do-me/EUR-LEX huggingface dataset:
Case T-716/16: Action brought on 10 October 2016 — Pfizer and Pfizer Santé Familiale v Commission
Date: 2016-10-10
Institutions: General Court
Subjects: Combined Nomenclature, adhesive, chemical product, specification of tariff heading








C_2016462EN.01002902.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/29





Action brought on 10 October 2016 — Pfizer and Pfizer Santé Familiale v Commission

(Case T-716/16)
(2016/C 462/38)
Language of the case: English

Parties


Applicants: Pfizer Ltd (Sandwich, United Kingdom), Pfizer Santé Familiale (Paris, France) (represented by: L. Catrain González, lawyer, and E. Wright, barrister-at-law)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul Commission Implementing Regulation (EU) 2016/1140 of 8 July 2016 concerning the classification of certain goods in the Combined Nomenclature (OJ 2016 L 189, p. 1);










—


order the European Commission to pay the costs of the proceedings.





Plea in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the European Commission infringed the Combined Nomenclature by failing to follow the precise order prescribed by the General Rules of interpretation in Chapter A of Part I of the Combined Nomenclature for the classification of goods.






—


The Commission committed an error of law by applying General Rule 3 in the classification of a good which is not prima facie classifiable under two or more headings of the Combined Nomenclature; and










—


the Commission committed a second error of law by applying General Rule 3(b) without applying General Rule 3(a), which gives priority to the classification under the more specific headings.
Commission Implementing Regulation (EU) 2016/1865 of 10 October 2016 entering a name in the register of protected designations of origin and protected geographical indications (Šoltansko maslinovo ulje (PDO))
Date: 2016-10-10
Institutions: European Commission
Subjects: Croatia, designation of origin, labelling, olive oil, product designation








L_2016286EN.01000301.xml










21.10.2016   


EN


Official Journal of the European Union


L 286/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1865
of 10 October 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Šoltansko maslinovo ulje (PDO))


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, Croatia's application to register the name ‘Šoltansko maslinovo ulje’ 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 ‘Šoltansko maslinovo ulje’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Šoltansko maslinovo ulje’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.5. Oils and fats (butter, margarine, oil, 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, 10 October 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 195, 2.6.2016, p. 15.

(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 T-727/16: Action brought on 10 October 2016 — Repower v EUIPO — repowermap (REPOWER)
Date: 2016-10-10
Institutions: General Court
Subjects: EU trade mark, electrical energy, energy production, registered trade mark, renewable energy, trade-mark law








C_2016462EN.01003401.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/34





Action brought on 10 October 2016 — Repower v EUIPO — repowermap (REPOWER)
(Case T-727/16)
(2016/C 462/44)
Language in which the application was lodged: German

Parties


Applicant: Repower AG (Brusio, Switzerland) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: repowermap.org (Bern, Switzerland)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: International registration of the word mark ‘REPOWER’ designating the European Union — International registration No 1 020 351 designating the European Union

Procedure before EUIPO: Revocation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 August 2016 in Case R 2311/2014-5 (REV)

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 80 of Regulation No 207/2009;










—


Infringement of Article 75 of Regulation No 207/2009.
Council Decision (EU) 2016/1836 of 10 October 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
Date: 2016-10-10
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of members








L_2016280EN.01002701.xml










18.10.2016   


EN


Official Journal of the European Union


L 280/27








            COUNCIL DECISION (EU) 2016/1836
of 10 October 2016
         
appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Austrian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 13 May 2016, by Council Decision (EU) 2016/814 (4), Ms Elisabeth VITOUCH was replaced by Ms Muna DUZDAR as an alternate member.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Muna DUZDAR,





HAS ADOPTED THIS DECISION:



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






—


Mr Peter FLORIANSCHÜTZ, Abgeordneter zum Wiener Landtag und Mitglied des Gemeinderats der Stadt Wien.






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




Done at Brussels, 10 October 2016.


For the Council


The President

G. MATEČNÁ
            





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

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

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

(4)  Council Decision (EU) 2016/814 of 13 May 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions (OJ L 133, 24.5.2016, p. 8).
Commission Implementing Regulation (EU) 2016/1864 of 10 October 2016 entering a name in the register of protected designations of origin and protected geographical indications (Chapon du Périgord (PGI))
Date: 2016-10-10
Institutions: European Commission
Subjects: Aquitaine, France, Limousin, Midi-Pyrenées, Poitou-Charentes, designation of origin, fresh meat, labelling, poultrymeat, product designation








L_2016286EN.01000101.xml










21.10.2016   


EN


Official Journal of the European Union


L 286/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1864
of 10 October 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Chapon du Périgord (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 ‘Chapon du Périgord’ 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 ‘Chapon du Périgord’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Chapon du Périgord’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), 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, 10 October 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 205, 9.6.2016, p. 17.

