do-me/EUR-LEX huggingface dataset:
Case C-339/16 P: Appeal brought on 16 June 2016 by the Portuguese Republic against the order of the General Court (Eighth Chamber) delivered on 19 April 2016 in Case T-556/15 Portugal v Commission
Date: 2016-06-16
Institutions: Court of Justice
Subjects: EAFRD, EAGF, EU aid, agricultural expenditure, aid to agriculture








C_2016326EN.01001301.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/13





Appeal brought on 16 June 2016 by the Portuguese Republic against the order of the General Court (Eighth Chamber) delivered on 19 April 2016 in Case T-556/15 Portugal v Commission
(Case C-339/16 P)
(2016/C 326/23)
Language of the case: Portuguese

Parties


Appellant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, P. Estêvão and J. Saraiva de Almeida, acting as Agents)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside the judgment under appeal in so far as, in that judgment, the General Court accepted the plea of inadmissibility raised by the Commission in the present proceedings;










—


Declare that the appeal of the contested decision has been validly brought within the period laid down in Article 263 TFEU.










—


Order the European Commission to pay all of the costs.





Pleas in law and main arguments

The Portuguese Republic considers that the decision is invalid on the following grounds:

A — First ground — Calculation of the time-limit for bringing proceedings against the decision of 20 July 2015

First argument

Infringement of Article 263 TFEU.

Second argument

Calculation of the time-limit for bringing proceedings from the date of notification of the final decision on 20 July 2015.

B — Second Ground — Calculation of the time-limit for bringing proceedings from the date of publication of the contested decision in the Official Journal

First argument

The wording of Article 263(6) TFEU.

Second argument

The consistent practice of publishing such decisions and identical prior legal proceedings.

C — Third Ground — The General Court erred in law in so far as it did not favour an interpretation that did not result in lapse of the right to bring proceedings
Case C-341/16: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 16 June 2016 — Hanssen Beleggingen BV v Tanja Prast-Knipping
Date: 2016-06-16
Institutions: Court of Justice
Subjects: Benelux, EU Member State, civil law, commercial law, judicial cooperation in civil matters in the EU, judicial proceedings, jurisdiction, mutual recognition principle, trade mark








C_2016326EN.01001401.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/14





Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 16 June 2016 — Hanssen Beleggingen BV v Tanja Prast-Knipping
(Case C-341/16)
(2016/C 326/24)
Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings


Applicant: Hanssen Beleggingen BV

Defendant: Tanja Prast-Knipping

Question referred

Does the notion of proceedings which are ‘concerned with the registration or validity of … trade marks’, within the meaning of Article 22.4 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, (1) also cover a claim, brought against the formal proprietor of a Benelux trade mark registered in the Benelux trade mark register, which seeks an order requiring that defendant to make a declaration to the Benelux trade mark office that she has no entitlement to the contested mark and that she waives registration as the proprietor of that mark?


(1)  OJ 2001 L 12, p. 1.
Case C-200/15: Judgment of the Court (Seventh Chamber) of 16 June 2016 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Article 110 TFEU — Internal taxation — Discriminatory taxation — Second-hand motor vehicles imported from other Member States — Determination of their taxable value — Depreciation rate)
Date: 2016-06-16
Institutions: Court of Justice
Subjects: import, motor car, motor vehicle, vehicle tax








C_2016305EN.01001001.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/10





Judgment of the Court (Seventh Chamber) of 16 June 2016 — European Commission v Portuguese Republic
(Case C-200/15) (1)

((Failure of a Member State to fulfil obligations - Article 110 TFEU - Internal taxation - Discriminatory taxation - Second-hand motor vehicles imported from other Member States - Determination of their taxable value - Depreciation rate))
(2016/C 305/14)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: M. Wasmeier and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, A. Cunha, A. Brigas Afonso and N. da Silva Vitorino, Agents)

Operative part of the judgment

The Court:






1.


