do-me/EUR-LEX huggingface dataset:
Case T-693/15: Judgment of the General Court of 20 October 2016 — Clover Canyon v EUIPO — Kaipa Sportswear (CLOVER CANYON) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion)
Date: 2016-10-20
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, trade-mark law








C_2016454EN.01002402.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/24






Judgment of the General Court of 20 October 2016 — Clover Canyon v EUIPO — Kaipa Sportswear (CLOVER CANYON)
(Case T-693/15) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark CLOVER CANYON - Earlier national word mark CANYON - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion))
(2016/C 454/44)
Language of the case: English

Parties


Applicant: Clover Canyon, Inc. (Los Angeles, California, United States) (represented by: T. Schmitz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Kaipa Sportswear GmbH (Heilbronn, Germany) (represented by: D. Pauli, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 August 2015 (Case R 3018/2014-5), relating to opposition proceedings between Kaipa Sportswear and Clover Canyon.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Clover Canyon, Inc. to pay the costs.






(1)  OJ C 38, 1.2.2016.
Commission Implementing Regulation (EU) 2016/1922 of 20 October 2016 entering a name in the register of protected designations of origin and protected geographical indications [Poularde du Périgord (PGI)]
Date: 2016-10-20
Institutions: European Commission
Subjects: Aquitaine, France, Limousin, Midi-Pyrenées, Poitou-Charentes, designation of origin, labelling, poultrymeat, product designation








L_2016297EN.01001201.xml










4.11.2016   


EN


Official Journal of the European Union


L 297/12








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1922
of 20 October 2016
         
entering a name in the register of protected designations of origin and protected geographical indications [Poularde 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 ‘Poularde 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 ‘Poularde du Périgord’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Poularde 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, 20 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 228, 24.6.2016, p. 3.

(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).
Euro exchange rates
Date: 2016-10-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2016386EN.01000801.xml










20.10.2016   


EN


Official Journal of the European Union


C 386/8





Euro exchange rates (1)

19 October 2016
(2016/C 386/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0979 




JPY


Japanese yen


113,49 




DKK


Danish krone


7,4409 




GBP


Pound sterling


0,89338 




SEK


Swedish krona


9,6980 




CHF


Swiss franc


1,0854 




ISK


Iceland króna


 




NOK


Norwegian krone


8,9585 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


307,08 




PLN


Polish zloty


4,3180 




RON


Romanian leu


4,5020 




TRY


Turkish lira


3,3724 




AUD


Australian dollar


1,4298 




CAD


Canadian dollar


1,4361 




HKD


Hong Kong dollar


8,5175 




NZD


New Zealand dollar


1,5232 




SGD


Singapore dollar


1,5228 




KRW


South Korean won


1 233,88 




ZAR


South African rand


15,2650 




CNY


Chinese yuan renminbi


7,3963 




HRK


Croatian kuna


7,5075 




IDR


Indonesian rupiah


14 267,21 




MYR


Malaysian ringgit


4,5971 




PHP


Philippine peso


52,692 




RUB


Russian rouble


68,6223 




THB


Thai baht


38,317 




BRL


Brazilian real


3,5063 




MXN


Mexican peso


20,4850 




INR


Indian rupee


73,1890 






(1)  Source: reference exchange rate published by the ECB.
Case C-429/15: Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General (Reference for a preliminary ruling — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum — Procedural autonomy of the Member States — Principle of equivalence — Principle of effectiveness — Proper conduct of the procedure for examining the application for subsidiary protection — Proper conduct of the return procedure — Not compatible)
Date: 2016-10-20
Institutions: Court of Justice
Subjects: foreign national, national law, refugee, removal, right of asylum








C_2016475EN.01000701.xml










19.12.2016   


EN


Official Journal of the European Union


C 475/7





Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General
(Case C-429/15) (1)

((Reference for a preliminary ruling - Directive 2004/83/EC - Minimum standards for granting refugee status or subsidiary protection status - National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum - Procedural autonomy of the Member States - Principle of equivalence - Principle of effectiveness - Proper conduct of the procedure for examining the application for subsidiary protection - Proper conduct of the return procedure - Not compatible))
(2016/C 475/09)
Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings


Appellant: Evelyn Danqua

Respondents: Minister for Justice and Equality, Ireland, Attorney General

Operative part of the judgment

The principle of effectiveness must be interpreted as precluding a national procedural rule, such as that at issue in the main proceedings, which requires an application for subsidiary protection status to be made within a period of 15 working days of notification, by the competent authority, that an applicant whose asylum application has been rejected may make an application for subsidiary protection.


