# Official Journal C 93/11 M

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 93 |
| | |
| English edition | Information and Notices | Volume 6211 March 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 93

English edition

Information and Notices

Volume 6211 March 2019

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2019/C 93/01 | Last publications of the Court of Justice of the European Union in the Official Journal of the European Union | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2019/C 93/01

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2019/C 93/02 | Case C-310/16: Judgment of the Court (Fourth Chamber) of 17 January 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against Petar Dzivev and Others (Reference for a preliminary ruling — Value added tax (VAT) — Protection of the European Union’s financial interests — Article 325(1) TFEU — Convention on the protection of the European Communities’ financial interests — Criminal proceedings concerning VAT offences — Principle of effectiveness — Taking of evidence — Interception of telecommunications — Authorisation granted by a court that lacks jurisdiction — Taking those interceptions into consideration as evidence — Provisions of national law — Prohibition) | 2 |
| 2019/C 93/03 | Case C-162/17 P: Judgment of the Court (Eighth Chamber) of 16 January 2019 — Republic of Poland v Stock Polska sp. z o.o., European Union Intellectual Property Office (EUIPO), Lass & Steffen GmbH Wein- und Spirituosen-Import (Appeal — EU trade mark — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1) — Application for registration of the figurative mark including the word element LUBELSKA — Dominant and distinctive element) | 3 |
| 2019/C 93/04 | Case C-165/17: Judgment of the Court (Fourth Chamber) of 24 January 2019 (request for a preliminary ruling from the Conseil d’État — France) — Morgan Stanley & Co International plc v Ministre de l’Économie et des Finances (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Sixth Council Directive 77/388/EEC — Directive 2006/112/EC — Deduction of input tax — Goods and services used for both taxable transactions and exempt transactions (mixed-use goods and services) — Determination of the applicable deductible proportion — Branch established in a Member State other than that of the principal establishment of the company — Expenditure incurred by the branch used exclusively for the transactions of the principal establishment — General costs of the branch used for both its transactions and those of the principal establishment) | 3 |
| 2019/C 93/05 | Case C-168/17: Judgment of the Court (Third Chamber) of 17 January 2019 (request for a preliminary ruling from the Kúria — Hungary) — SH v TG (Reference for a preliminary ruling — Common foreign and security policy — Restrictive measures adopted in view of the situation in Libya — A chain of contracts concluded with the aim of issuing a bank guarantee for the benefit of an entity on a list of entities whose funds are to be frozen — Payment of costs arising under counter guarantee agreements — Regulation (EU) No 204/2011 — Article 5 — Definition of ‘funds made available to an entity referred to in Annex III to Regulation No 204/2011’ — Article 12(1)(c) — Definition of ‘a claim under a guarantee’ — Definition of a ‘person or entity acting on behalf of a person referred to in Article 12(1)(a) or (b)’) | 4 |
| 2019/C 93/06 | Case C-193/17: Judgment of the Court (Grand Chamber) of 22 January 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Cresco Investigation GmbH v Markus Achatzi (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 21 — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(a) — Direct discrimination on grounds of religion — National legislation granting certain employees a day’s holiday on Good Friday — Justification — Article 2(5) — Article 7(1) — Obligations of private employers and national courts resulting from the incompatibility of national law with Directive 2000/78) | 6 |
| 2019/C 93/07 | Case C-258/17: Judgment of the Court (Grand Chamber) of 15 January 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — E.B. v Versicherungsanstalt öffentlich Bediensteter BVA (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2 — Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975 — Compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation — Effects of the application of Directive 2000/78/EC on the disciplinary sanction — Calculation of the retirement pension paid) | 7 |
| 2019/C 93/08 | Case C-265/17 P: Judgment of the Court (First Chamber) of 16 January 2019 — European Commission v United Parcel Service, Inc., FedEx Corp. (Appeal — Merger control — Acquisition of TNT Express by UPS — Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement — Econometric model developed by the Commission — Failure to disclose amendments made to the econometric model — Infringement of the rights of the defence) | 7 |
| 2019/C 93/09 | Case C-272/17: Judgment of the Court (Tenth Chamber) of 23 January 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — K.M. Zyla v Staatssecretaris van Financiën (Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — Social security contributions — Worker who left the Member State of her employment during the course of the calendar year — Application of the pro rata temporis rule to social security credit) | 8 |
| 2019/C 93/10 | Case C-313/17 P: Judgment of the Court (First Chamber) of 24 January 2019 — George Haswani v Council of the European Union, European Commission (Appeal — Article 86 of the Rules of Procedure of the General Court — Admissibility — Procedure for modifying the application — Need to modify the pleas in law and arguments — Restrictive measures adopted against the Syrian Arab Republic — List of persons subject to the freezing of funds and economic resources — Inclusion of the applicant’s name) | 9 |
| 2019/C 93/11 | Case C-326/17: Judgment of the Court (Fourth Chamber) of 24 January 2019 (request for a preliminary ruling from the Raad van State — Netherlands) — Directie van de Dienst Wegverkeer (RDW) v X, Y and X, Y v Directie van de Dienst Wegverkeer (RDW) and Directie van de Dienst Wegverkeer (RDW) v Z (Reference for a preliminary ruling — Directive 1999/37/EC — Registration documents for vehicles — Omissions in the registration certificates — Mutual recognition — Directive 2007/46/EC — Vehicles manufactured prior to EU harmonisation of technical requirements — Alterations having an impact on the technical characteristics of the vehicle) | 9 |
| 2019/C 93/12 | Case C-386/17: Judgment of the Court (First Chamber) of 16 January 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Stefano Liberato v Luminita Luisa Grigorescu (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and recognition and enforcement of judgments on maintenance obligations — Regulation (EC) No 44/2001 — Article 5(2) — Article 27 — Article 35(3) — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 19 — Lis pendens — Article 22(a) — Article 23(a) — Non-recognition where the decisions are manifestly contrary to public policy — Article 24 — Prohibition of review of jurisdiction of the court of origin — Ground for the non-recognition based on a breach of the rules of lis pendens — Absence) | 10 |
| 2019/C 93/13 | Case C-387/17: Judgment of the Court (First Chamber) of 23 January 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Presidenza dei Consiglio dei Ministri v Fallimento Traghetti del Mediterraneo SpA (Reference for a preliminary ruling — State aid — Existing aid and new aid — Classification — Regulation (EC) No 659/1999 — Article 1(b)(iv) and (v) — Principles of legal certainty and protection of legitimate expectations — Applicability — Subsidies granted before the liberalisation of a market initially closed to competition — Action for damages against the Member State brought by a competitor of the beneficiary company) | 11 |
| 2019/C 93/14 | Case C-389/17: Judgment of the Court (First Chamber) of 16 January 2019 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by ‘Paysera LT’ UAB, formerly ‘EVP International’ UAB (Reference for a preliminary ruling — Taking up of the business of electronic money institutions — Directive 2009/110/EC — Article 5(2) and (3) — Rules on own funds — Own funds required for the pursuit of activities linked to the issuance of electronic money — Definition of ‘activity linked to the issuance of electronic money’ — Issuance, for the benefit of the seller, of electronic money at par value of the funds received) | 12 |