Declares that, in applying, in order to determine the taxable value of second-hand vehicles imported into Portugal from another Member State, a system for calculating the depreciation on the vehicles which does not take account of the depreciation on the vehicles during their first year of use or of depreciation of more than 52 % in the case of vehicles which have been used for more than five years, the Portuguese Republic has failed to fulfil its obligations under Article 110 TFEU;










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 205, 22.6.2015.
Case T-614/14: Judgment of the General Court of 16 June 2016 — Fútbol Club Barcelona v EUIPO — Kule (KULE) (European Union trade mark — Opposition proceedings — Application for European Union word mark KULE — Earlier national word marks and well-known mark CULE — Relative grounds for refusal — No genuine use of the earlier trade marks — Article 42(2) of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Article 8(5) of Regulation No 207/2009)
Date: 2016-06-16
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2016270EN.01004001.xml










25.7.2016   


EN


Official Journal of the European Union


C 270/40





Judgment of the General Court of 16 June 2016 — Fútbol Club Barcelona v EUIPO — Kule (KULE)
(Case T-614/14) (1)

((European Union trade mark - Opposition proceedings - Application for European Union word mark KULE - Earlier national word marks and well-known mark CULE - Relative grounds for refusal - No genuine use of the earlier trade marks - Article 42(2) of Regulation (EC) No 207/2009 - Article 8(1)(b) of Regulation No 207/2009 - Article 8(5) of Regulation No 207/2009))
(2016/C 270/44)
Language of the case: English

Parties


Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Zajfert and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Kule LLC (New York, New York, United States) (represented by: F. Rodgers, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 June 2014 (Case R 2375/2013-4), relating to opposition proceedings between Fútbol Club Barcelona and Kule.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Fútbol Club Barcelona to pay the costs.






(1)  OJ C 351, 6.10.2014.
Euro exchange rates
Date: 2016-06-16
Institutions: European Commission
Subjects: euro, exchange rate








C_2016216EN.01000501.xml










16.6.2016   


EN


Official Journal of the European Union


C 216/5





Euro exchange rates (1)

15 June 2016
(2016/C 216/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1230 




JPY


Japanese yen


119,29 




DKK


Danish krone


7,4356 




GBP


Pound sterling


0,79158 




SEK


Swedish krona


9,3540 




CHF


Swiss franc


1,0817 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3415 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,073 




HUF


Hungarian forint


313,86 




PLN


Polish zloty


4,4119 




RON


Romanian leu


4,5358 




TRY


Turkish lira


3,2905 




AUD


Australian dollar


1,5188 




CAD


Canadian dollar


1,4438 




HKD


Hong Kong dollar


8,7162 




NZD


New Zealand dollar


1,5974 




SGD


Singapore dollar


1,5215 




KRW


South Korean won


1 316,08 




ZAR


South African rand


17,1016 




CNY


Chinese yuan renminbi


7,3905 




HRK


Croatian kuna


7,5278 




IDR


Indonesian rupiah


15 010,63 




MYR


Malaysian ringgit


4,6054 




PHP


Philippine peso


52,032 




RUB


Russian rouble


73,7390 




THB


Thai baht


39,602 




BRL


Brazilian real


3,8945 




MXN


Mexican peso


21,1993 




INR


Indian rupee


75,3670 






(1)  Source: reference exchange rate published by the ECB.
Council Decision of 16 June 2016 appointing seven members of the Management Board of the European Food Safety Authority
Date: 2016-06-16
Institutions: Council of the European Union
Subjects: European Food Safety Authority, appointment of members, board of directors




C_2016223EN.01000701.xml










21.6.2016   


EN


Official Journal of the European Union


C 223/7





COUNCIL DECISION
of 16 June 2016
appointing seven members of the Management Board of the European Food Safety Authority
(2016/C 223/08)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 25(1) thereof,
Whereas:






(1)


It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (EFSA). It is also indispensable to ensure the cooperation of EFSA with Member States.










(2)


The term of office for seven members of the Management Board of EFSA will expire on 30 June 2016.










(3)


The list of candidates submitted by the Commission has been examined with a view to appointing seven new members of the Management Board of EFSA on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament. The aim is to secure the highest standard of competence, a broad range of relevant expertise, e.g. in management and public administration, and the broadest possible geographical distribution within the Union.










(4)


Article 25 of Regulation (EC) No 178/2002 requires that four of the members of the Management Board of EFSA have a background in organisations representing consumers and other interests in the food chain. Of the seven members whose terms expire on 30 June 2016, one of them has such a background. This member should therefore be replaced by a member having the same background,




HAS ADOPTED THIS DECISION:
Article 1
The following persons are hereby appointed as members of the Management Board of the European Food Safety Authority for the period from 1 July 2016 to 30 June 2020:






—


Aivars BĒRZIŅŠ,










—


Zita ČEPONYTĖ (*),










—


Didier HOUSSIN,










—


Jaana HUSU-KALLIO,










—


Giuseppe RUOCCO,










—


Andrej SIMONČIČ,










—


Michael WINTER.




