No constitutional requirements indicated.
Case C-445/15: Order of the President of the Court of 5 February 2016 (request for a preliminary ruling from the High Court of Justice Queen's Bench Division (Administrative Court) — United Kingdom) — The Queen, on the application of Nutricia Limited v Secretary of State for Health
Date: 2016-02-05
Institutions: Court of Justice
Subjects: consumer information, dietary product, food supplement, foodstuff, foodstuffs legislation, human nutrition, labelling, product designation








C_2016136EN.01002303.xml










18.4.2016   


EN


Official Journal of the European Union


C 136/23





Order of the President of the Court of 5 February 2016 (request for a preliminary ruling from the High Court of Justice Queen's Bench Division (Administrative Court) — United Kingdom) — The Queen, on the application of Nutricia Limited v Secretary of State for Health
(Case C-445/15) (1)

(2016/C 136/31)
Language of the case: English
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 354, 26.10.2015.
Decision of the EEA Joint Committee No 22/2016 of 5 February 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1305]
Date: 2016-02-05
Institutions: EEA Joint Committee
Subjects: European Economic Area, Spain, consumer information, designation of origin, labelling, product designation, revision of an agreement, spirits




L_2017189EN.01003201.xml










20.7.2017   


EN


Official Journal of the European Union


L 189/32








            DECISION OF THE EEA JOINT COMMITTEE
         
No 22/2016
of 5 February 2016
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1305]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2015/210 of 10 February 2015 amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding spirit drinks. Legislation regarding spirit drinks shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XXVII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 9 (Regulation (EC) No 110/2008 of the European Parliament and of the Council) of Chapter XXVII of Annex II to the EEA Agreement:






‘—



32015 R 0210: Commission Regulation (EU) 2015/210 of 10 February 2015 (OJ L 35, 11.2.2015, p. 16).’






Article 2
The text of Regulation (EU) 2015/210 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 February 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 February 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 35, 11.2.2015, p. 16.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 9/2016 of 5 February 2016 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2017/1292]
Date: 2016-02-05
Institutions: EEA Joint Committee
Subjects: European Economic Area, barley, cereal-growing, marketing standard, plant breeding, revision of an agreement, rye, seed, transgenic plant




L_2017189EN.01001401.xml










20.7.2017   


EN


Official Journal of the European Union


L 189/14








            DECISION OF THE EEA JOINT COMMITTEE
         
No 9/2016
of 5 February 2016
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2017/1292]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Directive (EU) 2015/1955 of 29 October 2015 amending Annexes I and II to Council Directive 66/402/EEC on the marketing of cereal seed (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding phytosanitary matters. Legislation regarding phytosanitary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 3 (Council Directive 66/402/EEC) in Part 1 of Chapter III of Annex I to the EEA Agreement:






‘—



32015 L 1955: Commission Implementing Directive (EU) 2015/1955 of 29 October 2015 (OJ L 284, 30.10.2015, p. 142).’






Article 2
The text of Implementing Directive (EU) 2015/1955 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 February 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 February 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 284, 30.10.2015, p. 142.

(*1)  No constitutional requirements indicated.
Case T-54/16: Action brought on 5 February 2016 — Netguru v EUIPO (NETGURU)
Date: 2016-02-05
Institutions: General Court
Subjects: EU trade mark, computer equipment, registered trade mark, software, trade-mark law








C_2016111EN.01003402.xml










29.3.2016   


EN


Official Journal of the European Union


C 111/34





Action brought on 5 February 2016 — Netguru v EUIPO (NETGURU)
(Case T-54/16)
(2016/C 111/41)
Language in which the application was lodged: Polish

Parties


Applicant: Netguru sp. z o.o. (Poznań, Poland) (represented by: K. Jarosiński, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: European Union word mark ‘NETGURU’ — Application for registration No 12 994 166

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 December 2015 in Case R 144/2015-5

Form of order sought

The applicant claims that the Court should:






—


set aside in its entirety the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office of 18 December 2015 in Case R 144/2015-5;










—


order EUIPO to pay the costs, including the costs of the proceedings before the Board of Appeal.





Pleas in law







—


Breach of Article 41(2)(c) of the Charter of Fundamental Rights of the European Union and of Article 75 of Regulation No 207/2009;










—


Breach of Article 76(2) of Regulation No 207/2009;










—


Misapplication of Article 7(1)(b) and (c) of Regulation No 207/2009.
Euro exchange rates
Date: 2016-02-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2016044EN.01000201.xml










5.2.2016   


EN


Official Journal of the European Union


C 44/2





Euro exchange rates (1)

4 February 2016
(2016/C 44/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1206




JPY


Japanese yen


131,49




DKK


Danish krone


7,4629




GBP


Pound sterling


0,76595




SEK


Swedish krona


9,4036




CHF


Swiss franc


1,1169




ISK


Iceland króna


 




NOK


Norwegian krone


9,5375




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,021




HUF


Hungarian forint


310,49




PLN


Polish zloty


4,4152




RON


Romanian leu


4,5087




TRY


Turkish lira


3,2500




AUD


Australian dollar


1,5546




CAD


Canadian dollar


1,5366




HKD


Hong Kong dollar


8,7277




NZD


New Zealand dollar


1,6678




SGD


Singapore dollar


1,5720




KRW


South Korean won


1 336,75




ZAR


South African rand


17,7670




CNY


Chinese yuan renminbi


7,3691




HRK


Croatian kuna


7,6610




IDR


Indonesian rupiah


15 269,96




MYR


Malaysian ringgit


4,6125




PHP


Philippine peso


53,366




RUB


Russian rouble


86,0790




THB


Thai baht


39,952




BRL


Brazilian real


4,3486




MXN


Mexican peso


20,3101




INR


Indian rupee


75,8600






(1)  Source: reference exchange rate published by the ECB.