do-me/EUR-LEX huggingface dataset:
Election of the President of the General Court
Date: 2016-10-24
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU), president of an institution








C_2016392EN.01000201.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/2





Election of the President of the General Court
(2016/C 392/02)
Meeting on 20 September 2016, the Judges of the General Court, in accordance with Article 9(1) of the Rules of Procedure, elected Mr Marc Jaeger President of the General Court for the period from 20 September 2016 to 31 August 2019.
Elections of Presidents of Chambers
Date: 2016-10-24
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








C_2016392EN.01000203.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/2





Elections of Presidents of Chambers
(2016/C 392/04)
On 21 September 2016, the General Court, in accordance with Article 18 of the Rules of Procedure, elected Ms Pelikánová, Mr Prek, Mr Frimodt Nielsen, Mr Kanninen, Mr Gratsias, Mr Berardis, Ms Tomljenović, Mr Collins and Mr Gervasoni as Presidents of the Chambers sitting with three and with five Judges for the period from 21 September 2016 to 31 August 2019.
Case C-537/16: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 24 October 2016 — Garlsson Real Estate SA, in liquidation, and Others v Commissione Nazionale per le Società e la Borsa (Consob)
Date: 2016-10-24
Institutions: Court of Justice
Subjects: European Convention on Human Rights, administrative procedure, enforcement of ruling, national law








C_2017022EN.01000702.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/7





Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 24 October 2016 — Garlsson Real Estate SA, in liquidation, and Others v Commissione Nazionale per le Società e la Borsa (Consob)
(Case C-537/16)
(2017/C 022/11)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellants: Garlsson Real Estate SA, in liquidation, Stefano Ricucci, Magiste International SA

Cross-appellant: Commissione Nazionale per le Società e la Borsa (Consob)

Questions referred







1.


Does Article 50 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 4 of Protocol No 7 to the European Convention on Protection of Human Rights and Fundamental Freedoms, the relevant case-law of the European Court of Human Rights and national law, preclude the possibility of conducting administrative proceedings in respect of an act (unlawful conduct consisting in market manipulation) for which the same person has been convicted by a decision that has the force or res judicata?










2.


May the national court directly apply EU principles in connection with the ne bis in idem principle, on the basis of Article 50 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 4 of Protocol No 7 to the European Convention on the Protection of Human Rights and Fundamental Freedoms, the relevant case-law of the European Court of Human Rights and national law?
Case T-771/16: Action brought on 24 October 2016 — Toontrack Music v EUIPO (EZMIX)
Date: 2016-10-24
Institutions: General Court
Subjects: EU trade mark, music, registered trade mark, software, trade-mark law








C_2017014EN.01004501.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/45






Action brought on 24 October 2016 — Toontrack Music v EUIPO (EZMIX)
(Case T-771/16)
(2017/C 014/53)
Language of the case: Swedish

Parties


Applicant: Toontrack Music AB (Umeå, Sweden) (represented by: L.-E. Ström, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: European Union word mark ‘EZMIX’ — Application for registration No 13 945 423

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 27 July 2016 in Case R 2436/2015-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in accordance with Articles 7(1)(b), 7(1)(c), 7(2), 43 and 65 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark; and










—


order EUIPO to pay the applicant’s costs and to bear its own costs.





Plea in law







—


Infringement of Articles 7(1)(b), 7(1)(c), 7(2) and 43 of Regulation No 207/2009.
Case T-744/16: Action brought on 24 October 2016 — Generis — Farmacêutica/EUIPO — Corpak MedSystems (CORGRIP)
Date: 2016-10-24
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2016475EN.01002201.xml










19.12.2016   


EN


Official Journal of the European Union


C 475/22





Action brought on 24 October 2016 — Generis — Farmacêutica/EUIPO — Corpak MedSystems (CORGRIP)
(Case T-744/16)
(2016/C 475/33)
Language in which the application was lodged: English

Parties


Applicant: Generis — Farmacêutica, SA (Amadora, Portugal) (represented by: J. Paulo Sena Mioludo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Corpak MedSystems, Inc. (Buffalo Grove, Illinois, United States)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘CORGRIP’ — Application for registration No 12 437 919

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 July 2016 in Case R 2443/2015-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


maintain the decision of the Opposition Division of 15 October 2015 in Opposition B 002334129;










—


upheld the Opposition B 002334129;










—


refuse in its entirety the EU Trademark Application No. 012437919 ‘CORGRIP’;










—


order EUIPO to bear its own costs and pay those of the Appellant.





