do-me/EUR-LEX huggingface dataset:
Case T-4/15: Judgment of the General Court of 7 September 2016 — Beiersdorf v EUIPO (Q10) (EU trade mark — Application for EU figurative mark Q10 — Refusal to register a disclaimer as to the scope of the protection — Article 37(2) of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive Character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009)
Date: 2016-09-07
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2016383EN.01001301.xml










17.10.2016   


EN


Official Journal of the European Union


C 383/13





Judgment of the General Court of 7 September 2016 — Beiersdorf v EUIPO (Q10)
(Case T-4/15) (1)

((EU trade mark - Application for EU figurative mark Q10 - Refusal to register a disclaimer as to the scope of the protection - Article 37(2) of Regulation (EC) No 207/2009 - Absolute grounds for refusal - Descriptive Character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation No 207/2009))
(2016/C 383/18)
Language of the case: German

Parties


Applicant: Beiersdorf AG (Hamburg, Germany) (represented initially by: A. Renck and J. Fuhrmann, and subsequently by J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 8 October 2014 (Case R 2050/2013-1), relating to an application for registration of the figurative sign Q10 as an EU trademark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Beiersdorf AG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 65, 23.2.2015.
Commission Regulation (EU) 2016/1639 of 7 September 2016 establishing a prohibition of fishing for haddock in VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1 by vessels flying the flag of Belgium
Date: 2016-09-07
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2016244EN.01000301.xml










13.9.2016   


EN


Official Journal of the European Union


L 244/3








            COMMISSION REGULATION (EU) 2016/1639
of 7 September 2016
         
establishing a prohibition of fishing for haddock in VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1 by vessels flying the flag of Belgium


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2016/72 (2) lays down quotas for 2016.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 September 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).




ANNEX






No


16/TQ72




Member State


Belgium




Stock


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)





Zone


VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1




Closing date


2.7.2016
Decision (EU, Euratom) 2016/1656 of the Representatives of the Governments of the Member States of 7 September 2016 appointing an Advocate-General to the Court of Justice
Date: 2016-09-07
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








L_2016247EN.01001701.xml










15.9.2016   


EN


Official Journal of the European Union


L 247/17








            DECISION (EU, Euratom) 2016/1656 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 7 September 2016
         
appointing an Advocate-General to the Court of Justice


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


The terms of office of 14 Judges and four Advocates-General of the Court of Justice expired on 6 October 2015. In addition, Council Decision 2013/336/EU (1) increased the number of Advocates-General of the Court of Justice to 11, with effect from 7 October 2015.












(2)


It is on that basis that Mr Evgeni TANCHEV was nominated for the post of Advocate-General of the Court of Justice.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Evgeni TANCHEV to perform the duties of Advocate-General of the Court of Justice.












(4)


Mr Evgeni TANCHEV should therefore be appointed for the period from the date of entry into force of this Decision to 6 October 2021,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Evgeni TANCHEV is hereby appointed an Advocate-General of the Court of Justice for the period from the date of entry into force of this Decision to 6 October 2021.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 7 September 2016.


The President

P. JAVORČÍK
            





(1)  Council Decision 2013/336/EU of 25 June 2013 increasing the number of Advocates-General of the Court of Justice of the European Union (OJ L 179, 29.6.2013, p. 92).
Case C-228/15: Order of the Court (Fifth Chamber) of 7 September 2016 — (Reference for a preliminary ruling from the Tribunale di Catania — Italy) — Criminal proceedings against Snezhana Velikova (Preliminary ruling — Right of Union citizens to move and reside within the territory of the European Union — Lack of relevance of the request for a preliminary ruling to settle the dispute in the main proceedings — Manifest inadmissibility)
Date: 2016-09-07
Institutions: Court of Justice
Subjects: EU law, EU national, EU visa policy, European citizenship, family, foreign national, freedom of movement, residence permit