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

Done at Luxembourg, 16 June 2016.


For the Council


The President

L. F. ASSCHER




(1)  OJ L 31, 1.2.2002, p. 1.

(*)  Background in organisations representing consumers.
Case C-159/15: Judgment of the Court (First Chamber) of 16 June 2016 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Franz Lesar v Beim Vorstand der Telekom Austria AG eingerichtetes Personalamt (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and Article 2(2)(a) — Article 6(2) — Age discrimination — Determination of pension rights of former civil servants — Periods of apprenticeship and of work — Failure to take into account such periods completed before the age of 18)
Date: 2016-06-16
Institutions: Court of Justice
Subjects: EU employment policy, European social policy, age discrimination, apprenticeship, civil servant, pension scheme, retirement conditions








C_2016305EN.01000802.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/8





Judgment of the Court (First Chamber) of 16 June 2016 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Franz Lesar v Beim Vorstand der Telekom Austria AG eingerichtetes Personalamt
(Case C-159/15) (1)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) and Article 2(2)(a) - Article 6(2) - Age discrimination - Determination of pension rights of former civil servants - Periods of apprenticeship and of work - Failure to take into account such periods completed before the age of 18))
(2016/C 305/12)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Franz Lesar

Defendant: Beim Vorstand der Telekom Austria AG eingerichtetes Personalamt

Operative part of the judgment

Articles 2(1), 2(2)(a) and 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which excludes the taking into account of periods of apprenticeship and of employment completed by a civil servant before reaching the age of 18 for the purpose of granting a pension entitlement and the calculation of the amount of his retirement pension, in so far as that legislation seeks to guarantee, within a civil service retirement scheme, a uniform age for admission to that scheme and a uniform age for entitlement to the retirement benefits provided under that scheme.


(1)  OJ C 254, 3.8.2015.
Case T-83/15: Order of the General Court of 16 June 2016 — Swatch v EUIPO — L’atelier Wysiwyg (wysiwatch WhatYouSeeIsTheWatchYouGet)
Date: 2016-06-16
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, registered trade mark, trade-mark law








C_2016305EN.01005303.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/53





Order of the General Court of 16 June 2016 — Swatch v EUIPO — L’atelier Wysiwyg (wysiwatch WhatYouSeeIsTheWatchYouGet)
(Case T-83/15) (1)

(2016/C 305/73)
Language of the case: English
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 127, 20.4.2015.
Case C-12/15: Judgment of the Court (Second Chamber) of 16 June 2016 (request for a preliminary ruling from the Hoge Raad der Nederlanden (Supreme Court of the Netherlands)) — Universal Music International Holding BV v Michael Tétreault Schilling, Irwin Schwartz, Josef Brož (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Harmful event — Lawyer’s negligence in drafting the contract — Place where the harmful event occurred)
Date: 2016-06-16
Institutions: Court of Justice
Subjects: conflict of jurisdiction, contract, crime, criminal negligence, judicial cooperation in civil matters in the EU, lawyer, liability








C_2016305EN.01000701.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/7





Judgment of the Court (Second Chamber) of 16 June 2016 (request for a preliminary ruling from the Hoge Raad der Nederlanden (Supreme Court of the Netherlands)) — Universal Music International Holding BV v Michael Tétreault Schilling, Irwin Schwartz, Josef Brož
(Case C-12/15) (1)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Special jurisdiction - Article 5(3) - Tort, delict or quasi-delict - Harmful event - Lawyer’s negligence in drafting the contract - Place where the harmful event occurred))
(2016/C 305/10)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Universal Music International Holding BV

Defendants: Michael Tétreault Schilling, Irwin Schwartz, Josef Brož

Operative part of the judgment







1.


Article 5(3) of Regulation No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in a situation such as that in the main proceedings, the ‘place where the harmful event occurred’ may not be construed as being, failing any other connecting factors, the place in a Member State where the damage occurred, when that damage consists exclusively of financial damage which materialises directly in the applicant’s bank account and is the direct result of an unlawful act committed in another Member State.










2.


In the context of the determination of jurisdiction under Regulation No 44/2001, the court seised must assess all the evidence available to it, including, where appropriate, the arguments put forward by the defendant.






