do-me/EUR-LEX huggingface dataset:
Case F-38/16: Action brought on 28 July 2016 — ZZ v Parliament
Date: 2016-07-28
Institutions: Civil Service Tribunal
Subjects: European civil service, promotion, staff assessment








C_2016364EN.01005801.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/58






Action brought on 28 July 2016 — ZZ v Parliament
(Case F-38/16)
(2016/C 364/76)
Language of the case: French

Parties


Applicant: ZZ (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the staff report for the year 2014, as finalised by the decision of 20 October 2015 and of the decision awarding merit points for the year 2014 and the decision not to promote in respect of 2015.

Form of order sought







—


Annul the contested decisions and, in so far as necessary, the decision rejecting the claim;










—


Order the Parliament to pay the costs.
Commission Notice on the EU Code of good labelling practice for compound feed for food producing animals
Date: 2016-07-28
Institutions: European Commission
Subjects: animal feedingstuffs, food safety, labelling, livestock, marketing standard, product quality








C_2016275EN.01000301.xml










28.7.2016   


EN


Official Journal of the European Union


C 275/3





Commission Notice on the EU Code of good labelling practice for compound feed for food producing animals
(2016/C 275/04)
In accordance with Article 26 of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (1):


Title
: EU CODE OF GOOD LABELLING PRACTICE FOR COMPOUND FEED FOR FOOD PRODUCING ANIMALS


Authors
: European Farmers (COPA) and European Agri-Cooperatives (Cogeca) (http://www.copa-cogeca.be/) and European Feed Manufacturers’ Federation (FEFAC) (http://www.fefac.eu)


Reference
: http://ec.europa.eu/food/safety/animal-feed/feed-marketing/index_en.htm


(1)  OJ L 229, 1.9.2009, p. 1.
Case C-240/15: Judgment of the Court (Second Chamber) of 28 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autorità per le Garanzie nelle Comunicazioni v Istituto Nazionale di Statistica — ISTAT, Presidenza del Consiglio dei Ministri, Ministero dell’Economia e delle Finanze (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 3 — Impartiality and independence of the national regulatory authorities — Directive 2002/20/EC — Article 12 — Administrative charges — National regulatory authority subject to provisions applicable to public finances and to provisions for limiting and streamlining public authority spending)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: approximation of laws, financial autonomy, public expenditure, public finance, regulation of telecommunications, self-financing








C_2016350EN.01000901.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/9





Judgment of the Court (Second Chamber) of 28 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autorità per le Garanzie nelle Comunicazioni v Istituto Nazionale di Statistica — ISTAT, Presidenza del Consiglio dei Ministri, Ministero dell’Economia e delle Finanze
(Case C-240/15) (1)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/21/EC - Article 3 - Impartiality and independence of the national regulatory authorities - Directive 2002/20/EC - Article 12 - Administrative charges - National regulatory authority subject to provisions applicable to public finances and to provisions for limiting and streamlining public authority spending))
(2016/C 350/11)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Autorità per le Garanzie nelle Comunicazioni

Defendants: Istituto Nazionale di Statistica — ISTAT, Presidenza del Consiglio dei Ministri, Ministero dell’Economia e delle Finanze

Operative part of the judgment

Article 3 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, and Article 12 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), must be interpreted as not precluding national legislation that subjects a national regulatory authority, within the meaning of Directive 2002/21, as amended by Directive 2009/140, to provisions of national law applicable to public finances and, in particular, to provisions for limiting and streamlining the spending of public administrative authorities, such as those at issue in the main proceedings.


(1)  OJ C 302, 14.9.2015.
Case T-419/16: Action brought on 28 July 2016 — Carrera Brands v EUIPO — Autec (Carrera)
Date: 2016-07-28
Institutions: General Court
Subjects: EU trade mark, household article, household electrical appliance, measuring equipment, registered trade mark, trade-mark law








C_2016343EN.01004401.xml










19.9.2016   


EN


Official Journal of the European Union


C 343/44





Action brought on 28 July 2016 — Carrera Brands v EUIPO — Autec (Carrera)
(Case T-419/16)
(2016/C 343/59)
Language in which the application was lodged: German

Parties


Applicant: Carrera Brands Ltd (Hong Kong, People’s Republic of China) (represented by: C. Markowsky, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Autec AG (Nuremberg, Germany)

Details of the procedure before EUIPO


Proprietor of the mark at issue: the applicant

Mark at issue: EU word mark ‘Carrera’ — EU trade mark No 4 630 711

Proceedings before EUIPO: revocation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 June 2016 in Case R 278/2015-4

Form of order sought

The applicant claims that the Court should:






—


annul paragraph 2 of the operative part of the contested decision and amend it to the extent that the decision of the Cancellation Division of 21 January 2015 is annulled;










—


annul the contested decision with regard to the rejection of the applicant’s request for the proceedings to be stayed; and










—


in the alternative: amend the contested decision in such a way that the applicant’s request of 22 August 2014 for the proceedings to be stayed, repeated on 21 May 2015 in the appeal proceedings, is granted;










—


order EUIPO to pay the costs, including those incurred in the appeal proceedings.