| 2019/C 93/15 | Case C-419/17 P: Judgment of the Court (First Chamber) of 23 January 2019 — Deza, a.s. v European Chemicals Agency, Kingdom of Denmark, Kingdom of the Netherlands, Kingdom of Sweden, Kingdom of Norway (Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Annex XIV — Establishment of a list of substances subject to authorisation — Inclusion in the list of substances identified for eventual inclusion in Annex XIV — Updating of the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) in the list — Misinterpretation and misapplication of the REACH Regulation and of the principle of legal certainty — Distortion of the facts and evidence — Scope of the review) | 12 |
| 2019/C 93/16 | Case C-430/17: Judgment of the Court (Third Chamber) of 23 January 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Walbusch Walter Busch GmbH & Co. KG v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Distance contracts — Article 6(1)(h) — Obligation to provide information on the right of withdrawal — Article 8(4) — Contract concluded through a means of distance communication which allows limited space or time to display the information — Meaning of ‘limited space or time to display the information’ — Brochure inserted in a periodical — Mail order coupon containing a hyperlink referring to information on the right of withdrawal) | 13 |
| 2019/C 93/17 | Case C-477/17: Judgment of the Court (First Chamber) of 24 January 2019 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale Verzekeringsbank v D. Balandin, I. Lukachenko, Holiday on Ice Services BV (Reference for a preliminary ruling — Social security — Regulation (EU) No 1231/2010 — Applicable legislation — A1 certificate — Article 1 — Extension of coordination of social security systems to citizens of third countries residing legally in the territory of a Member State — Legal residence — Concept) | 14 |
| 2019/C 93/18 | Case C-496/17: Judgment of the Court (Third Chamber) of 16 January 2019 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Deutsche Post AG v Hauptzollamt Köln (Reference for a preliminary ruling — Customs union — The Union Customs Code — Article 39 — Status of authorised economic operator — Implementing Regulation (EU) 2015/2447 — The second subparagraph of Article 24(1) — Applicant not a natural person — Questionnaire — Collection of personal data — Directive 95/46/EC — Articles 6 and 7 — Regulation (EU) 2016/679 — Articles 5 and 6 — Processing of personal data) | 14 |
| 2019/C 93/19 | Case C-639/17: Judgment of the Court (Fourth Chamber) of 17 January 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — SIA ‘KPMG Baltics’, acting as insolvency administrator of AS ‘Latvijas Krājbanka’ v SIA ‘Ķipars AI’ (Reference for a preliminary ruling — Settlement finality in payment and securities settlement systems — Directive 98/26/EC — Scope — Concept of ‘transfer order’ — Payment order sent by the holder of an ordinary current account to a credit institution subsequently declared insolvent) | 15 |
| 2019/C 93/20 | Case C-661/17: Judgment of the Court (First Chamber) of 23 January 2019 (Request for a preliminary ruling from the High Court (Ireland) — Ireland) — M.A., S.A., A.Z. v International Protection Appeals Tribunal, Minister for Justice and Equality, Attorney General, Ireland (Reference for a preliminary ruling — Asylum policy — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 — Discretionary clauses — Assessment criteria) | 16 |
| 2019/C 93/21 | Case C-698/17 P: Judgment of the Court (Third Chamber) of 23 January 2019 — Toni Klement v European Union Intellectual Property Office (EUIPO) (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 15(1) — Application for revocation of a mark — Three-dimensional mark representing the form of an oven — Genuine use of the mark — Statement of reasons) | 17 |
| 2019/C 93/22 | Case C-74/18: Judgment of the Court (Sixth Chamber) of 17 January 2019 (Request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by A Ltd (Reference for a preliminary ruling — Directive 2009/138/EC — Taking-up and pursuit of the business of insurance and reinsurance — Article 13(13) — Definition of ‘Member State in which the risk is situated’ — Company established in one Member State, providing insurance services relating to contractual risks connected with company conversions in another Member State — Article 157 — Member State levying tax on insurance premiums) | 17 |
| 2019/C 93/23 | Case C-102/18: Judgment of the Court (Sixth Chamber) of 17 January 2019 (request for a preliminary ruling from the Oberlandesgericht Köln — Germany) — Proceedings brought by Klaus Manuel Maria Brisch (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 65(2) — European Certificate of Succession — Application for a certificate — Implementing Regulation (EU) No 1329/2014 — Mandatory or optional nature of the form established by Article 1(4) of Implementing Regulation No 1329/2014) | 18 |
| 2019/C 93/24 | Case C-551/18 PPU: Judgment of the Court (First Chamber) of 6 December 2018 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — Execution of a European arrest warrant issued against IK (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention) | 18 |
| 2019/C 93/25 | Case C-292/18: Request for a preliminary ruling from the Amtsgericht Kassel Zweigstelle Hofgeismar (Germany) lodged on 27 April 2018 — Petra Breyer, Heiko Breyer v SUNDAIR GmbH | 19 |
| 2019/C 93/26 | Case C-308/18 P: Appeal brought on 7 May 2018 by Schniga GmbH against the judgment of the Court (Seventh Chamber) delivered on 23 February 2018 in Case T-445/16, Schniga GmbH v Gemeinschaftliches Sortenamt (CPVO) | 19 |
| 2019/C 93/27 | Case C-444/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 6 July 2018 — Fluctus s.r.o. and Others | 20 |
| 2019/C 93/28 | Case C-463/18 P: Appeal brought on 13 July 2018 by CeramTec GmbH against the judgment of the General Court (Eighth Chamber) delivered on 3 May 2018 in Case T-193/17: CeramTec GmbH v EUIPO | 20 |
| 2019/C 93/29 | Case C-553/18 P: Appeal brought on 29 August 2018 by Lion's Head Global Partners LLP against the judgment of the General Court (Ninth Chamber) delivered on 14 June 2018 in Case T-294/17: Lion's Head Global Partners LLP v EUIPO | 20 |
| 2019/C 93/30 | Case C-554/18 P: Appeal brought on 29 August 2018 by Lion's Head Global Partners LLP against the judgment of the General Court (Ninth Chamber) delivered on 14 June 2018 in Case T-310/17: Lion's Head Global Partners LLP v EUIPO | 21 |
| 2019/C 93/31 | Case C-608/18 P: Appeal brought on 24 September 2018 by the Republic of Cyprus against the judgment of the General Court (Second Chamber) delivered on 13 July 2018 in Case T-825/16: Republic of Cyprus v EUIPO | 21 |
| 2019/C 93/32 | Case C-609/18 P: Appeal brought on 24 September 2018 by the Republic of Cyprus against the judgment of the General Court (Second Chamber) delivered on 13 July 2018 in Case T-847/16: Republic of Cyprus v EUIPO | 22 |
| 2019/C 93/33 | Case C-612/18 P: Appeal brought on 25 September 2018 by ClientEarth against the judgment of the General Court (Eighth Chamber) delivered on 11 July 2018 in Case T-644/16: ClientEarth v Commission | 23 |
| 2019/C 93/34 | Case C-726/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Toscana (Italy) lodged on 22 November 2018 — FW, GY v U.T.G. — Prefettura di Lucca | 25 |
| 2019/C 93/35 | Case C-729/18 P: Appeal brought on 23 November 2018 by VTB Bank PAO, formerly VTB Bank OAO, against the judgment of the General Court (Sixth Chamber) delivered on13 September 2018 in Case T-734/14: VTB Bank v Council | 25 |
| 2019/C 93/36 | Case C-732/18 P: Appeal brought on 23 November 2018 by PAO Rosneft Oil Company, formerly NK Rosneft OAO, RN-Shelf-Arctic OOO, AO RN-Shelf-Far East, formerly RN-Shelf-Dalniy Vostok ZAO, RN-Exploration OOO, Tagulskoe OOO against the judgment of the General Court (Sixth Chamber) delivered on 13 September 2018 in Case T-715/14: Rosneft and Others v Council | 26 |
| 2019/C 93/37 | Case C-749/18: Request for a preliminary ruling from the Cour administrative (Luxembourg) lodged on 30 November 2018 –B, C, D v Administration des contributions directes | 27 |
| 2019/C 93/38 | Case C-750/18: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 December 2018 — A, B v C | 29 |