C_2016454EN.01000801.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/8






Order of the Court (Fifth Chamber) of 7 September 2016 — (Reference for a preliminary ruling from the Tribunale di Catania — Italy) — Criminal proceedings against Snezhana Velikova
(Case C-228/15) (1)

((Preliminary ruling - Right of Union citizens to move and reside within the territory of the European Union - Lack of relevance of the request for a preliminary ruling to settle the dispute in the main proceedings - Manifest inadmissibility))
(2016/C 454/16)
Language of the case: Italian

Referring court

Tribunale di Catania

Criminal proceedings against

Snezhana Velikova

Re:

The application for a preliminary ruling from the Tribunale de Catania (Catania District Court), made by decision of 7 January 2015, is manifestly inadmissible.


(1)  OJ C 245, 27.7.2015.
Commission Regulation (EU) 2016/1640 of 7 September 2016 establishing a prohibition of fishing for mackerel in VIIIc, IX and X; Union waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2016-09-07
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2016244EN.01000501.xml










13.9.2016   


EN


Official Journal of the European Union


L 244/5








            COMMISSION REGULATION (EU) 2016/1640
of 7 September 2016
         
establishing a prohibition of fishing for mackerel in VIIIc, IX and X; Union waters of CECAF 34.1.1 by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2016/72 (2) lays down quotas for 2016.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 September 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).




ANNEX






No


17/TQ72




Member State


Portugal




Stock


MAC/8C3411




Species


Mackerel (Scomber scombrus)





Zone


VIIIc, IX and X; Union waters of CECAF 34.1.1




Closing date


1.7.2016
Case C-586/15 P: Order of the Court (Seventh Chamber) of 7 September 2016 — Lotte Co. Ltd v European Union Intellectual Property Office (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala — Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA — Proof of genuine use of the mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2016-09-07
Institutions: Court of Justice
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2016454EN.01001202.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/12






Order of the Court (Seventh Chamber) of 7 September 2016 — Lotte Co. Ltd v European Union Intellectual Property Office
(Case C-586/15 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala - Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA - Proof of genuine use of the mark - Use of the mark in a form differing by elements not altering the distinctive character of the mark - Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 - Appeal in part manifestly inadmissible and in part manifestly unfounded))
(2016/C 454/24)
Language of the case: German

Parties


Appellant: Lotte Co. Ltd (represented by: M. Knitter, lawyer)

The other parties to the proceedings: Nestlé Unternehmungen Deutschland GmbH (represented by: A. Jaeger-Lenz, lawyer), European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Operative part of the judgment

The Court:






1)


Dismisses the appeal;










2)


Orders Lotte Co. Ltd to bear, in addition to its own costs, the costs incurred by Nestlé Unternehmungen Deutschland GmbH;










3)


The European Union Intellectual Property Office (EUIPO) shall bear its own costs.






(1)  OJ C 59, 15.2.2016.
Notice of the impending expiry of certain anti-dumping measures
Date: 2016-09-07
Institutions: European Commission
Subjects: China, anti-dumping duty, import (EU), organic acid, originating product








C_2016329EN.01000501.xml










7.9.2016   


EN


Official Journal of the European Union


C 329/5





Notice of the impending expiry of certain anti-dumping measures
(2016/C 329/05)
1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Tartaric acid


The People’s Republic of China


Anti-dumping duty


Council Implementing Regulation (EU) No 349/2012 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 110, 24.4.2012, p. 3).