(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 T-731/16: Action brought on 10 October 2016 — Perifereia Stereas Elladas v Commission
Date: 2016-10-10
Institutions: General Court
Subjects: EU employment policy, EU programme, European social policy, distribution of EU funding, employment aid, equal treatment, fight against unemployment, principle of proportionality, social services








C_2016462EN.01003601.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/36





Action brought on 10 October 2016 — Perifereia Stereas Elladas v Commission
(Case T-731/16)
(2016/C 462/46)
Language of the case: Greek

Parties


Applicant: Perifereia Stereas Elladas (Lamia, Greece) (represented by: K. Bakas, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


Annul and declare void the contested decision of 10 August 2016 bearing the number 4310049 (Ares(2016) 4310049 — 10/08/2016) of the European Commission’s DG Employment, Social Affairs and Inclusion, signed by the Director for Social Affairs, whereby the Commission rejected the proposal dated 3 December 2015 seeking funding which the consortium of which the applicant is the leading member submitted with respect to the European programme for Employment and Social Innovation EASI (PROGRESS AXIS) 2014-2020 for ‘social policy innovations supporting reforms in social services’ on grant application form VP/2-15/011· and;










—


order the European Commission to pay the applicant’s costs and the fees of the lawyer representing it.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


The first plea in law is based on the claim that European Commission erred in its assessment of the content of the applicant’s proposal.










2.


The second plea in law is based on an infringement of the principle of proportionality. The applicant maintains that, if it is argued that the rejection was made for formal reasons, the contested act must be annulled as being contrary to the Community principles of proportionality and good administration.










3.


The first plea in law is based on an infringement of the principle of equal treatment due to the fact that, while, where there were technical problems, an extension of time was given to any applicants who had not submitted a proposal, on the other hand no corresponding right was given to applicants who had submitted their proposals to provide corrections or supplementary information or clarification.
Council Decision (EU) 2018/600 of 10 October 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and New Zealand on cooperation and mutual administrative assistance in customs matters
Date: 2016-10-10
Institutions: Council of the European Union
Subjects: New Zealand, administrative cooperation, cooperation agreement (EU), customs cooperation, signature of an agreement, simplification of formalities








L_2018101EN.01000301.xml










20.4.2018   


EN


Official Journal of the European Union


L 101/3








            COUNCIL DECISION (EU) 2018/600
of 10 October 2016
         
on the signing, on behalf of the European Union, of the Agreement between the European Union and New Zealand on cooperation and mutual administrative assistance in customs matters


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(5), thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 22 July 2013, the Council authorised the Commission to open negotiations with New Zealand with a view to concluding an Agreement between the European Union and New Zealand on cooperation and mutual administrative assistance in customs matters (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 23 September 2015.












(2)


The purpose of the Agreement is to establish the legal basis for a cooperation framework which aims to secure the supply chain and facilitate legitimate trade, as well as enable the exchange of information to ensure the proper application of customs legislation and the prevention, investigation and combating of breaches of customs legislation.












(3)


The Agreement should be signed,





HAS ADOPTED THIS DECISION:



Article 1
The signing, on behalf of the Union, of the Agreement between the European Union and New Zealand on cooperation and mutual administrative assistance in customs matters is hereby authorised, subject to the conclusion of that Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 10 October 2016.


For the Council


The President

G. MATEČNÁ
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Council Decision (EU) 2016/1873 of 10 October 2016 on the signing, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation
Date: 2016-10-10
Institutions: Council of the European Union
Subjects: Caribbean Islands, Latin America, agreement (EU), foundation, international organisation, signature of an agreement








L_2016288EN.01000101.xml










22.10.2016   


EN


Official Journal of the European Union


L 288/1








            COUNCIL DECISION (EU) 2016/1873
of 10 October 2016
         
on the signing, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209(2) and 212(1), in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,


Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,

Whereas:







(1)


On 23 March 2012, the Council authorised the Commission to open negotiations for an international agreement between the European Union and its Member States and the Latin American and Caribbean countries on the creation of the EU-LAC Foundation as an international organisation.












(2)


Negotiations for the Agreement establishing the EU-LAC International Foundation (‘the Agreement’) were successfully concluded on 29 January 2015.












(3)


The Agreement will establish the EU-LAC Foundation as an international organisation with legal personality under public international law.












(4)


The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.












(5)


When acting in the framework of the EU-LAC Foundation, the Union and its Member States should coordinate their positions in accordance with the Treaties and with the principle of sincere cooperation,





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Agreement establishing the EU-LAC International Foundation is hereby authorised, subject to the conclusion of the said Agreement.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the day following that of its adoption.




Done at Luxembourg, 10 October 2016.


For the Council


The President

G. MATEČNÁ