(1)  OJ C 89, 16.3.2015.
Council Decision (EU, Euratom) 2016/981 of 16 June 2016 appointing a member of the Court of Auditors
Date: 2016-06-16
Institutions: Council of the European Union
Subjects: European Court of Auditors, Lithuania, appointment of members








L_2016161EN.01003901.xml










18.6.2016   


EN


Official Journal of the European Union


L 161/39








            COUNCIL DECISION (EU, Euratom) 2016/981
of 16 June 2016
         
appointing a member of the Court of Auditors


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposal by the Republic of Lithuania,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


The term of office of Ms Rasa BUDBERGYTĖ expired on 6 May 2016.












(2)


A new appointment should therefore be made,





HAS ADOPTED THIS DECISION:



Article 1
Mr Rimantas ŠADŽIUS is hereby appointed member of the Court of Auditors for the period from 16 June 2016 to 15 June 2022.


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




Done at Luxembourg, 16 June 2016.


For the Council


The President

L.F. ASSCHER
            





(1)  Opinion of 7 June 2016 (not yet published in the Official Journal).
Case C-351/14: Judgment of the Court (Second Chamber) of 16 June 2016 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona — Spain) — Estrella Rodríguez Sánchez v Consum Sociedad Cooperativa Valenciana (Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC — Reconciliation of professional and family life — Return from maternity leave of a worker member — Request for a reduction of working hours and for a change in work pattern — Situation which does not fall within the scope of Clause 6(1) of the revised Framework Agreement — Inadmissibility of the request for a preliminary ruling)
Date: 2016-06-16
Institutions: Court of Justice
Subjects: Community of Valencia, cooperative, framework agreement, maternity leave, reduction of working time, reintegration into working life, staff








C_2016305EN.01000501.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/5





Judgment of the Court (Second Chamber) of 16 June 2016 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona — Spain) — Estrella Rodríguez Sánchez v Consum Sociedad Cooperativa Valenciana
(Case C-351/14) (1)

((Reference for a preliminary ruling - Social policy - Directive 2010/18/EU - Revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC - Reconciliation of professional and family life - Return from maternity leave of a worker member - Request for a reduction of working hours and for a change in work pattern - Situation which does not fall within the scope of Clause 6(1) of the revised Framework Agreement - Inadmissibility of the request for a preliminary ruling))
(2016/C 305/06)
Language of the case: Spanish

Referring court

Juzgado de lo Social No 33 de Barcelona

Parties to the main proceedings


Applicant: Estrella Rodríguez Sánchez

Defendant: Consum Sociedad Cooperativa Valenciana

Operative part of the judgment

The request for a preliminary ruling made by the Juzgado de lo Social No 33 de Barcelona (Social Court No 33, Barcelona, Spain) is inadmissible.


(1)  OJ C 339, 29.9.2014.
Council Decision of 16 June 2016 renewing the term of office of the President of the Community Plant Variety Office
Date: 2016-06-16
Institutions: Council of the European Union
Subjects: Community Plant Variety Office, appointment of members, president of an institution








C_2016223EN.01000601.xml










21.6.2016   


EN


Official Journal of the European Union


C 223/6





COUNCIL DECISION
of 16 June 2016
renewing the term of office of the President of the Community Plant Variety Office
(2016/C 223/07)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 43(2) thereof,
Whereas:






(1)


By Decision of 12 July 2011 (2), the Council appointed Mr Martin EKVAD as President of the Community Plant Variety Office (the ‘Office’).










(2)


The term of office of Mr Martin EKVAD is to expire on 31 August 2016.










(3)


On 4 May 2016, after obtaining the favourable opinion of the Administrative Council of the Office, the Commission proposed that the term of office of Mr Martin EKVAD be renewed,




HAS ADOPTED THIS DECISION:
Article 1
The term of office of Mr Martin EKVAD as President of the Community Plant Variety Office is hereby renewed for a period of five years with effect from 1 September 2016.
Article 2
The Chairperson of the Administrative Council of the Office shall be empowered to provide for all the arrangements necessary to implement Article 1.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 16 June 2016.


For the Council


The President

L.F. ASSCHER




(1)  OJ L 227, 1.9.1994, p. 1.

(2)  Council Decision of 12 July 2011 appointing the President of the Community Plant Variety Office (OJ C 209, 15.7.2011, p. 18).