| 2019/C 93/39 | Case C-758/18: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 30 November 2018 — Bulgarian Air Charter Limited v NE | 29 |
| 2019/C 93/40 | Case C-796/18: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 19 December 2018 — Informatikgesellschaft für Software-Entwicklung (ISE) mbH v Stadt Köln | 30 |
| 2019/C 93/41 | Case C-813/18 P: Appeal brought on 21 December 2018 by Deza, a.s. against the judgment of the General Court (Second Chamber) delivered on 24 October 2018 in Case T-400/17 Deza v Commission | 31 |
| 2019/C 93/42 | Case C-823/18 P: Appeal brought on 27 December 2018 by the European Commission against the judgment of the General Court (Fifth Chamber) delivered on 18 October 2018 in Case T-640/16: GEA Group AG v Commission | 32 |
| 2019/C 93/43 | Case C-832/18: Request for a preliminary ruling from the Helsingin hovioikeus (Finland) lodged on 21 December 2018 — A and Others v Finnair Oyj | 33 |
| 2019/C 93/44 | Case C-2/19: Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 4 January 2019 — A.P. v Riigiprokuratuur | 34 |
| 2019/C 93/45 | Case C-5/19: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 4 January 2019 — Оvergaz Mrezhi AD, Non-profit association Bulgarska Gazova Asotsiatsia v Komisia za energiyno i vodno regulirane | 34 |
| 2019/C 93/46 | Case C-8/19: Request for a preliminary ruling from the Spetsializran nakazatelen sad (Bulgaria) lodged on 7 January 2019 — Criminal proceedings against RH | 35 |
| 2019/C 93/47 | Case C-60/19 P: Appeal brought on 24 January 2019 by the Mouvement pour une Europe des nations et des libertés against the judgment of the General Court (Eighth Chamber) delivered on 27 November 2018 in Case T-829/16, Mouvement pour une Europe des nations et des libertés v Parliament | 36 |
| | General Court |
| 2019/C 93/48 | Case T-400/10 RENV: Judgment of the General Court of 14 December 2018 — Hamas v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Possibility for an authority of a non-member State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Duty to state reasons — Error of assessment — Right to effective judicial protection — Rights of the defence — Right to property) | 38 |
| 2019/C 93/49 | Case T-298/16: Judgment of the General Court of 14 December 2018 — East West Consulting v Commission (Non-contractual liability — Instrument for Pre-Accession Assistance — Third country — National public procurement — Devolved management — Decision 2008/969/EC, Euratom — Early Warning System (EWS) — Activation of a warning in the EWS — Protection of the financial interests of the European Union — Commission’s refusal to give ex ante approval — Contract not awarded — Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the contract — Loss of the opportunity to be awarded other contracts) | 40 |
| 2019/C 93/50 | Case T-348/16 OP: Judgment of the General Court of 17 January 2019 — Aristoteleio Panepistimio Thessalonikis v ERCEA (Arbitration clause — Seventh framework programme for research, technological development and demonstration activities — Minatran project — Eligible costs — Compensation — Judgment by default — Application to have a judgment set aside) | 40 |
| 2019/C 93/51 | Case T-412/16: Judgment of the General Court of 16 January 2019 — Bena Properties v Council (Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality) | 41 |
| 2019/C 93/52 | Case T-413/16: Judgment of the General Court of 16 January 2019 — Cham v Council (Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality) | 42 |
| 2019/C 93/53 | Case T-525/16: Judgment of the General Court of 14 December 2018 — GQ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 31 of Annexe XIII to the Staff Regulations — Assistants in transition — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the ‘senior assistant’ (AST 10) type of post exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Equal treatment — Loss of eligibility for promotion to the next higher grade — Legitimate expectations) | 43 |
| 2019/C 93/54 | Case T-526/16: Judgment of the General Court of 14 December 2018 — FZ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annexe XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Equal treatment — Loss of eligibility for promotion to the next higher grade — Legitimate expectations) | 44 |
| 2019/C 93/55 | Case T-540/16: Judgment of the General Court of 14 December 2018 — FZ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annexe XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit’ or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Concept of an act adversely affecting an official — Confirmatory act — Lis pendens — Compliance with the requirements of the pre-litigation procedure — Inadmissibility) | 45 |
| 2019/C 93/56 | Cases T-641/16 RENV and T-137/17: Judgment of the General Court of 13 December 2018 — Kakol v Commission (Staff case — Officials — Recruitment — Notice of competition — Open competition — Non-admission of a candidate to take part in the tests of the assessment centre — Non-recognition of qualifications or diplomas — Admission to a previous competition — Conditions for similar competitions — Concordance rule between the request and the complaint — Res judicata — Non-compliance with the prior administrative procedure — Measure adversely affecting the applicant within the meaning of Article 91 of the Staff Regulations — Competence of the authority which adopted the measure — Claim for damages) | 46 |
| 2019/C 93/57 | Case T-750/16: Judgment of the General Court of 14 December 2018 — FV v Council (Civil Service — Officials — Article 42c of the Staff Regulations — Leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Liability) | 47 |
| 2019/C 93/58 | Case T-881/16: Judgment of the General Court of 15 January 2019 — HJ v EMA (Civil service — Temporary agents — Partial inadmissibility — Application for an injunction — Access of officials to their personal file — Articles 26 and 26a of the Staff Regulations — Access to documents — Regulation (EC) No 1049/2001 — Personal file made accessible to all members of staff of the EMA — Protection of natural persons with regard to the processing of personal data by EU institutions and bodies — Liability — Non-material harm) | 47 |
| 2019/C 93/59 | Case T-46/17: Judgment of the General Court of 14 December 2018 — TDH Group v EUIPO — Comercial de Servicios Agrigán (Pet Cuisine) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pet Cuisine — Earlier EU figurative mark The Pet CUISINE alimento para mascotas felices Genial — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 48 |
| 2019/C 93/60 | Case T-111/17: Judgment of the General Court of 15 January 2019 — Computer Market v EUIPO (COMPUTER MARKET) (EU trade mark — Application for the EU figurative mark COMPUTER MARKET — Absolute ground for refusal — Late filing of the notice of appeal — Inadmissibility of the appeal before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — Rule 49(1) of Regulation (EC) No 2868/95 (now Article 23(1)(b) of Delegated Regulation (EU) 2018/625)) | 49 |
| 2019/C 93/61 | Case T-128/17: Judgment of the General Court of 14 December 2018 — Torné v Commission (Civil service — Officials — 2014 reform of the Staff Regulations — Leave on personal grounds — Engagement at the same time as a member of the temporary staff — Transitional measures relating to certain details in the calculation of pension rights — Request for an advance ruling — Act having an adverse effect — Purpose of the transitional measures — Application ratione personae — Entry into service) | 49 |
| 2019/C 93/62 | Case T-160/17: Judgment of the General Court of 10 January 2019 — RY v Commission (Civil service — Temporary staff — Article 2(c) of the Conditions of Employment of Other Servants — Open-ended contract — Dismissal — Breakdown in the relationship of trust — Right to be heard — Burden of proof) | 50 |
| 2019/C 93/63 | Case T-464/17: Judgment of the General Court of 14 December 2018 — TP v Commission (Civil service — Officials — Remuneration — Deduction from salary — Maintenance awarded by a national court in the context of divorce proceedings — Sincere cooperation with the national courts — Circumscribed powers — Article 24 of the Staff Regulations — European Code of Good Administrative Behaviour — Rule of correspondence — Act adversely affecting a person — Claim for compensation — Compliance with the pre-litigation procedure) | 51 |