25.4.2017






(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight of the day mentioned in this column.
Case T-639/16 P: Appeal brought on 7 September 2016 by FV against the judgment of the Civil Service Tribunal of 28 June 2016 in Case F-40/15, FV v Council
Date: 2016-09-07
Institutions: General Court
Subjects: Civil Service Tribunal, European official, appointment of members, member of the Court of Justice (EU), staff assessment








C_2016419EN.01004901.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/49





Appeal brought on 7 September 2016 by FV against the judgment of the Civil Service Tribunal of 28 June 2016 in Case F-40/15, FV v Council
(Case T-639/16 P)
(2016/C 419/65)
Language of the case: French

Parties


Appellant: FV (Rhode-St-Genèse, Belgium) (represented by L. Levi, lawyer)

Other party to the proceedings: Council of the European Union

Form of order sought by the appellant







—


Set aside the judgment of the European Union Civil Service Tribunal of 28 June 2016 in Case F-40/15;










—


Consequently, uphold the claims of the appellant at first instance and, accordingly:






—


annul the staff report drawn up on the appellant for 2013;










—


order the Council of the European Union to pay the costs;














—


Order the other party to the proceedings to pay all the costs of both instances.





Pleas in law and main arguments

In support of the appeal, the appellant relies on three grounds of appeal.






1.


First ground of appeal, alleging that the judgment under appeal was delivered by a formation of the Tribunal composed in infringement of Article 27(3) of the Rules of Procedure of the CST.
The appellant is of the view that that infringement is characterised by the fact that Council Decision 2016/454 appointing three Judges to the European Union Civil Service Tribunal is itself vitiated by a lack of jurisdiction, an infringement of Articles 257 TFEU and 281 TFEU, an infringement of Annex I to Protocol No 3 to the Statute of the Court of Justice, an infringement of Article 13(2) TEU and an infringement of Council Decision 2005/150/EC of 18 January 2005 concerning the conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal.










2.


Second ground of appeal, alleging infringement of the review, by the first judge, of the manifest error of assessment, infringement of the obligation to state reasons placed on the defendant, infringement of the obligation to state reasons on the first judge, distortion of the file and infringement of the Guide to Staff Reports.










3.


Third ground of appeal, alleging infringement of the duty of care and a distortion of the file.
Commission Implementing Regulation (EU) 2016/1676 of 7 September 2016 entering a name in the register of protected designations of origin and protected geographical indications (Saucisson sec d'Auvergne/Saucisse sèche d'Auvergne (PGI))
Date: 2016-09-07
Institutions: European Commission
Subjects: Auvergne, France, Limousin, designation of origin, labelling, meat product, product designation








L_2016254EN.01000501.xml










20.9.2016   


EN


Official Journal of the European Union


L 254/5








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1676
of 7 September 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Saucisson sec d'Auvergne/Saucisse sèche d'Auvergne (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Saucisson sec d'Auvergne’/‘Saucisse sèche d'Auvergne’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Saucisson sec d'Auvergne’/‘Saucisse sèche d'Auvergne’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Saucisson sec d'Auvergne’/‘Saucisse sèche d'Auvergne’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.2. Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 September 2016.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 160, 4.5.2016, p. 14.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-485/16 P: Appeal brought on 7 September 2016 by Universal Protein Supplements Corp. against the judgment of the General Court (Fourth Chamber) delivered on 29 June 2016 in Cases T-727/14 and T-728/14: UNIVERSAL PROTEIN SUPPLEMENTS v EUIPO — H YOUNG HOLDINGS (ANIMAL)
Date: 2016-09-07
Institutions: Court of Justice
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, sports equipment, trade-mark law








C_2017095EN.01000402.xml










27.3.2017   


EN


Official Journal of the European Union


C 95/4





Appeal brought on 7 September 2016 by Universal Protein Supplements Corp. against the judgment of the General Court (Fourth Chamber) delivered on 29 June 2016 in Cases T-727/14 and T-728/14: UNIVERSAL PROTEIN SUPPLEMENTS v EUIPO — H YOUNG HOLDINGS (ANIMAL)
(Case C-485/16 P)
(2017/C 095/09)
Language of the case: English

Parties


Appellant: Universal Protein Supplements Corp. (represented by: S. Malynicz QC)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), H Young Holdings plc
By order of 31 January 2017 the Court of Justice (Eighth Chamber) held that the appeal was inadmissible.