do-me/EUR-LEX huggingface dataset:
Case T-108/17: Action brought on 17 February 2017 — ClientEarth v Commission
Date: 2017-02-17
Institutions: General Court
Subjects: chemical product, dangerous substance, health risk, market approval, product safety








C_2017121EN.01004102.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/41





Action brought on 17 February 2017 — ClientEarth v Commission
(Case T-108/17)
(2017/C 121/61)
Language of the case: English

Parties


Applicant: ClientEarth (London, United Kingdom) (represented by: A. Jones, Barrister)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the application admissible and well-founded;










—


annul the European Commission’s decision, dated 7 December 2016 (‘the Contested Decision’), refusing to review its Decision C(2016) 3549 (‘the Authorisation Decision’) granting to the undertakings VinyLoop Ferrara SpA, Stena Recycling AB, and Plastic Planet srl an authorisation for the use of a chemical known as bis(2-ethylhexyl) phthalate under Regulation (EC) No 1907/2006 (1);










—


annul the Authorisation Decision;










—


order the Commission to pay the applicant’s costs; and










—


order any other measure deemed appropriate.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Contested Decision is vitiated by manifest errors of law and assessment regarding the alleged conformity of the application for authorisation of VinyLoop, Stena, and Plastic Planet within the meaning of Article 62 and Article 60(7) of Regulation (EC) No 1907/2006.










2.


Second plea in law, alleging that the Contested Decision is vitiated by manifest errors of law and assessment under Article 60(4) of Regulation (EC) No 1907/2006 regarding the socio-economic assessment.










3.


Third plea in law, alleging that the Contested Decision is vitiated by manifest errors of assessment under Article 60(4) and 60(5) of Regulation (EC) No 1907/2006 regarding the analysis of alternatives.










4.


Fourth plea in law, alleging that the Contested Decision is vitiated by a manifest error of law and assessment regarding the application of the precautionary principle in the context of the authorisation process under Regulation (EC) No 1907/2006.






(1)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006, L 396, p. 1).
Corrigendum to Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 370, 30.12.2014)
Date: 2017-02-17
Institutions: European Commission
Subjects: classification, dangerous substance, hazardous waste, technical specification








L_2017040EN.01007801.xml










17.2.2017   


EN


Official Journal of the European Union


L 40/78







Corrigendum to Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council

(
Official Journal of the European Union L 370 of 30 December 2014
)


On page 44, recital 5:
for:

               ‘[…] It is appropriate to refer to Council Regulation (EC) No 440/2008 […]’,
read:

               ‘[…] It is appropriate to refer to Commission Regulation (EC) No 440/2008 […]’;
on page 44, footnote 7:
for:


                  ‘Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142 31.5.2008, p. 1).’,

read:


                  ‘Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142 31.5.2008, p. 1).’.
Case C-88/17: Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 17 February 2017 — Zurich Insurance PLC, Metso Minerals Oy v Abnormal Load Services (International) Ltd
Date: 2017-02-17
Institutions: Court of Justice
Subjects: carriage of goods, conflict of jurisdiction, mutual recognition principle, private international law, provision of services








C_2017112EN.01003002.xml










10.4.2017   


EN


Official Journal of the European Union


C 112/30





Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 17 February 2017 — Zurich Insurance PLC, Metso Minerals Oy v Abnormal Load Services (International) Ltd
(Case C-88/17)
(2017/C 112/40)
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings


Applicants: Zurich Insurance PLC, Metso Minerals Oy

Defendant: Abnormal Load Services (International) Ltd

Question referred

How are the place or places where the service is provided to be determined in accordance with the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 (1) where a contract for the carriage of goods between Member States is concerned and the transport consists of several parts in which different means of transport are used?


(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
Council Decision of 17 February 2017 renewing the Governing Board of the European Centre for the Development of Vocational Training
Date: 2017-02-17
Institutions: Council of the European Union
Subjects: Bulgaria, Cedefop, appointment of members, board of directors








C_2017060EN.01000101.xml










24.2.2017   


EN


Official Journal of the European Union


C 60/1





COUNCIL DECISION
of 17 February 2017
renewing the Governing Board of the European Centre for the Development of Vocational Training
(2017/C 60/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
Having regard to the nomination submitted by the Bulgarian government,
Whereas:






(1)


By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.










(2)


A member’s seat is available for Bulgaria on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Ms Emilia VALCHOVSKA.










(3)


The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018,




HAS DECIDED AS FOLLOWS:
Article 1
The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
GOVERNMENT REPRESENTATIVES:






BULGARIA


Ms Maria TODOROVA




Article 2
This Decision shall be published, for information, in the Official Journal of the European Union.

Done at Brussels, 17 February 2017.


For the Council


The President

E. BARTOLO




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 232, 16.7.2015, p. 2.