| 2019/C 93/64 | Case T-477/17: Judgment of the General Court of 16 January 2019 — Haswani v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Obligation to state reasons — Proportionality — Error of assessment) | 51 |
| 2019/C 93/65 | Case T-489/17: Judgment of the General Court of 16 January 2019 — Windspiel Manufaktur v EUIPO (Representation of the position of a bottle closure) (EU trade mark — Application for an EU trade mark representing a bottle closure — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)) | 52 |
| 2019/C 93/66 | Case T-572/17: Judgment of the General Court of 14 December 2018 — UC v Parliament (Staff case — Officials — Promotion — 2015 promotion round — Staff report — Award of merit points — Obligation to state reasons — Right to be heard — Manifest error of assessment — Liability — Non-material damage) | 53 |
| 2019/C 93/67 | Case T-576/17: Judgment of the General Court of 17 January 2019 — Mas Que Vinos Global v EUIPO — JESA (EL SEÑORITO) (European Union trade mark — Opposition proceedings — Application for EU word mark EL SEÑORITO — Earlier national word mark SEÑORITA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 53 |
| 2019/C 93/68 | Case T-671/17: Judgment of the General Court of 17 January 2019 — Turbo-K International v EUIPO — Turbo-K (TURBO-K) (EU trade mark — Opposition proceedings — Application for EU work mark TURBO-K — Earlier non-registered marks TURBO-K — Relative ground for refusal — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law actions for passing-off — Goodwill) | 54 |
| 2019/C 93/69 | Case T-761/17: Judgment of the General Court of 14 December 2018 — UR v Commission (Civil service — Open competition — Notice of competition EPSO/AD/322/16 for the recruitment of administrators in the field of audit (AD 5/AD 7) — Eligibility condition — Required qualification — Non-inclusion on the reserve list — Obligation to state reasons — Manifest error of assessment — Article 27, first paragraph, of the Staff Regulations) | 55 |
| 2019/C 93/70 | Case T-801/17: Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest 3-star-guarantee.de) (EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 3-star-guarantee.de — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001)) | 55 |
| 2019/C 93/71 | Case T-802/17: Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED) (EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001)) | 56 |
| 2019/C 93/72 | Case T-803/17: Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest) (EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001)) | 57 |
| 2019/C 93/73 | Case T-832/17: Judgment of the General Court of 10 January 2019 — achtung! v EUIPO (achtung!) (EU trade mark — International registration designating the European Union — Figurative mark achtung! — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001) | 57 |
| 2019/C 93/74 | Case T-7/18: Judgment of the General Court of 14 December 2018 — Inforsacom Logicalis v EUIPO (Business and technology working as one) ((EU trade mark — Application for EU word mark Business and technology working as one — Trade mark consisting in an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)) | 58 |
| 2019/C 93/75 | Case T-30/18: Judgment of the General Court of 13 December 2018 — Yado v EUIPO — Dvectis CZ (Support pillow) (Community design — Invalidity proceedings — Community design No 2371591-0001 (Support pillow) — Inadmissibility of the appeal before the Board of Appeal — Sending of a document to EUIPO by means of a contact form — Sending of a document to EUIPO by electronic means and by fax) | 58 |
| 2019/C 93/76 | Case T-40/18: Judgment of the General Court of 17 January 2019 — Ecolab USA v EUIPO (SOLIDPOWER) (EU trade mark — International registration designating the European Union — Word mark SOLIDPOWER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001) | 59 |
| 2019/C 93/77 | Case T-91/18: Judgment of the General Court of 17 January 2019 — Equity Cheque Capital Corporation v EUIPO (DIAMOND CARD) (EU trade mark — Application for EU figurative mark DIAMOND CARD — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001) | 60 |
| 2019/C 93/78 | Case T-368/18: Judgment of the General Court of 17 January 2019 — ETI Gıda Sanayi ve Ticaret v EUIPO — Grupo Bimbo (ETI Bumbo) (European Union trade mark — Opposition proceedings — Application for EU word mark ETI Bumbo — Earlier EU figurative mark BIMBO — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the signs — Distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EU) 2017/1001) | 60 |
| 2019/C 93/79 | Case T-160/18: Order of the General Court of 16 January 2019 — Theodorakidi v EUIPO — Benopoulou (THYREOS VASSILIKI) (EU trade mark — Invalidity proceedings — EU figurative mark THYREOS VASSILIKI — Declaration of invalidity — Right to the name Vassiliki in Greece — Relative ground for invalidity regarding the infringement of the right to a name — Article 60(2)(a) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law) | 61 |
| 2019/C 93/80 | Case T-304/18: Order of the General Court of 23 January 2019 — MLPS v Commission (Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility) | 61 |
| 2019/C 93/81 | Case T-331/18: Order of the General Court of 16 January 2019 — Szécsi and Somossy v Commission (Action for damages — Law governing the institutions — Failure by the Commission to adopt appropriate measures to ensure compliance, by Hungarian courts, with Article 13 of Directive 2005/29/EC and the relevant national transposition measure — Inadmissibility) | 62 |
| 2019/C 93/82 | Case T-436/18: Order of the General Court of 23 January 2019 — Prigent v Commission (Action for annulment — Decision to take no further action on a complaint — Refusal of the Commission to bring infringement proceedings — Act not open to challenge — No direct concern — Inadmissibility) | 62 |
| 2019/C 93/83 | Case T-557/18: Order of the General Court of 10 January 2019 — LG Electronics v EUIPO — Beko (BECON) (EU trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate) | 63 |
| 2019/C 93/84 | Case T-574/18 R: Order of the President of the General Court of 21 January 2019 — Agrochem-Maks v Commission (Application for interim measures — Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests) | 64 |
| 2019/C 93/85 | Case T-751/18: Action brought on 21 December 2018 — Daimler v Commission | 64 |
| 2019/C 93/86 | Case T-755/18: Action brought on 22 December 2018 — FL Brüterei M-V and Others v Commission | 65 |
| 2019/C 93/87 | Case T-756/18: Action brought on 28 December 2018 — AG v Europol | 67 |
| 2019/C 93/88 | Case T-760/18: Action brought on 20 December 2018 — Intercontinental Exchange Holdings v EUIPO — New York Mercantile Exchange (NYMEX BRENT) | 68 |
| 2019/C 93/89 | Case T-6/19: Action brought on 4 January 2019 — Irish Wind Farmers’ Association and Others v Commission | 69 |
| 2019/C 93/90 | Case T-10/19: Action brought on 4 January 2019 — United States Seafoods v EUIPO (UNITED STATES SEAFOODS) | 69 |
| 2019/C 93/91 | Case T-17/19: Action brought on 11 January 2019 — Giulia Moi v Parliament | 70 |
| 2019/C 93/92 | Case T-21/19: Action brought on 11 January 2019 — Pablosky v EUIPO — docPrice (mediFLEX easystep) | 71 |
| 2019/C 93/93 | Case T-23/19: Action brought on 14 January 2019 — Limango v EUIPO — Consolidated Artists (limango) | 72 |
| 2019/C 93/94 | Case T-24/19: Action brought on 11 January 2019 — INC and Consorzio Stabile Sis v Commission | 73 |
| 2019/C 93/95 | Case T-29/19: Action brought on 15 January 2019 — Idea Groupe v EUIPO — The Logistical Approach (Idealogistic Verhoeven Greatest care in getting it there) | 73 |
| 2019/C 93/96 | Case T-35/19: Action brought on 17 January 2019 — Benavides Torres/Council | 74 |
| 2019/C 93/97 | Case T-36/19: Action brought on 18 January 2019 — PE Digital v EUIPO — Spark Networks Services (ElitePartner) | 75 |
| 2019/C 93/98 | Case T-40/19: Action brought on 21 January 2019 — Amigüitos pets & life v EUIPO – Société des produits Nestlé (THE ONLY ONE by alphaspirit wild and perfect) | 76 |
| 2019/C 93/99 | Case T-44/19: Action brought on 23 January 2019 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club) | 77 |
| 2019/C 93/100 | Case T-46/19: Action brought on 25 January 2019 — Hellenic Republic v Commission | 78 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2019/C 93/02