Pleas in law







—


Infringement of Article 56(1)(a) of Regulation No 207/2009;










—


Infringement of Rule 20(7)(c) of Regulation No 2868/95.
Corrigendum to Commission Implementing Regulation (EU) 2016/973 of 17 June 2016 concerning the authorisation of zinc bislysinate as a feed additive for all animal species (OJ L 161, 18.6.2016)
Date: 2016-07-28
Institutions: European Commission
Subjects: animal feedingstuffs, food additive, market approval








L_2016202EN.01005601.xml










28.7.2016   


EN


Official Journal of the European Union


L 202/56







Corrigendum to Commission Implementing Regulation (EU) 2016/973 of 17 June 2016 concerning the authorisation of zinc bislysinate as a feed additive for all animal species

(
Official Journal of the European Union L 161 of 18 June 2016
)


On page 23, in the Annex, in line four of the fourth column ‘Composition, chemical formula, description, analytical method’:
for:

               ‘… lysine …’,
read:

               ‘… lysine-HCl …’.
Case T-403/16: Action brought on 28 July 2016 — Stada Arzneimittel v EUIPO — Vivatech (Immunostad)
Date: 2016-07-28
Institutions: General Court
Subjects: EU trade mark, cosmetic product, dietary product, pharmaceutical product, polishing and scouring preparations, registered trade mark, trade-mark law, veterinary medicinal product








C_2016335EN.01005102.xml










12.9.2016   


EN


Official Journal of the European Union


C 335/51





Action brought on 28 July 2016 — Stada Arzneimittel v EUIPO — Vivatech (Immunostad)
(Case T-403/16)
(2016/C 335/68)
Language in which the application was lodged: German

Parties


Applicant: Stada Arzneimittel AG (Bad Vilbel, Germany) (represented by: R. Kaase and J. Plate, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Vivatech (Paris, France)

Details of the procedure before EUIPO


Proprietor of the mark at issue: the applicant

Mark at issue: EU word mark ‘Immunostad’ — EU trade mark No 9 552 225

Proceedings before EUIPO: invalidity proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 April 2016 in Case R 863/2015–5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to bear the costs, including the costs of the appeal.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009;










—


Infringement of Article 75 of Regulation No 207/2009.
Council Decision (EU) 2016/1324 of 28 July 2016 appointing an alternate member, proposed by the Federal Republic of Germany of the Committee of the Regions
Date: 2016-07-28
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2016209EN.01001101.xml










3.8.2016   


EN


Official Journal of the European Union


L 209/11








            COUNCIL DECISION (EU) 2016/1324
of 28 July 2016
         
appointing an alternate member, proposed by the Federal Republic of Germany 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 German Government,

Whereas:







(1)


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












(2)


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





HAS ADOPTED THIS DECISION:



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






—


Herr Sören HERBST, Mitglied des Stadtrates der Landeshauptstadt Magdeburg.






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




Done at Brussels, 28 July 2016.


For the Council


The President

M. LAJČÁK
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
ESPON EGTC — Invitation for stakeholders to submit proposals for targeted analyses
Date: 2016-07-28
Institutions: European Commission
Subjects: EU programme, EU regional policy, economic and social cohesion, invitation to tender, regional cooperation, regional development








C_2016275EN.01000401.xml










28.7.2016   


EN


Official Journal of the European Union


C 275/4





ESPON EGTC — Invitation for stakeholders to submit proposals for targeted analyses
(2016/C 275/05)
In the framework of the ESPON 2020 Single Operation, the ESPON EGTC invites Stakeholders to submit proposals for targeted analyses.
The closing date for the submission of proposals is 19 August 2016.