(3)  OJ C 305, 16.9.2015, p. 2.
Council Decision (EU) 2017/312 of 17 February 2017 appointing two members and two alternate members, proposed by the Slovak Republic, of the Committee of the Regions
Date: 2017-02-17
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Slovakia, appointment of members








L_2017045EN.01001201.xml










23.2.2017   


EN


Official Journal of the European Union


L 45/12








            COUNCIL DECISION (EU) 2017/312
of 17 February 2017
         
appointing two members and two alternate members, proposed by the Slovak Republic, 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 Slovak 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.












(2)


Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Vladimír BAJAN and Mr Peter CHUDÍK.












(3)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Radoslav ČUHA.












(4)


An alternate member's seat on the Committee of the Regions has become vacant following the appointment of Mr Ján FERENČÁK as a member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as members:






—


Mr Ján FERENČÁK, Mayor of Kežmarok,










—


Mr Miloslav REPASKÝ, Member of the regional parliament of the Prešov Self-Governing Region,














(b)


as alternate members:






—


Mr Ľuboš TOMKO, Mayor of Stará Ľubovňa,










—


Mr Miroslav BENKO, Member of the regional parliament of the Prešov Self-Governing Region.










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




Done at Brussels, 17 February 2017.


For the Council


The President

E. BARTOLO
            





(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).
Council Decision of 17 February 2017 renewing the Governing Board of the European Centre for the Development of Vocational Training
Date: 2017-02-17
Institutions: Council of the European Union
Subjects: Cedefop, Finland, appointment of members, board of directors








C_2017060EN.01000301.xml










24.2.2017   


EN


Official Journal of the European Union


C 60/3





COUNCIL DECISION
of 17 February 2017
renewing the Governing Board of the European Centre for the Development of Vocational Training
(2017/C 60/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
Having regard to the nominee submitted to the Council by the Commission as regards the Employers' representatives,
Whereas:






(1)


By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.










(2)


A member's seat on the Governing Board of the Centre in the category of representatives of Employers' organisations has become vacant for Finland as a result of the resignation of Ms Satu AGREN.










(3)


The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018,




HAS DECIDED AS FOLLOWS:
Article 1
The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS:






FINLAND


Ms Mirja HANNULA




Article 2
This Decision shall be published, for information, in the Official Journal of the European Union.

Done at Brussels, 17 February 2017.


For the Council


The President

E. BARTOLO




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 232, 16.7.2015, p. 2.

(3)  OJ C 305, 16.9.2015, p. 2.
Case T-493/14: Judgment of the General Court of 17 February 2017 — Mayer v EFSA (Seconded national expert — EFSA rules on SNEs — Decision not to extend the secondment — Access to documents — Regulation (EC) No 1049/2001 — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Protection of personal data — Regulation (EC) No 45/2001 — Applications for a declaration and seeking the issue of directions — Written pleadings supplementing the originating application — Amendments to the heads of claim — Admissibility)
Date: 2017-02-17
Institutions: General Court
Subjects: access to information, data protection, electronic mail, equal treatment, personal data, self-employed person, services contract








C_2017104EN.01004101.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/41





Judgment of the General Court of 17 February 2017 — Mayer v EFSA
(Case T-493/14) (1)

((Seconded national expert - EFSA rules on SNEs - Decision not to extend the secondment - Access to documents - Regulation (EC) No 1049/2001 - Refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - Protection of personal data - Regulation (EC) No 45/2001 - Applications for a declaration and seeking the issue of directions - Written pleadings supplementing the originating application - Amendments to the heads of claim - Admissibility))
(2017/C 104/57)
Language of the case: German

Parties


Applicant: Ingrid Alice Mayer (Ellwangen, Germany) (represented by: T. Mayer, lawyer)

Defendant): European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent, R. Van der Hout and A. Köhler, lawyers)

Re:

Action brought under Article 263 TFEU challenging the decisions of EFSA, first, dismissing the applicant’s request to extend her secondment as a national expert at EFSA and, second, refusing her request for access to documents held by EFSA

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible;










2.


Orders Ingrid Alice Mayer to pay the costs, including those relating to the proceedings for interim measures;






(1)  OJ C 329, 22.9.2014.
Case T-811/14: Order of the General Court of 17 February 2017 — Unilever v EUIPO — Technopharma (Fair & Lovely) (EU trade mark — Opposition proceedings — Application for EU figurative mark Fair & Lovely — Earlier national and Benelux word marks FAIR & LOVELY — Decision on the appeal — Article 64(1) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Legitimate expectations — Misuse of powers — Manifest errors of assessment)
Date: 2017-02-17
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2017104EN.01004401.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/44





Order of the General Court of 17 February 2017 — Unilever v EUIPO — Technopharma (Fair & Lovely)
(Case T-811/14) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Fair & Lovely - Earlier national and Benelux word marks FAIR & LOVELY - Decision on the appeal - Article 64(1) of Regulation (EC) No 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 - Suspension of the administrative proceedings - Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 - Legitimate expectations - Misuse of powers - Manifest errors of assessment))
(2017/C 104/61)
Language of the case: English

Parties


Applicant: Unilever NV (Rotterdam, Netherlands) (represented by: A. Fox, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Technopharma Ltd (London, United Kingdom) (represented by: C. Scott, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 October 2014 (Case R 1004/2013-4), relating to opposition proceedings between Technopharma and Unilever.

