do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) 2016/2104 of 21 November 2016 entering a name in the register of protected designations of origin and protected geographical indications (Vale of Evesham Asparagus (PGI))
Date: 2016-11-21
Institutions: European Commission
Subjects: United Kingdom, West Midlands, designation of origin, labelling, perennial vegetable, product designation








L_2016327EN.01001801.xml










2.12.2016   


EN


Official Journal of the European Union


L 327/18








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/2104
of 21 November 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Vale of Evesham Asparagus (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, the United Kingdom's application to register the name ‘Vale of Evesham Asparagus’ 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 ‘Vale of Evesham Asparagus’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Vale of Evesham Asparagus’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals fresh or processed, 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, 21 November 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 257, 15.7.2016, p. 16.

(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).
Council Decision (EU, Euratom) 2016/2049 of 21 November 2016 appointing a member, proposed by the Kingdom of the Netherlands, of the European Economic and Social Committee
Date: 2016-11-21
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Netherlands, appointment of members








L_2016318EN.01001201.xml










24.11.2016   


EN


Official Journal of the European Union


L 318/12








            COUNCIL DECISION (EU, Euratom) 2016/2049
of 21 November 2016
         
appointing a member, proposed by the Kingdom of the Netherlands, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


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


Having regard to the proposal of the Government of the Netherlands,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Melanie Irmgard BOUWKNEGT,





HAS ADOPTED THIS DECISION:



Article 1
Ms Hester HOUWING, Policy Adviser at the Christian Trade Union Federation (CNV), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


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




Done at Brussels, 21 November 2016.


For the Council


The President

P. PLAVČAN
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).
Commission Implementing Regulation (EU) 2016/2103 of 21 November 2016 entering a name in the register of protected designations of origin and protected geographical indications (Burrata di Andria (PGI))
Date: 2016-11-21
Institutions: European Commission
Subjects: Apulia, Italy, cows’ milk cheese, designation of origin, labelling, product designation








L_2016327EN.01001601.xml










2.12.2016   


EN


Official Journal of the European Union


L 327/16








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/2103
of 21 November 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Burrata di Andria (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, Italy's application to register the name ‘Burrata di Andria’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Burrata di Andria’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Burrata di Andria’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.3. Cheeses, 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, 21 November 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 263, 20.7.2016, p. 7.

(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-361/16: Order of the General Court of 21 November 2016 — TBWA\London v EUIPO (MEDIA ARTS LAB)
Date: 2016-11-21
Institutions: General Court
Subjects: EU trade mark, Internet, advertising, audiovisual industry, data transmission, registered trade mark, software, trade-mark law








C_2017022EN.01006003.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/60





Order of the General Court of 21 November 2016 — TBWA\London v EUIPO (MEDIA ARTS LAB)
(Case T-361/16) (1)

(2017/C 022/82)
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 314, 29.8.2016.
Case C-394/16: Order of the President of the Court of 21 November 2016 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — FMS Wertmanagement AöR v Heta Asset Resolution AG
Date: 2016-11-21
Institutions: Court of Justice
Subjects: company in difficulties, credit institution, financial solvency, jurisdiction, liquidation








C_2017086EN.01002203.xml










20.3.2017   


EN


Official Journal of the European Union


C 86/22





Order of the President of the Court of 21 November 2016 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — FMS Wertmanagement AöR v Heta Asset Resolution AG
(Case C-394/16) (1)

(2017/C 086/29)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 419, 14.11.2016.
Case C-590/16: Action brought on 21 November 2016 — European Commission v Hellenic Republic
Date: 2016-11-21
Institutions: Court of Justice
Subjects: excise duty, export (EU), free movement of goods, motor fuel, tax avoidance, third country








C_2017030EN.01002401.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/24





Action brought on 21 November 2016 — European Commission v Hellenic Republic
(Case C-590/16)
(2017/C 030/29)
Language of the case: Greek

Parties


Applicant: European Commission (represented by: Flavia Tomat and Aikaterini Kyratsou, acting as Agents)

Defendant: Hellenic Republic

Form of order sought







—


declare that, as provided for in Article 258 of the Treaty on the Functioning of the European Union, by enacting and retaining in force legislation which permits petroleum products to be made available without excise duty being charged by the filling stations of the company Katastimata Aforologiton Eidon A.E. at the border posts located at Kipoi in Evros, at Kakavia and at Evzonoi, all of which are in areas bordering on third countries, specifically Turkey, Albania and the Former Yugoslav Republic of Macedonia respectively, the Hellenic Republic has failed to fulfil its obligations under Article 7(1) of Directive 2008/118/EC; (1)











—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments







1.