(1)  OJ C 320, 28.9.2015.
Commission Implementing Regulation (EU) 2016/1921 of 20 October 2016 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Štajersko prekmursko bučno olje (PGI)]
Date: 2016-10-20
Institutions: European Commission
Subjects: Koroška, Podravska, Pomurska, Savinjska, Slovenia, designation of origin, labelling, product designation, vegetable oil








L_2016297EN.01001101.xml










4.11.2016   


EN


Official Journal of the European Union


L 297/11








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1921
of 20 October 2016
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Štajersko prekmursko bučno olje (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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission examined Slovenia's application for the approval of amendments to the specification for the protected geographical indication ‘Štajersko prekmursko bučno olje’, registered under Commission Implementing Regulation (EU) No 901/2012 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Štajersko prekmursko bučno olje’ (PGI) are hereby approved.


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, 20 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)  Commission Implementing Regulation (EU) No 901/2012 of 2 October 2012 entering a name in the register of protected designations of origin and protected geographical indications (Štajersko prekmursko bučno olje (PGI)) (OJ L 268, 3.10.2012, p. 3).

(3)  
            OJ C 225, 22.6.2016, p. 11.
Case C-534/16: Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia) lodged on 20 October 2016 — Tax Directorate of the Slovak Republic v BB construct s.r.o.
Date: 2016-10-20
Institutions: Court of Justice
Subjects: VAT, bankruptcy, equal treatment, legal person, managing director, national law, right of establishment, tax collection, tax evasion, tax law








C_2017022EN.01000601.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/6





Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia) lodged on 20 October 2016 — Tax Directorate of the Slovak Republic v BB construct s.r.o.
(Case C-534/16)
(2017/C 022/09)
Language of the case: Slovak

Referring court

Najvyšší súd Slovenskej republiky

Parties to the main proceedings


Appellant: Tax Directorate of the Slovak Republic

Respondent: BB construct s.r.o.

Questions referred







1.


Is it possible to interpret as in accordance with the objective of Article 273 of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax, that is, the prevention of VAT evasion, an approach on the part of a national body which considers the fact that the current director of a legal person was also the director of another legal person which has outstanding tax liabilities to be a ground under national law for requiring payment of a tax deposit of up to the value of EUR 500 000?










2.


May it be held that the abovementioned tax deposit, given its amount, which may be up to the value of EUR 500 000 as in the present case, is consistent with the freedom to conduct a business under Article 16 [of the Charter of Fundamental Rights of the European Union], does not directly force the taxable person to declare bankruptcy, does not constitute discrimination under Article 21(1) [of the Charter] and does not constitute a breach, in the area of the levying of VAT, of the ne bis in idem principle or of the prohibition on retroactivity under Article 49(1) and (3) of the Charter?






(1)  OJ 2006 L 347, p. 1.
Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Contracting Entity — extension of deadline
Date: 2016-10-20
Institutions: European Commission
Subjects: Finland, award of contract, coal mining, peat








C_2016386EN.01001801.xml










20.10.2016   


EN


Official Journal of the European Union


C 386/18





Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU
Request made by a Contracting Entity — extension of deadline
(2016/C 386/11)
On 2 February 2016 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request is 3 February 2016.
This request is made by Vapo Oy and concerns activities relating to the exploitation of a geographical area for the purposes of extracting fuel peat on the territory of Finland. The relevant notice was published on page 9 of OJ C 96 on 11 March 2016. A prolongation notice was published on page 25 of the OJ C 301 of 19 August 2016.
Pursuant to Annex IV, point 2 of Directive 2014/25/EU, the Commission may require the Member State or the applicant or the independent national authority competent or any other competent national authority to provide all necessary information or to supplement or clarify information given within the appropriate time limit. On 7 June 2016 the Commission asked the Finnish authorities to provide additional information by 28 June 2016.
Pursuant to Annex IV, point 2, second phrase of Directive 2014/25/EU in case of late or incomplete answers to the Commission’s request for clarification or for the additional information, the deadlines, shall be suspended for the period between the expiry of the time limit set in the request for information and the receipt of the complete and correct information. The reply of the Finnish authorities was received on 26 September 2016. The final deadline is therefore 23 January 2017.


(1)  OJ L 94, 28.3.2014, p. 243.
Non-opposition to a notified concentration (Case M.8203 — Blackstone/New Mountain/JDA Software) (Text with EEA relevance)
Date: 2016-10-20
Institutions: European Commission
Subjects: economic concentration, merger control, software








C_2016386EN.01000201.xml










20.10.2016   


EN


Official Journal of the European Union


C 386/2





Non-opposition to a notified concentration
(Case M.8203 — Blackstone/New Mountain/JDA Software)
(Text with EEA relevance)
(2016/C 386/03)
On 10 October 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


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










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8203. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.