do-me/EUR-LEX huggingface dataset:
Case T-123/15: Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN-čerpací stanice) (EU trade mark — Opposition proceedings — Application for the EU word mark UNICORN-čerpací stanice — Earlier national word and figurative marks UNICORN — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009)
Date: 2016-10-28
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2016462EN.01001501.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/15





Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN-čerpací stanice)
(Case T-123/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark UNICORN-čerpací stanice - Earlier national word and figurative marks UNICORN - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 207/2009))
(2016/C 462/17)
Language of the case: English

Parties


Applicant: Unicorn a.s. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mercilink Equipment Leasing Ltd (Limassol, Cyprus)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 January 2015 (Case R 153/2014-5), concerning opposition proceedings between Unicorn and Mercilink Equipment Leasing.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Unicorn a.s. to pay the costs.






(1)  OJ C 171, 26.5.2015.
Non-opposition to a notified concentration (Case M.8164 — Steinhoff International/Pikolin/Cofe) (Text with EEA relevance)
Date: 2016-10-28
Institutions: European Commission
Subjects: economic concentration, furniture industry, merger control








C_2016398EN.01000102.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/1





Non-opposition to a notified concentration
(Case M.8164 — Steinhoff International/Pikolin/Cofe)
(Text with EEA relevance)
(2016/C 398/02)
On 21 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 the English language 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 32016M8164. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 212/2016 of 28 October 2016 amending Annex XIII (Transport) to the EEA Agreement [2018/533]
Date: 2016-10-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, approximation of laws, international convention, maritime safety, revision of an agreement, safety standard, technical standard, vessel




L_2018089EN.01001501.xml










5.4.2018   


EN


Official Journal of the European Union


L 89/15








            DECISION OF THE EEA JOINT COMMITTEE
         
No 212/2016
of 28 October 2016
         
amending Annex XIII (Transport) to the EEA Agreement [2018/533]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive (EU) 2016/844 of 27 May 2016 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (1), as corrected by OJ L 193, 19.7.2016, p. 117, is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 56f (Directive 2009/45/EC of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:






‘—



32016 L 0844: Commission Directive (EU) 2016/844 of 27 May 2016 (OJ L 141, 28.5.2016, p. 51), as corrected by OJ L 193, 19.7.2016, p. 117.’






Article 2
The text of Directive (EU) 2016/844, as corrected by OJ L 193, 19.7.2016, p. 117, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 October 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 October 2016.


For the EEA Joint Committee


The President

Bergdís ELLERTSDÓTTIR
            





(1)  
            OJ L 141, 28.5.2016, p. 51.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 213/2016 of 28 October 2016 amending Annex XIII (Transport) to the EEA Agreement [2018/534]
Date: 2016-10-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, air space, air traffic, air traffic control, civil aviation, revision of an agreement, transport regulations




L_2018089EN.01001601.xml










5.4.2018   


EN


Official Journal of the European Union


L 89/16








            DECISION OF THE EEA JOINT COMMITTEE
         
No 213/2016
of 28 October 2016
         
amending Annex XIII (Transport) to the EEA Agreement [2018/534]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/1006 of 22 June 2016 amending Regulation (EU) No 255/2010 as regards the ICAO provisions referred to in Article 3(1) (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 66wi (Commission Regulation (EU) No 255/2010) of Annex XIII to the EEA Agreement:






‘—



32016 R 1006: Commission Implementing Regulation (EU) 2016/1006 of 22 June 2016 (OJ L 165, 23.6.2016, p. 8).’






Article 2
The text of Implementing Regulation (EU) 2016/1006 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 October 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 October 2016.


For the EEA Joint Committee


The President

Bergdís ELLERTSDÓTTIR
            





(1)  
            OJ L 165, 23.6.2016, p. 8.

(*1)  No constitutional requirements indicated.
Prior notification of a concentration (Case M.8217 — CPPIB/Hammerson/Grand Central) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-10-28
Institutions: European Commission
Subjects: economic concentration, merger control, real estate business








C_2016398EN.01006201.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/62





Prior notification of a concentration
(Case M.8217 — CPPIB/Hammerson/Grand Central)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 398/12)






1.


On 21 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Hammerson plc (‘Hammerson’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a shopping centre called Grand Central (United Kingdom), currently solely controlled by Hammerson, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for CPPIB: professional investment management in real estate, public equities, private equities, infrastructure and fixed income instruments,
—   for Hammerson: commercial real estate ownership, management and development in Europe, including shopping centres in France and the United Kingdom,
—   for Grand Central: operation of a shopping centre in Birmingham, United Kingdom.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8217 — CPPIB/Hammerson/Grand Central, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Non-opposition to a notified concentration (Case M.8162 — Daimler/Athlon Car Lease International) (Text with EEA relevance)
Date: 2016-10-28
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control, motor vehicle industry, vehicle rental








C_2016398EN.01000202.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/2





Non-opposition to a notified concentration
(Case M.8162 — Daimler/Athlon Car Lease International)
(Text with EEA relevance)
(2016/C 398/04)
On 24 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 32016M8162. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Information concerning the entry into force of the Protocol on the concerns of the Irish people on the Treaty of Lisbon
Date: 2016-10-28
Institutions: Council of the European Union
Subjects: Ireland, Protocol (EU), Treaty of Lisbon, common security and defence policy, family protection, human rights, revision of the Treaty (EU), right to education








L_2016293EN.01000101.xml










28.10.2016   


EN


Official Journal of the European Union


L 293/1







Information concerning the entry into force of the Protocol on the concerns of the Irish people on the Treaty of Lisbon

The Protocol on the concerns of the Irish people on the Treaty of Lisbon, signed in Brussels on 13 June 2012
          (1), has, in accordance with Article 4, third paragraph, thereof, entered into force on 1 December 2014.


