do-me/EUR-LEX huggingface dataset:
Case C-129/17: Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 13 March 2017 — Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV v Duma Forklifts NV, G.S. International BVBA
Date: 2017-03-13
Institutions: Court of Justice
Subjects: EU trade mark, import, launching of a product, registered trade mark, trade-mark law








C_2017161EN.01001401.xml










22.5.2017   


EN


Official Journal of the European Union


C 161/14





Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 13 March 2017 — Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV v Duma Forklifts NV, G.S. International BVBA
(Case C-129/17)
(2017/C 161/17)
Language of the case: Dutch

Referring court

Hof van beroep te Brussel

Parties to the main proceedings


Appellants: Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV

Respondents: Duma Forklifts NV, G.S. International BVBA

Questions referred







1.








(a)


Do Article 5 of Directive 2008/95/EC (1) and Article 9 of Council Regulation (EC) No 207/2009 (2) of 26 February 2009 on the Community trade mark (codified version) cover the right of the trade-mark proprietor to oppose the removal, by a third party, without the consent of the trade-mark proprietor, of all signs identical to the trade marks which had been applied to the goods (debranding), in the case where the goods concerned have never previously been traded within the European Economic Area, such as goods placed in a customs warehouse, and where the removal by the third party occurs with a view to importing or placing those goods on the market within the European Economic Area?










(b)


Does it make any difference to the answer to Question (a) above whether the importation of those goods or their placing on the market within the European Economic Area occurs under its own distinctive sign applied by the third party (rebranding)?














2.


Does it make any difference to the answer to the first question whether the goods thus imported or placed on the market are, on the basis of their outward appearance or model, still identified by the relevant average consumer as originating from the trade-mark proprietor?






(1)  Directive of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (codified version) (OJ 2008 L 299, p. 25).

(2)  (OJ 2009 L 78, p. 1).
Case T-176/17: Action brought on 13 March 2017 — Sequel Naturals v EUIPO — Fernandes (VeGa one)
Date: 2017-03-13
Institutions: General Court
Subjects: EU trade mark, cereal product, dietary product, food supplement, registered trade mark, trade-mark law, vitamin








C_2017144EN.01005801.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/58





Action brought on 13 March 2017 — Sequel Naturals v EUIPO — Fernandes (VeGa one)
(Case T-176/17)
(2017/C 144/78)
Language in which the application was lodged: English

Parties


Applicant: Sequel Naturals ULC (Port Coquilam, British Columbia, Canada) (represented by: H. Lindström, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Carlos Fernandes (Gross-Umstadt, Germany)

Details of the proceedings before EUIPO


Applicant: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘VeGa one’ — Application for registration No 12 649 612

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 9 January 2017 in Case R 2466/2015-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case C-131/17: Request for a preliminary ruling from the Tribunal da Relação do Porto (Portugal) lodged on 13 March 2017 — Hélder José Cunha Martins v Fundo de Garantia Automóvel
Date: 2017-03-13
Institutions: Court of Justice
Subjects: appeal, civil liability proceedings, higher court, right to justice, rights of the defence, seizure of goods, transport accident








C_2017168EN.01002401.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/24





Request for a preliminary ruling from the Tribunal da Relação do Porto (Portugal) lodged on 13 March 2017 — Hélder José Cunha Martins v Fundo de Garantia Automóvel
(Case C-131/17)
(2017/C 168/32)
Language of the case: Portuguese

Referring court

Tribunal da Relação do Porto

Parties to the main proceedings


Applicant: Hélder José Cunha Martins, [the party against whom enforcement is sought]

Defendant: Fundo de Garantia Automóvel, [the party seeking enforcement]

Questions referred







1.


In the context of an action for damages arising from a road-traffic accident, must a finding of joint and several liability on appeal by a higher court, without recourse being had to the principle of the immediacy of evidence and without all the grounds of defence being available, be considered to have been made in a fair and equitable hearing, as provided for in Article 47 of the Charter of Fundamental Rights of the European Union?










2.


Is the attachment of goods in enforcement proceedings, without the action for recovery having been heard beforehand, contrary to Article 47 of the Charter of Fundamental Rights of the European Union?
Commission Implementing Regulation (EU) 2017/441 of 13 March 2017 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
Date: 2017-03-13
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: Iraq, economic sanctions, international sanctions, legal person, trade restriction








L_2017067EN.01007801.xml










14.3.2017   


EN


Official Journal of the European Union


L 67/78








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/441
of 13 March 2017
         
amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:







(1)


Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.












(2)


On 8 March 2017, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.












(3)


Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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, 13 March 2017.


For the Commission,


On behalf of the President,


Acting Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 169, 8.7.2003, p. 6.




ANNEX
In Annex III to Regulation (EC) No 1210/2003, the following entry is deleted:







‘91.


NATIONAL CHEMICAL AND PLASTIC COMPANY. Address: P.O. Box 2302, Alwiya/Baghdad Za'afaraniya, Baghdad, Iraq.’
Commission Regulation (EU) 2017/453 of 13 March 2017 establishing a temporary prohibition of fishing for undulate ray in Union waters of VIId by vessels flying the flag of Belgium
Date: 2017-03-13
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Belgium, EU waters, English Channel, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2017071EN.01000301.xml










16.3.2017   


EN


Official Journal of the European Union


L 71/3








            COMMISSION REGULATION (EU) 2017/453
of 13 March 2017
         
establishing a temporary prohibition of fishing for undulate ray in Union waters of VIId by vessels flying the flag of Belgium


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2017/127 (2) lays down quotas for 2017.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2017.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2017 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 13 March 2017.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 24, 28.1.2017, p. 1).




ANNEX






No


02/TQ127




Member State


Belgium




Stock


RJU/07-D.




Species


Undulate ray (Raja undulata)




Zone


Union waters of VIId




Closing date


27.1.2017