Case C-310/16: Judgment of the Court (Fourth Chamber) of 17 January 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against Petar Dzivev and Others (Reference for a preliminary ruling — Value added tax (VAT) — Protection of the European Union’s financial interests — Article 325(1) TFEU — Convention on the protection of the European Communities’ financial interests — Criminal proceedings concerning VAT offences — Principle of effectiveness — Taking of evidence — Interception of telecommunications — Authorisation granted by a court that lacks jurisdiction — Taking those interceptions into consideration as evidence — Provisions of national law — Prohibition)

2

2019/C 93/03

Case C-162/17 P: Judgment of the Court (Eighth Chamber) of 16 January 2019 — Republic of Poland v Stock Polska sp. z o.o., European Union Intellectual Property Office (EUIPO), Lass & Steffen GmbH Wein- und Spirituosen-Import (Appeal — EU trade mark — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1) — Application for registration of the figurative mark including the word element LUBELSKA — Dominant and distinctive element)

3

2019/C 93/04

Case C-165/17: Judgment of the Court (Fourth Chamber) of 24 January 2019 (request for a preliminary ruling from the Conseil d’État — France) — Morgan Stanley & Co International plc v Ministre de l’Économie et des Finances (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Sixth Council Directive 77/388/EEC — Directive 2006/112/EC — Deduction of input tax — Goods and services used for both taxable transactions and exempt transactions (mixed-use goods and services) — Determination of the applicable deductible proportion — Branch established in a Member State other than that of the principal establishment of the company — Expenditure incurred by the branch used exclusively for the transactions of the principal establishment — General costs of the branch used for both its transactions and those of the principal establishment)

3

2019/C 93/05

Case C-168/17: Judgment of the Court (Third Chamber) of 17 January 2019 (request for a preliminary ruling from the Kúria — Hungary) — SH v TG (Reference for a preliminary ruling — Common foreign and security policy — Restrictive measures adopted in view of the situation in Libya — A chain of contracts concluded with the aim of issuing a bank guarantee for the benefit of an entity on a list of entities whose funds are to be frozen — Payment of costs arising under counter guarantee agreements — Regulation (EU) No 204/2011 — Article 5 — Definition of ‘funds made available to an entity referred to in Annex III to Regulation No 204/2011’ — Article 12(1)(c) — Definition of ‘a claim under a guarantee’ — Definition of a ‘person or entity acting on behalf of a person referred to in Article 12(1)(a) or (b)’)

4

2019/C 93/06

Case C-193/17: Judgment of the Court (Grand Chamber) of 22 January 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Cresco Investigation GmbH v Markus Achatzi (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 21 — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(a) — Direct discrimination on grounds of religion — National legislation granting certain employees a day’s holiday on Good Friday — Justification — Article 2(5) — Article 7(1) — Obligations of private employers and national courts resulting from the incompatibility of national law with Directive 2000/78)

6

2019/C 93/07

Case C-258/17: Judgment of the Court (Grand Chamber) of 15 January 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — E.B. v Versicherungsanstalt öffentlich Bediensteter BVA (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2 — Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975 — Compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation — Effects of the application of Directive 2000/78/EC on the disciplinary sanction — Calculation of the retirement pension paid)

7

2019/C 93/08

Case C-265/17 P: Judgment of the Court (First Chamber) of 16 January 2019 — European Commission v United Parcel Service, Inc., FedEx Corp. (Appeal — Merger control — Acquisition of TNT Express by UPS — Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement — Econometric model developed by the Commission — Failure to disclose amendments made to the econometric model — Infringement of the rights of the defence)

7

2019/C 93/09

Case C-272/17: Judgment of the Court (Tenth Chamber) of 23 January 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — K.M. Zyla v Staatssecretaris van Financiën (Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — Social security contributions — Worker who left the Member State of her employment during the course of the calendar year — Application of the pro rata temporis rule to social security credit)

8

2019/C 93/10

Case C-313/17 P: Judgment of the Court (First Chamber) of 24 January 2019 — George Haswani v Council of the European Union, European Commission (Appeal — Article 86 of the Rules of Procedure of the General Court — Admissibility — Procedure for modifying the application — Need to modify the pleas in law and arguments — Restrictive measures adopted against the Syrian Arab Republic — List of persons subject to the freezing of funds and economic resources — Inclusion of the applicant’s name)

9

2019/C 93/11

Case C-326/17: Judgment of the Court (Fourth Chamber) of 24 January 2019 (request for a preliminary ruling from the Raad van State — Netherlands) — Directie van de Dienst Wegverkeer (RDW) v X, Y and X, Y v Directie van de Dienst Wegverkeer (RDW) and Directie van de Dienst Wegverkeer (RDW) v Z (Reference for a preliminary ruling — Directive 1999/37/EC — Registration documents for vehicles — Omissions in the registration certificates — Mutual recognition — Directive 2007/46/EC — Vehicles manufactured prior to EU harmonisation of technical requirements — Alterations having an impact on the technical characteristics of the vehicle)

9

2019/C 93/12

Case C-386/17: Judgment of the Court (First Chamber) of 16 January 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Stefano Liberato v Luminita Luisa Grigorescu (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and recognition and enforcement of judgments on maintenance obligations — Regulation (EC) No 44/2001 — Article 5(2) — Article 27 — Article 35(3) — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 19 — Lis pendens — Article 22(a) — Article 23(a) — Non-recognition where the decisions are manifestly contrary to public policy — Article 24 — Prohibition of review of jurisdiction of the court of origin — Ground for the non-recognition based on a breach of the rules of lis pendens — Absence)

10

2019/C 93/13

Case C-387/17: Judgment of the Court (First Chamber) of 23 January 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Presidenza dei Consiglio dei Ministri v Fallimento Traghetti del Mediterraneo SpA (Reference for a preliminary ruling — State aid — Existing aid and new aid — Classification — Regulation (EC) No 659/1999 — Article 1(b)(iv) and (v) — Principles of legal certainty and protection of legitimate expectations — Applicability — Subsidies granted before the liberalisation of a market initially closed to competition — Action for damages against the Member State brought by a competitor of the beneficiary company)

11

2019/C 93/14

Case C-389/17: Judgment of the Court (First Chamber) of 16 January 2019 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by ‘Paysera LT’ UAB, formerly ‘EVP International’ UAB (Reference for a preliminary ruling — Taking up of the business of electronic money institutions — Directive 2009/110/EC — Article 5(2) and (3) — Rules on own funds — Own funds required for the pursuit of activities linked to the issuance of electronic money — Definition of ‘activity linked to the issuance of electronic money’ — Issuance, for the benefit of the seller, of electronic money at par value of the funds received)