Plea in law







—


Infringement of Article 8(1) (b) of Regulation No 207/2009.
Commission Implementing Regulation (EU) 2016/1923 of 24 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 (Karp zatorski (PDO))
Date: 2016-10-24
Institutions: European Commission
Subjects: Little Poland province, Poland, designation of origin, fresh fish, freshwater fish, labelling, product designation








L_2016297EN.01001301.xml










4.11.2016   


EN


Official Journal of the European Union


L 297/13








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1923
of 24 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 (Karp zatorski (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)


In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission examined Poland's application for the approval of amendments to the specification for the protected designation of origin ‘Karp zatorski’, registered under Commission Implementing Regulation (EU) No 485/2011 (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 ‘Karp zatorski’ (PDO) 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, 24 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 485/2011 of 18 May 2011 entering a name in the register of protected designations of origin and protected geographical indications (Karp zatorski (PDO)) (OJ L 133, 20.5.2011, p. 6).

(3)  
            OJ C 225, 22.6.2016, p. 6.
Case C-536/16: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 24 October 2016 — DUEMMESGR SpA v Associazione Cassa Nazionale di Previdenza e Assistenza in favore dei Ragionieri e Periti Commerciali (CNPR)
Date: 2016-10-24
Institutions: Court of Justice
Subjects: EU law, award of contract, competition law, competition policy, invitation to tender, national law, tendering








C_2017022EN.01000701.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/7





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 24 October 2016 — DUEMMESGR SpA v Associazione Cassa Nazionale di Previdenza e Assistenza in favore dei Ragionieri e Periti Commerciali (CNPR)
(Case C-536/16)
(2017/C 022/10)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicant: DUEMMESGR SpA

Defendant: Associazione Cassa Nazionale di Previdenza e Assistenza in favore dei Ragionieri e Periti Commerciali (CNPR)

Questions referred







1.


Although the Member States have the ability to require payment for soccorso istruttorio, a procedure whereby the tenderer is given an opportunity to remedy shortcomings in its tendering documentation, which has the effect of remedying any irregularity, is Article 38(2a) of Legislative Decree No 163 of 2006, in the version in force at the time of the tendering procedure in question …, which makes provision for the payment of a ‘pecuniary penalty’, in so far as that penalty must be fixed by the contracting authority (‘not less than 0.1 % and not more than 1 % of the value of the contract and in any event not more than EUR 50 000, the payment of which shall be guaranteed by the provisional security’), contrary to EU law in view of the excessively high amount and the predetermined nature of that penalty, which cannot be adjusted according to the specific situation to be regulated or the seriousness of the irregularity to be remedied?










2.


Is Article 38(2a) of Legislative Decree No 163 of 2006 (in the version in force at the time indicated above) contrary to EU law, in that that requirement to pay for soccorso istruttorio may be regarded as contrary to the principle of opening up the market to competition as widely as possible, an aim which the soccorso istruttorio mechanism is intended to achieve, the facility which the contracting authority is required to offer in that regard therefore being a logical consequence of the duties imposed on that authority by law in the light of the public interest in achieving that aim?
Election of the Vice-President of the General Court
Date: 2016-10-24
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU), vice-president of an institution








C_2016392EN.01000202.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/2





Election of the Vice-President of the General Court
(2016/C 392/03)
Meeting on 20 September 2016, the Judges of the General Court, in accordance with Article 9(4) of the Rules of Procedure, elected Mr Marc van der Woude Vice-President of the General Court for the period from 20 September 2016 to 31 August 2019.