Operative part of the order

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 October 2014 (Case R 1004/2013-4) concerning opposition proceedings between Technopharma Ltd et Unilever NV;










2.


Orders EUIPO to bear its own costs and to pay half of the costs incurred by Unilever;










3.


Orders Technopharma to bear its own costs and to pay half of the costs incurred by Unilever.






(1)  OJ C 73, 2.3.2015.
Case T-726/14: Judgment of the General Court of 17 February 2017 — Novar v EUIPO (Non-contractual liability — Proof of the existence, validity and scope of protection of the earlier mark — International registration designating the European Union — Decision rejecting the opposition in the absence of proof of the earlier right — Rule 19(2)(a) of Regulation (EC) No 2868/95 — Revision of the decision — Article 62(2) of Regulation (EC) No 207/2009 — Damage consisting in lawyers’ fees — Causal link)
Date: 2017-02-17
Institutions: General Court
Subjects: EU trade mark, damages, legal expenses, registered trade mark, trade-mark law








C_2017104EN.01004202.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/42





Judgment of the General Court of 17 February 2017 — Novar v EUIPO
(Case T-726/14) (1)

((Non-contractual liability - Proof of the existence, validity and scope of protection of the earlier mark - International registration designating the European Union - Decision rejecting the opposition in the absence of proof of the earlier right - Rule 19(2)(a) of Regulation (EC) No 2868/95 - Revision of the decision - Article 62(2) of Regulation (EC) No 207/2009 - Damage consisting in lawyers’ fees - Causal link))
(2017/C 104/59)
Language of the case: German

Parties


Applicant: Novar GmbH (Albstadt, Germany) (represented by: R. Weede, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)

Re:

Application pursuant to Article 268 TFEU seeking compensation for material damage which the applicant allegedly sustained on account of lawyers’ fees that it incurred in an appeal against a decision of the Opposition Division allegedly adopted in breach of Rule 19(2)(a) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark and of general legal principles.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Novar GmbH and the European Union Intellectual Property Office (EUIPO) each to bear their own costs.






(1)  OJ C 7, 12.1.2015.
Case T-102/17: Action brought on 17 February 2017 — Cantina e oleificio sociale di San Marzano v EUIPO — Miguel Torres (SANTORO)
Date: 2017-02-17
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2017121EN.01004001.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/40





Action brought on 17 February 2017 — Cantina e oleificio sociale di San Marzano v EUIPO — Miguel Torres (SANTORO)
(Case T-102/17)
(2017/C 121/59)
Language in which the application was lodged: English

Parties


Applicant: Cantina e oleificio sociale di San Marzano (San Marzano di San Giuseppe, Italy) (represented by: F. Jacobacci and E. Truffo, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Miguel Torres, SA (Vilafranca del Penedés, Spain)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word element ‘SANTORO’ — Application for registration No 12 282 141

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 December 2016 in Case R 2018/2015-2

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 Art. 8(1)(b) of Regulation No 207/2009 misconstruction of the case-law related to the issues in question;










—


Infringement of Art. 8(5) of Regulation No. 207/2009 and distortion of evidence.
Euro exchange rates
Date: 2017-02-17
Institutions: European Commission
Subjects: euro, exchange rate








C_2017050EN.01000101.xml










17.2.2017   


EN


Official Journal of the European Union


C 50/1





Euro exchange rates (1)

16 February 2017
(2017/C 50/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0652 




JPY


Japanese yen


120,95 




DKK


Danish krone


7,4341 




GBP


Pound sterling


0,85110 




SEK


Swedish krona


9,4748 




CHF


Swiss franc


1,0647 




ISK


Iceland króna


 




NOK


Norwegian krone


8,8690 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


308,24 




PLN


Polish zloty


4,3176 




RON


Romanian leu


4,5223 




TRY


Turkish lira


3,9036 




AUD


Australian dollar


1,3808 




CAD


Canadian dollar


1,3865 




HKD


Hong Kong dollar


8,2675 




NZD


New Zealand dollar


1,4745 




SGD


Singapore dollar


1,5104 




KRW


South Korean won


1 213,74 




ZAR


South African rand


13,7837 




CNY


Chinese yuan renminbi


7,3028 




HRK


Croatian kuna


7,4495 




IDR


Indonesian rupiah


14 188,46 




MYR


Malaysian ringgit


4,7439 




PHP


Philippine peso


53,176 




RUB


Russian rouble


60,9025 




THB


Thai baht


37,282 




BRL


Brazilian real


3,2402 




MXN


Mexican peso


21,5975 




INR


Indian rupee


71,3650 






(1)  Source: reference exchange rate published by the ECB.