12

2019/C 93/15

Case C-419/17 P: Judgment of the Court (First Chamber) of 23 January 2019 — Deza, a.s. v European Chemicals Agency, Kingdom of Denmark, Kingdom of the Netherlands, Kingdom of Sweden, Kingdom of Norway (Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Annex XIV — Establishment of a list of substances subject to authorisation — Inclusion in the list of substances identified for eventual inclusion in Annex XIV — Updating of the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) in the list — Misinterpretation and misapplication of the REACH Regulation and of the principle of legal certainty — Distortion of the facts and evidence — Scope of the review)

12

2019/C 93/16

Case C-430/17: Judgment of the Court (Third Chamber) of 23 January 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Walbusch Walter Busch GmbH & Co. KG v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Distance contracts — Article 6(1)(h) — Obligation to provide information on the right of withdrawal — Article 8(4) — Contract concluded through a means of distance communication which allows limited space or time to display the information — Meaning of ‘limited space or time to display the information’ — Brochure inserted in a periodical — Mail order coupon containing a hyperlink referring to information on the right of withdrawal)

13

2019/C 93/17

Case C-477/17: Judgment of the Court (First Chamber) of 24 January 2019 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — Raad van bestuur van de Sociale Verzekeringsbank v D. Balandin, I. Lukachenko, Holiday on Ice Services BV (Reference for a preliminary ruling — Social security — Regulation (EU) No 1231/2010 — Applicable legislation — A1 certificate — Article 1 — Extension of coordination of social security systems to citizens of third countries residing legally in the territory of a Member State — Legal residence — Concept)

14

2019/C 93/18

Case C-496/17: Judgment of the Court (Third Chamber) of 16 January 2019 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Deutsche Post AG v Hauptzollamt Köln (Reference for a preliminary ruling — Customs union — The Union Customs Code — Article 39 — Status of authorised economic operator — Implementing Regulation (EU) 2015/2447 — The second subparagraph of Article 24(1) — Applicant not a natural person — Questionnaire — Collection of personal data — Directive 95/46/EC — Articles 6 and 7 — Regulation (EU) 2016/679 — Articles 5 and 6 — Processing of personal data)

14

2019/C 93/19

Case C-639/17: Judgment of the Court (Fourth Chamber) of 17 January 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — SIA ‘KPMG Baltics’, acting as insolvency administrator of AS ‘Latvijas Krājbanka’ v SIA ‘Ķipars AI’ (Reference for a preliminary ruling — Settlement finality in payment and securities settlement systems — Directive 98/26/EC — Scope — Concept of ‘transfer order’ — Payment order sent by the holder of an ordinary current account to a credit institution subsequently declared insolvent)

15

2019/C 93/20

Case C-661/17: Judgment of the Court (First Chamber) of 23 January 2019 (Request for a preliminary ruling from the High Court (Ireland) — Ireland) — M.A., S.A., A.Z. v International Protection Appeals Tribunal, Minister for Justice and Equality, Attorney General, Ireland (Reference for a preliminary ruling — Asylum policy — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 — Discretionary clauses — Assessment criteria)

16

2019/C 93/21

Case C-698/17 P: Judgment of the Court (Third Chamber) of 23 January 2019 — Toni Klement v European Union Intellectual Property Office (EUIPO) (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 15(1) — Application for revocation of a mark — Three-dimensional mark representing the form of an oven — Genuine use of the mark — Statement of reasons)

17

2019/C 93/22

Case C-74/18: Judgment of the Court (Sixth Chamber) of 17 January 2019 (Request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by A Ltd (Reference for a preliminary ruling — Directive 2009/138/EC — Taking-up and pursuit of the business of insurance and reinsurance — Article 13(13) — Definition of ‘Member State in which the risk is situated’ — Company established in one Member State, providing insurance services relating to contractual risks connected with company conversions in another Member State — Article 157 — Member State levying tax on insurance premiums)

17

2019/C 93/23

Case C-102/18: Judgment of the Court (Sixth Chamber) of 17 January 2019 (request for a preliminary ruling from the Oberlandesgericht Köln — Germany) — Proceedings brought by Klaus Manuel Maria Brisch (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 65(2) — European Certificate of Succession — Application for a certificate — Implementing Regulation (EU) No 1329/2014 — Mandatory or optional nature of the form established by Article 1(4) of Implementing Regulation No 1329/2014)

18

2019/C 93/24

Case C-551/18 PPU: Judgment of the Court (First Chamber) of 6 December 2018 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — Execution of a European arrest warrant issued against IK (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention)

18

2019/C 93/25

Case C-292/18: Request for a preliminary ruling from the Amtsgericht Kassel Zweigstelle Hofgeismar (Germany) lodged on 27 April 2018 — Petra Breyer, Heiko Breyer v SUNDAIR GmbH

19

2019/C 93/26

Case C-308/18 P: Appeal brought on 7 May 2018 by Schniga GmbH against the judgment of the Court (Seventh Chamber) delivered on 23 February 2018 in Case T-445/16, Schniga GmbH v Gemeinschaftliches Sortenamt (CPVO)

19

2019/C 93/27

Case C-444/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 6 July 2018 — Fluctus s.r.o. and Others

20

2019/C 93/28

Case C-463/18 P: Appeal brought on 13 July 2018 by CeramTec GmbH against the judgment of the General Court (Eighth Chamber) delivered on 3 May 2018 in Case T-193/17: CeramTec GmbH v EUIPO

20

2019/C 93/29

Case C-553/18 P: Appeal brought on 29 August 2018 by Lion's Head Global Partners LLP against the judgment of the General Court (Ninth Chamber) delivered on 14 June 2018 in Case T-294/17: Lion's Head Global Partners LLP v EUIPO

20

2019/C 93/30

Case C-554/18 P: Appeal brought on 29 August 2018 by Lion's Head Global Partners LLP against the judgment of the General Court (Ninth Chamber) delivered on 14 June 2018 in Case T-310/17: Lion's Head Global Partners LLP v EUIPO

21

2019/C 93/31

Case C-608/18 P: Appeal brought on 24 September 2018 by the Republic of Cyprus against the judgment of the General Court (Second Chamber) delivered on 13 July 2018 in Case T-825/16: Republic of Cyprus v EUIPO

21

2019/C 93/32

Case C-609/18 P: Appeal brought on 24 September 2018 by the Republic of Cyprus against the judgment of the General Court (Second Chamber) delivered on 13 July 2018 in Case T-847/16: Republic of Cyprus v EUIPO

22

2019/C 93/33

Case C-612/18 P: Appeal brought on 25 September 2018 by ClientEarth against the judgment of the General Court (Eighth Chamber) delivered on 11 July 2018 in Case T-644/16: ClientEarth v Commission

23

2019/C 93/34

Case C-726/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Toscana (Italy) lodged on 22 November 2018 — FW, GY v U.T.G. — Prefettura di Lucca

25

2019/C 93/35

Case C-729/18 P: Appeal brought on 23 November 2018 by VTB Bank PAO, formerly VTB Bank OAO, against the judgment of the General Court (Sixth Chamber) delivered on13 September 2018 in Case T-734/14: VTB Bank v Council

25

2019/C 93/36

Case C-732/18 P: Appeal brought on 23 November 2018 by PAO Rosneft Oil Company, formerly NK Rosneft OAO, RN-Shelf-Arctic OOO, AO RN-Shelf-Far East, formerly RN-Shelf-Dalniy Vostok ZAO, RN-Exploration OOO, Tagulskoe OOO against the judgment of the General Court (Sixth Chamber) delivered on 13 September 2018 in Case T-715/14: Rosneft and Others v Council

26

2019/C 93/37

Case C-749/18: Request for a preliminary ruling from the Cour administrative (Luxembourg) lodged on 30 November 2018 –B, C, D v Administration des contributions directes