According to the reasoned opinion of 1 September 2014 which the Commission sent to the Greek authorities, by its approval of the fact that the filling stations held by the company Katastimata Aforologiton Eidon A.E. at the border posts located at Kipoi in Evros, at Kakavia and at Evzonoi make petroleum products available on which excise duty is not charged, Greece has failed to fulfil its obligations under Directive 2008/118 concerning the general arrangements for excise duty, as Greece does not consider that making those products available constitutes actual release for consumption. The direct supply of vehicles with fuel at those filling stations constitutes release for consumption and is subject to excise duty.










2.


The deviations from the basic rule that duty is due in the Member State where consumption occurs are expressly laid down by the EU legislature. The application, when petroleum products subject to excise duty are made available, of simplified procedures for export to a third country is contrary to Directive 2008/118, since it does not fall within the scope of any of the relevant provisions of the directive.






(1)  OJ 2009 L 9, p. 12.
Case T-810/16: Action brought on 21 November 2016 — Barmenia Krankenversicherung v EUIPO (Mediline)
Date: 2016-11-21
Institutions: General Court
Subjects: EU trade mark, insurance, registered trade mark, trade-mark law








C_2017022EN.01004901.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/49





Action brought on 21 November 2016 — Barmenia Krankenversicherung v EUIPO (Mediline)
(Case T-810/16)
(2017/C 022/66)
Language of the case: German

Parties


Applicant: Barmenia Krankenversicherung a.G. (Wuppertal, Germany) (represented by: M. Graf, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the procedure before EUIPO


Mark at issue: EU word mark ‘Mediline’ — EU trade mark No 14 655 385

Contested decision: decision of the First Board of Appeal of EUIPO of 8 September 2016 in Case R 2437/2015-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the defendant to pay the costs of the proceedings.





Pleas in law







—


infringement of Article 7(1)(b) of Regulation No 207/2009;










—


infringement of Article 7(1)(c) of Regulation No 207/2009.
Council Decision (EU) 2016/2136 of 21 November 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs
Date: 2016-11-21
Institutions: Council of the European Union
Subjects: Iceland, agreement (EU), agricultural product, designation of origin, foodstuff, labelling, product designation, signature of an agreement








L_2016332EN.01000101.xml










7.12.2016   


EN


Official Journal of the European Union


L 332/1








            COUNCIL DECISION (EU) 2016/2136
of 21 November 2016
         
on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular 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 18 June 2007 the Council authorised the Commission to open negotiations with Iceland with a view to signing an agreement on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement.












(2)


The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories.












(3)


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





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs is hereby authorised, subject to the conclusion of the said Agreement (2).


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 Brussels, 21 November 2016.


For the Council


The President

P. PLAVČAN
            





(1)  Annex 1C of the Marrakesh Agreement Establishing the World Trade Organisation, signed in Marrakesh, Morocco on 15 April 1994.

(2)  The text of the Agreement will be published in the Official Journal together with the decision on its conclusion.
Case C-589/16: Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich (Austria) lodged on 21 November 2016 — Mario Alexander Filippi and Others
Date: 2016-11-21
Institutions: Court of Justice
Subjects: higher court, legal process, proof, right to justice








C_2017038EN.01001102.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/11





Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich (Austria) lodged on 21 November 2016 — Mario Alexander Filippi and Others
(Case C-589/16)
(2017/C 038/15)
Language of the case: German

Referring court

Landesverwaltungsgericht Oberösterreich

Parties to the main proceedings


Applicants: Mario Alexander Filippi, Martin Manigatterer, Play For Me GmbH, ATG GmbH, Christian Vöcklinger, Gmalieva s.r.o., PBW GmbH, Felicitas GmbH, Celik KG, Christian Guzy, Martin Klein, Shopping Center Wels Einkaufszentrum GmbH, Game Zone Entertainment AG, Fortuna Advisory Kft., Finanzamt Linz, Klara Matyiko

Defendants: Landespolizeidirektion Oberösterreich, Bezirkshauptmann Eferding, Bezirkshauptmann Ried im Innkreis, Bezirkshauptmann Linz-Land