(1)  
            OJ L 60, 2.3.2013, p. 131-139.
Case T-125/15: Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN) (EU trade mark — Opposition proceedings — Application for the EU figurative mark UNICORN — Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009)
Date: 2016-10-28
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2016462EN.01001602.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/16





Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN)
(Case T-125/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark UNICORN - Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 207/2009))
(2016/C 462/19)
Language of the case: English

Parties


Applicant: Unicorn a.s. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mercilink Equipment Leasing Ltd (Limassol, Cyprus)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 January 2015 (Case R 150/2014-5), concerning opposition proceedings between Unicorn and Mercilink Equipment Leasing.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Unicorn a.s. to pay the costs.






(1)  OJ C 171, 26.5.2015.
Council Decision (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part
Date: 2016-10-28
Institutions: Council of the European Union
Subjects: Canada, economic agreement, economic cooperation, signature of an agreement, trade agreement, trade agreement (EU), trade cooperation








L_2017011EN.01000101.xml










14.1.2017   


EN


Official Journal of the European Union


L 11/1








            COUNCIL DECISION (EU) 2017/37
of 28 October 2016
         
on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 91, Article 100(2), Article 153(2), Article 192(1) and the first subparagraph of Article 207(4), in conjunction with Article 218(5), thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 24 April 2009, the Council authorised the Commission to open negotiations for a Comprehensive Economic and Trade Agreement with Canada.












(2)


Those negotiations have been concluded, and the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States of the other part, (the ‘Agreement’) should be signed on behalf of the Union, subject to the fulfilment of the procedures required for its conclusion at a later date.












(3)


In accordance with Article 30.6(1) of the Agreement, the Agreement does not confer rights or obligations which can be directly invoked before Union or Member State courts or tribunals,





HAS ADOPTED THIS DECISION:



Article 1
The signing, on behalf of the Union, of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one Part, and the European Union and its Member States, of the other Part, is hereby authorised, subject to its conclusion.
The text of the Agreement, together with the Joint Interpretative Instrument and the related Statements and Declarations, are attached to this Decision.


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 of its adoption.




Done at Brussels, 28 October 2016.


For the Council


The President

M. LAJČÁK
Decision of the EEA Joint Committee No 209/2016 of 28 October 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2018/530]
Date: 2016-10-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, classification, dangerous substance, health risk, labelling, packaging, product safety, revision of an agreement, scientific progress, technological change




L_2018089EN.01001201.xml










5.4.2018   


EN


Official Journal of the European Union


L 89/12








            DECISION OF THE EEA JOINT COMMITTEE
         
No 209/2016
of 28 October 2016
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2018/530]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2016/918 of 19 May 2016 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 12zze (Regulation (EC) No 1272/2008 of the European Parliament and of the Council) of Chapter XV of Annex II to the EEA Agreement:






‘—



32016 R 0918: Commission Regulation (EU) 2016/918 of 19 May 2016 (OJ L 156, 14.6.2016, p. 1).’






Article 2
The text of Regulation (EU) 2016/918 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 October 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 October 2016.


For the EEA Joint Committee


The President

Bergdís ELLERTSDÓTTIR
            





(1)  
            OJ L 156, 14.6.2016, p. 1.

(*1)  No constitutional requirements indicated.
Notice concerning the anti-dumping measures in force in respect of imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China: modification of the name of a company subject to the cooperating exporting producers’ anti-dumping duty
Date: 2016-10-28
Institutions: European Commission
Subjects: China, anti-dumping duty, citrus fruit, fruit product, import (EU), originating product, prepared foodstuff, preserved product








C_2016398EN.01006101.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/61





Notice concerning the anti-dumping measures in force in respect of imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China: modification of the name of a company subject to the cooperating exporting producers’ anti-dumping duty
(2016/C 398/11)
Imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China are subject to definitive anti-dumping duties, imposed by Commission Implementing Regulation (EU) No 1313/2014 (1).
Zhejiang Xinchang Best Foods Co. Ltd, a company located in the People’s Republic of China, whose exports to the Union of certain prepared or preserved citrus fruits are subject to an anti-dumping duty of EUR 499,60 per tonne net product weight by the aforementioned Implementing Regulation, has informed the Commission that it has changed its name into Zhejiang Fomdas Foods Co., Ltd.
The company has asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual duty rate applied to the company under its previous name of Zhejiang Xinchang Best Foods Co. Ltd.
The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Implementing Regulation (EU) No 1313/2014.
Therefore, the reference in the Annex to Implementing Regulation (EU) No 1313/2014 to:
‘Zhejiang Xinchang Best Foods Co., Ltd’
should be read as:
‘Zhejiang Fomdas Foods Co., Ltd’.
Zhejiang Fomdas Foods Co., Ltd shall be attributed the TARIC additional code A889 with the corresponding AD-duty amount of EUR 499,60 per tonne net product weight which was previously attributed to Zhejiang Xinchang Best Foods Co., Ltd.


(1)  OJ L 354, 11.12.2014, p. 17.
Non-opposition to a notified concentration (Case M.8131 — Tele2 Sverige/TDC Sverige) (Text with EEA relevance)
Date: 2016-10-28
Institutions: European Commission
Subjects: economic concentration, merger control, telecommunications industry








C_2016398EN.01000301.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/3





Non-opposition to a notified concentration
(Case M.8131 — Tele2 Sverige/TDC Sverige)
(Text with EEA relevance)
(2016/C 398/05)
On 7 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 language 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 32016M8131. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.