27

2019/C 93/38

Case C-750/18: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 3 December 2018 — A, B v C

29

2019/C 93/39

Case C-758/18: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 30 November 2018 — Bulgarian Air Charter Limited v NE

29

2019/C 93/40

Case C-796/18: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 19 December 2018 — Informatikgesellschaft für Software-Entwicklung (ISE) mbH v Stadt Köln

30

2019/C 93/41

Case C-813/18 P: Appeal brought on 21 December 2018 by Deza, a.s. against the judgment of the General Court (Second Chamber) delivered on 24 October 2018 in Case T-400/17 Deza v Commission

31

2019/C 93/42

Case C-823/18 P: Appeal brought on 27 December 2018 by the European Commission against the judgment of the General Court (Fifth Chamber) delivered on 18 October 2018 in Case T-640/16: GEA Group AG v Commission

32

2019/C 93/43

Case C-832/18: Request for a preliminary ruling from the Helsingin hovioikeus (Finland) lodged on 21 December 2018 — A and Others v Finnair Oyj

33

2019/C 93/44

Case C-2/19: Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 4 January 2019 — A.P. v Riigiprokuratuur

34

2019/C 93/45

Case C-5/19: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 4 January 2019 — Оvergaz Mrezhi AD, Non-profit association Bulgarska Gazova Asotsiatsia v Komisia za energiyno i vodno regulirane

34

2019/C 93/46

Case C-8/19: Request for a preliminary ruling from the Spetsializran nakazatelen sad (Bulgaria) lodged on 7 January 2019 — Criminal proceedings against RH

35

2019/C 93/47

Case C-60/19 P: Appeal brought on 24 January 2019 by the Mouvement pour une Europe des nations et des libertés against the judgment of the General Court (Eighth Chamber) delivered on 27 November 2018 in Case T-829/16, Mouvement pour une Europe des nations et des libertés v Parliament

Mouvement pour une Europe des nations et des libertés

Parliament

36

General Court

2019/C 93/48

Case T-400/10 RENV: Judgment of the General Court of 14 December 2018 — Hamas v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Possibility for an authority of a non-member State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Duty to state reasons — Error of assessment — Right to effective judicial protection — Rights of the defence — Right to property)

38

2019/C 93/49

Case T-298/16: Judgment of the General Court of 14 December 2018 — East West Consulting v Commission (Non-contractual liability — Instrument for Pre-Accession Assistance — Third country — National public procurement — Devolved management — Decision 2008/969/EC, Euratom — Early Warning System (EWS) — Activation of a warning in the EWS — Protection of the financial interests of the European Union — Commission’s refusal to give ex ante approval — Contract not awarded — Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the contract — Loss of the opportunity to be awarded other contracts)

40

2019/C 93/50

Case T-348/16 OP: Judgment of the General Court of 17 January 2019 — Aristoteleio Panepistimio Thessalonikis v ERCEA (Arbitration clause — Seventh framework programme for research, technological development and demonstration activities — Minatran project — Eligible costs — Compensation — Judgment by default — Application to have a judgment set aside)

40

2019/C 93/51

Case T-412/16: Judgment of the General Court of 16 January 2019 — Bena Properties v Council (Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality)

41

2019/C 93/52

Case T-413/16: Judgment of the General Court of 16 January 2019 — Cham v Council (Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality)

42

2019/C 93/53

Case T-525/16: Judgment of the General Court of 14 December 2018 — GQ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 31 of Annexe XIII to the Staff Regulations — Assistants in transition — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the ‘senior assistant’ (AST 10) type of post exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Equal treatment — Loss of eligibility for promotion to the next higher grade — Legitimate expectations)

43

2019/C 93/54

Case T-526/16: Judgment of the General Court of 14 December 2018 — FZ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annexe XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Equal treatment — Loss of eligibility for promotion to the next higher grade — Legitimate expectations)

44

2019/C 93/55

Case T-540/16: Judgment of the General Court of 14 December 2018 — FZ and Others v Commission (Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annexe XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit’ or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Concept of an act adversely affecting an official — Confirmatory act — Lis pendens — Compliance with the requirements of the pre-litigation procedure — Inadmissibility)

45

2019/C 93/56

Cases T-641/16 RENV and T-137/17: Judgment of the General Court of 13 December 2018 — Kakol v Commission (Staff case — Officials — Recruitment — Notice of competition — Open competition — Non-admission of a candidate to take part in the tests of the assessment centre — Non-recognition of qualifications or diplomas — Admission to a previous competition — Conditions for similar competitions — Concordance rule between the request and the complaint — Res judicata — Non-compliance with the prior administrative procedure — Measure adversely affecting the applicant within the meaning of Article 91 of the Staff Regulations — Competence of the authority which adopted the measure — Claim for damages)

46

2019/C 93/57

Case T-750/16: Judgment of the General Court of 14 December 2018 — FV v Council (Civil Service — Officials — Article 42c of the Staff Regulations — Leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Liability)

47

2019/C 93/58

Case T-881/16: Judgment of the General Court of 15 January 2019 — HJ v EMA (Civil service — Temporary agents — Partial inadmissibility — Application for an injunction — Access of officials to their personal file — Articles 26 and 26a of the Staff Regulations — Access to documents — Regulation (EC) No 1049/2001 — Personal file made accessible to all members of staff of the EMA — Protection of natural persons with regard to the processing of personal data by EU institutions and bodies — Liability — Non-material harm)

47

2019/C 93/59

Case T-46/17: Judgment of the General Court of 14 December 2018 — TDH Group v EUIPO — Comercial de Servicios Agrigán (Pet Cuisine) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pet Cuisine — Earlier EU figurative mark The Pet CUISINE alimento para mascotas felices Genial — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

48

2019/C 93/60

Case T-111/17: Judgment of the General Court of 15 January 2019 — Computer Market v EUIPO (COMPUTER MARKET) (EU trade mark — Application for the EU figurative mark COMPUTER MARKET — Absolute ground for refusal — Late filing of the notice of appeal — Inadmissibility of the appeal before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — Rule 49(1) of Regulation (EC) No 2868/95 (now Article 23(1)(b) of Delegated Regulation (EU) 2018/625))

49

2019/C 93/61

Case T-128/17: Judgment of the General Court of 14 December 2018 — Torné v Commission (Civil service — Officials — 2014 reform of the Staff Regulations — Leave on personal grounds — Engagement at the same time as a member of the temporary staff — Transitional measures relating to certain details in the calculation of pension rights — Request for an advance ruling — Act having an adverse effect — Purpose of the transitional measures — Application ratione personae — Entry into service)

49

2019/C 93/62

Case T-160/17: Judgment of the General Court of 10 January 2019 — RY v Commission (Civil service — Temporary staff — Article 2(c) of the Conditions of Employment of Other Servants — Open-ended contract — Dismissal — Breakdown in the relationship of trust — Right to be heard — Burden of proof)

50

2019/C 93/63

Case T-464/17: Judgment of the General Court of 14 December 2018 — TP v Commission (Civil service — Officials — Remuneration — Deduction from salary — Maintenance awarded by a national court in the context of divorce proceedings — Sincere cooperation with the national courts — Circumscribed powers — Article 24 of the Staff Regulations — European Code of Good Administrative Behaviour — Rule of correspondence — Act adversely affecting a person — Claim for compensation — Compliance with the pre-litigation procedure)

51

2019/C 93/64

Case T-477/17: Judgment of the General Court of 16 January 2019 — Haswani v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Obligation to state reasons — Proportionality — Error of assessment)