Question referred

Is Article 47 of the Charter (1) in conjunction with Article 56 et seq. TFEU to be interpreted as meaning that, in cases in which it is necessary to make an assessment of consistency, national provisions (such as Paragraph 86a(4) of the Verfassungsgerichtshofgesetz (VfGG), Paragraph 38a(4) of the Verwaltungsgerichtsgesetz (VwGG), Paragraph 87(2) of the VfGG or Paragraph 63(1) of the VwGG) are incompatible with those provisions of EU law where — as part of an overall system which in practice has the effect that supreme courts do not carry out any autonomous assessment of the facts or weighing of evidence, and in numerous cases which are in the same position in terms of the question of law raised make only a single decision on the facts in one of those cases and on that basis dismiss all the other appeals in limine — they permit, or do not reliably exclude, that judicial (within the meaning of Article 6(1) of the European Convention on Human Rights (ECHR) or Article 47 of the Charter) decisions — in particular those made in relation to core areas of EU law, such as for example access to markets or free trade — can then be precluded by decisions of institutions of higher instance which for their part do not comply with the requirements of Article 6(1) of the ECHR or Article 47 of the Charter, without a prior reference to the Court of Justice for a preliminary ruling?


(1)  Charter of Fundamental Rights of the European Union.
Case T-817/16: Action brought on 21 November 2016 — Vans v EUIPO — Deichmann (V)
Date: 2016-11-21
Institutions: General Court
Subjects: EU trade mark, clothing, leather, registered trade mark, trade-mark law








C_2017022EN.01004902.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/49





Action brought on 21 November 2016 — Vans v EUIPO — Deichmann (V)
(Case T-817/16)
(2017/C 022/67)
Language in which the application was lodged: German

Parties


Applicant: Vans, Inc. (Wilmington, Delaware, United States) (represented by: M. Hirsch, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Deichmann SE (Essen, Germany)

Details of the procedure before EUIPO


Party applying for the mark: Applicant

Mark at issue: EU figurative mark (Representation of a ‘V’) — Application No 10 263 978

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 September 2016 in Case R 2030/2015-4

Form of order sought

The applicant claims that the Court should:






—


amend the contested decision by rejecting the opposition in its entirety;










—


in the alternative, amend the contested decision by declaring that the opposition is also rejected for the goods ‘Goods made of leather or imitations of leather; trunks and travelling bags; umbrellas; parasols and walking sticks; wallets; bags and pouches; rucksacks; belt bags; briefcases; school satchels; school satchels for sport; beach bags; keyrings; hip bags; card cases’ in Class 18 and ‘Clothing, footwear, headgear; belts; gloves’ in Class 25;










—


in the further alternative, annul the contested decision;










—


order EUIPO to pay the costs of the proceedings.





Pleas in law







—


infringement of Rule 19(2) and (3) and Rule 20(1) of Regulation No 2868/95;










—


infringement of Article 8(1)(b) of Regulation No 207/2009;










—


infringement of the first sentence of Article 60, Article 63(2) and the first sentence of Article 75 of Regulation No 207/2009 and of the principle of reformatio in peius as well as of the right to be heard.
Council Decision (EU) 2016/2234 of 21 November 2016 on the signing, on behalf of the Union, of the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (Asecna) on the development of satellite navigation and the provision of associated services in Asecna's area of competence for the benefit of civil aviation
Date: 2016-11-21
Institutions: Council of the European Union
Subjects: Africa, Madagascar, air safety, air traffic, civil aviation, cooperation agreement (EU), provision of services, satellite navigation, signature of an agreement, technical cooperation








L_2016337EN.01000101.xml










13.12.2016   


EN


Official Journal of the European Union


L 337/1








            COUNCIL DECISION (EU) 2016/2234
of 21 November 2016
         
on the signing, on behalf of the Union, of the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (Asecna) on the development of satellite navigation and the provision of associated services in Asecna's area of competence for the benefit of civil aviation


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, in conjunction with Article 218(5),


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 25 September 2014, the Council authorised the Commission to negotiate, on behalf of the Union, an international agreement with the Agency for Aerial Navigation Safety in Africa and Madagascar establishing the conditions for provision of a satellite-based augmentation service (SBAS) in Africa on the basis of the EGNOS European satellite navigation programme.












(2)


Following the negotiations, the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (Asecna) on the development of satellite navigation and the provision of associated services in Asecna's area of competence for the benefit of civil aviation (the ‘Agreement’) was initialled on 12 May 2016.












(3)


The Agreement should be signed,





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (Asecna) on the development of satellite navigation and the provision of associated services in Asecna's area of competence for the benefit of civil aviation is authorised.


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, subject to its conclusion.


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




Done at Brussels, 21 November 2016.


For the Council


The President

P. PLAVČAN