The application form and a guidance document to support stakeholders in preparing proposals are available for download at the ESPON Website: http://www.espon.eu
Non-opposition to a notified concentration (Case M.8086 — Sumitomo/WW Grainger/PT Sumisho E-Commerce Indonesia JV) (Text with EEA relevance)
Date: 2016-07-28
Institutions: European Commission
Subjects: economic concentration, maintenance, merger control, motor vehicle industry, vehicle parts, wholesale trade








C_2016275EN.01000102.xml










28.7.2016   


EN


Official Journal of the European Union


C 275/1





Non-opposition to a notified concentration
(Case M.8086 — Sumitomo/WW Grainger/PT Sumisho E-Commerce Indonesia JV)
(Text with EEA relevance)
(2016/C 275/02)
On 18 July 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8086. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-57/15: Judgment of the Court (Fifth Chamber) of 28 July 2016 (request for a preliminary ruling from the hof van beroep te Antwerpen — Belgium) — United Video Properties Inc. v Telenet NV (Reference for a preliminary ruling — Intellectual property rights — Directive 2004/48/EC — Article 14 — Legal costs — Lawyers’ fees — Flat-rate reimbursement — Maximum amounts — Costs of a technical adviser — Reimbursement — Condition of fault on the part of the unsuccessful party)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: Belgium, EU law - national law, consultancy, expenditure, intellectual property, legal process








C_2016350EN.01000501.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/5





Judgment of the Court (Fifth Chamber) of 28 July 2016 (request for a preliminary ruling from the hof van beroep te Antwerpen — Belgium) — United Video Properties Inc. v Telenet NV
(Case C-57/15) (1)

((Reference for a preliminary ruling - Intellectual property rights - Directive 2004/48/EC - Article 14 - Legal costs - Lawyers’ fees - Flat-rate reimbursement - Maximum amounts - Costs of a technical adviser - Reimbursement - Condition of fault on the part of the unsuccessful party))
(2016/C 350/05)
Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings


Applicant: United Video Properties Inc.

Defendant: Telenet NV

Operative part of the judgment







1.


Article 14 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which provides that the unsuccessful party is to be ordered to pay the legal costs incurred by the successful party, which offers the courts responsible for making that order the possibility of taking into account features specific to the case before it, and provides for a flat-rate scheme for the reimbursement of costs for the assistance of a lawyer, subject to the condition that those rates ensure that the costs to be borne by the unsuccessful party are reasonable, which it is for the referring court to determine. However, Article 14 of that directive precludes national legislation providing flat-rates which, owing to the maximum amounts that it contains being too low, do not ensure that, at the very least, that a significant and appropriate part of the reasonable costs incurred by the successful party are borne by the unsuccessful party;










2.


Article 14 of Directive 2004/48 must be interpreted as precluding national rules providing that reimbursement of the costs of a technical adviser are provided for only in the event of fault on the part of the unsuccessful party, given that those costs are directly and closely linked to a judicial action seeking to have such an intellectual property right upheld.






(1)  OJ C 138, 27.4.2015.
Case C-102/15: Judgment of the Court (Second Chamber) of 28 July 2016 (request for a preliminary ruling from the Fővárosi Ítélőtábla — Hungary) — Gazdasági Versenyhivatal v Siemens Aktiengesellschaft Österreich (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope ratione materiae — Recovery of sum not due — Unjust enrichment — Debt arising from the unjustified repayment of a fine for infringement of competition law)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: Hungary, control of restrictive practices, fine, interest, legal action, liability, nationality of legal persons








C_2016350EN.01000601.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/6





Judgment of the Court (Second Chamber) of 28 July 2016 (request for a preliminary ruling from the Fővárosi Ítélőtábla — Hungary) — Gazdasági Versenyhivatal v Siemens Aktiengesellschaft Österreich
(Case C-102/15) (1)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Scope ratione materiae - Recovery of sum not due - Unjust enrichment - Debt arising from the unjustified repayment of a fine for infringement of competition law))
(2016/C 350/07)
Language of the case: Hungarian

Referring court

Fővárosi Ítélőtábla

Parties to the main proceedings


Applicant: Gazdasági Versenyhivatal

Defendant: Siemens Aktiengesellschaft Österreich

Operative part of the judgment

An action for recovery of sums not due on the ground of unjust enrichment, such as that at issue in the main proceedings, which has its origin in the repayment of a fine imposed in competition law proceedings does not fall within ‘civil and commercial matters’ within the meaning of Article 1 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)  OJ C 171, 26.5.2015.
Council Decision (EU) 2016/1317 of 28 July 2016 appointing a member, proposed by the Kingdom of Belgium, of the Committee of the Regions
Date: 2016-07-28
Institutions: Council of the European Union
Subjects: Belgium, European Committee of the Regions, appointment of members








L_2016208EN.01004501.xml










2.8.2016   


EN


Official Journal of the European Union


L 208/45








            COUNCIL DECISION (EU) 2016/1317
of 28 July 2016
         
appointing a member, proposed by the Kingdom of Belgium, 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 Belgian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 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 mandate on the basis of which Mr Hicham IMANE (Député wallon) was proposed,





HAS ADOPTED THIS DECISION:



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






—


Mr Hicham IMANE, Conseiller communal de la Ville de Charleroi (change of mandate).






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




Done at Brussels, 28 July 2016.


For the Council


The President

M. LAJČÁK
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).