51

2019/C 93/65

Case T-489/17: Judgment of the General Court of 16 January 2019 — Windspiel Manufaktur v EUIPO (Representation of the position of a bottle closure) (EU trade mark — Application for an EU trade mark representing a bottle closure — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))

52

2019/C 93/66

Case T-572/17: Judgment of the General Court of 14 December 2018 — UC v Parliament (Staff case — Officials — Promotion — 2015 promotion round — Staff report — Award of merit points — Obligation to state reasons — Right to be heard — Manifest error of assessment — Liability — Non-material damage)

53

2019/C 93/67

Case T-576/17: Judgment of the General Court of 17 January 2019 — Mas Que Vinos Global v EUIPO — JESA (EL SEÑORITO) (European Union trade mark — Opposition proceedings — Application for EU word mark EL SEÑORITO — Earlier national word mark SEÑORITA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

53

2019/C 93/68

Case T-671/17: Judgment of the General Court of 17 January 2019 — Turbo-K International v EUIPO — Turbo-K (TURBO-K) (EU trade mark — Opposition proceedings — Application for EU work mark TURBO-K — Earlier non-registered marks TURBO-K — Relative ground for refusal — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law actions for passing-off — Goodwill)

54

2019/C 93/69

Case T-761/17: Judgment of the General Court of 14 December 2018 — UR v Commission (Civil service — Open competition — Notice of competition EPSO/AD/322/16 for the recruitment of administrators in the field of audit (AD 5/AD 7) — Eligibility condition — Required qualification — Non-inclusion on the reserve list — Obligation to state reasons — Manifest error of assessment — Article 27, first paragraph, of the Staff Regulations)

55

2019/C 93/70

Case T-801/17: Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest 3-star-guarantee.de) (EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 3-star-guarantee.de — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001))

55

2019/C 93/71

Case T-802/17: Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED) (EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001))

56

2019/C 93/72

Case T-803/17: Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest) (EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001))

57

2019/C 93/73

Case T-832/17: Judgment of the General Court of 10 January 2019 — achtung! v EUIPO (achtung!) (EU trade mark — International registration designating the European Union — Figurative mark achtung! — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)

57

2019/C 93/74

Case T-7/18: Judgment of the General Court of 14 December 2018 — Inforsacom Logicalis v EUIPO (Business and technology working as one) ((EU trade mark — Application for EU word mark Business and technology working as one — Trade mark consisting in an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001))

58

2019/C 93/75

Case T-30/18: Judgment of the General Court of 13 December 2018 — Yado v EUIPO — Dvectis CZ (Support pillow) (Community design — Invalidity proceedings — Community design No 2371591-0001 (Support pillow) — Inadmissibility of the appeal before the Board of Appeal — Sending of a document to EUIPO by means of a contact form — Sending of a document to EUIPO by electronic means and by fax)

58

2019/C 93/76

Case T-40/18: Judgment of the General Court of 17 January 2019 — Ecolab USA v EUIPO (SOLIDPOWER) (EU trade mark — International registration designating the European Union — Word mark SOLIDPOWER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)

59

2019/C 93/77

Case T-91/18: Judgment of the General Court of 17 January 2019 — Equity Cheque Capital Corporation v EUIPO (DIAMOND CARD) (EU trade mark — Application for EU figurative mark DIAMOND CARD — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)

60

2019/C 93/78

Case T-368/18: Judgment of the General Court of 17 January 2019 — ETI Gıda Sanayi ve Ticaret v EUIPO — Grupo Bimbo (ETI Bumbo) (European Union trade mark — Opposition proceedings — Application for EU word mark ETI Bumbo — Earlier EU figurative mark BIMBO — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the signs — Distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EU) 2017/1001)

60

2019/C 93/79

Case T-160/18: Order of the General Court of 16 January 2019 — Theodorakidi v EUIPO — Benopoulou (THYREOS VASSILIKI) (EU trade mark — Invalidity proceedings — EU figurative mark THYREOS VASSILIKI — Declaration of invalidity — Right to the name Vassiliki in Greece — Relative ground for invalidity regarding the infringement of the right to a name — Article 60(2)(a) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)

61

2019/C 93/80

Case T-304/18: Order of the General Court of 23 January 2019 — MLPS v Commission (Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility)

61

2019/C 93/81

Case T-331/18: Order of the General Court of 16 January 2019 — Szécsi and Somossy v Commission (Action for damages — Law governing the institutions — Failure by the Commission to adopt appropriate measures to ensure compliance, by Hungarian courts, with Article 13 of Directive 2005/29/EC and the relevant national transposition measure — Inadmissibility)

62

2019/C 93/82

Case T-436/18: Order of the General Court of 23 January 2019 — Prigent v Commission (Action for annulment — Decision to take no further action on a complaint — Refusal of the Commission to bring infringement proceedings — Act not open to challenge — No direct concern — Inadmissibility)

62

2019/C 93/83

Case T-557/18: Order of the General Court of 10 January 2019 — LG Electronics v EUIPO — Beko (BECON) (EU trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)

63

2019/C 93/84

Case T-574/18 R: Order of the President of the General Court of 21 January 2019 — Agrochem-Maks v Commission (Application for interim measures — Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests)

64

2019/C 93/85

Case T-751/18: Action brought on 21 December 2018 — Daimler v Commission

64

2019/C 93/86

Case T-755/18: Action brought on 22 December 2018 — FL Brüterei M-V and Others v Commission

65

2019/C 93/87

Case T-756/18: Action brought on 28 December 2018 — AG v Europol

67

2019/C 93/88

Case T-760/18: Action brought on 20 December 2018 — Intercontinental Exchange Holdings v EUIPO — New York Mercantile Exchange (NYMEX BRENT)

68

2019/C 93/89

Case T-6/19: Action brought on 4 January 2019 — Irish Wind Farmers’ Association and Others v Commission

69

2019/C 93/90

Case T-10/19: Action brought on 4 January 2019 — United States Seafoods v EUIPO (UNITED STATES SEAFOODS)

69

2019/C 93/91

Case T-17/19: Action brought on 11 January 2019 — Giulia Moi v Parliament

70

2019/C 93/92

Case T-21/19: Action brought on 11 January 2019 — Pablosky v EUIPO — docPrice (mediFLEX easystep)

71

2019/C 93/93

Case T-23/19: Action brought on 14 January 2019 — Limango v EUIPO — Consolidated Artists (limango)

72

2019/C 93/94

Case T-24/19: Action brought on 11 January 2019 — INC and Consorzio Stabile Sis v Commission

73

2019/C 93/95

Case T-29/19: Action brought on 15 January 2019 — Idea Groupe v EUIPO — The Logistical Approach (Idealogistic Verhoeven Greatest care in getting it there)

73

2019/C 93/96

Case T-35/19: Action brought on 17 January 2019 — Benavides Torres/Council

74

2019/C 93/97

Case T-36/19: Action brought on 18 January 2019 — PE Digital v EUIPO — Spark Networks Services (ElitePartner)

75

2019/C 93/98

Case T-40/19: Action brought on 21 January 2019 — Amigüitos pets & life v EUIPO – Société des produits Nestlé (THE ONLY ONE by alphaspirit wild and perfect)

76

2019/C 93/99

Case T-44/19: Action brought on 23 January 2019 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club)

77

2019/C 93/100

Case T-46/19: Action brought on 25 January 2019 — Hellenic Republic v Commission

78

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| EN | For reasons of protection of personal data and/or confidentiality, some information contained in this issue cannot be disclosed anymore and therefore a new authentic version has been published. |
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EN

For reasons of protection of personal data and/or confidentiality, some information contained in this issue cannot be disclosed anymore and therefore a new authentic version has been published.