do-me/EUR-LEX huggingface dataset:
Case C-144/17: Request for a preliminary ruling from the Tribunale Amministrativo Regionale Calabria (Italy) lodged on 22 March 2017 — Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria
Date: 2017-03-22
Institutions: Court of Justice
Subjects: EU competition policy, London, insurance company, national law, tendering








C_2017213EN.01001802.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/18





Request for a preliminary ruling from the Tribunale Amministrativo Regionale Calabria (Italy) lodged on 22 March 2017 — Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria
(Case C-144/17)
(2017/C 213/23)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale Calabria

Parties to the main proceedings


Applicant: Lloyd’s of London

Defendant: Agenzia Regionale per la Protezione dell’Ambiente della Calabria

Question referred

‘Do the principles laid down by EU competition rules, as set out in the Treaty on the Functioning of the European Union (TFEU), and the principles deriving therefrom, such as the independence and confidentiality of tenders, preclude national legislation, as interpreted by case-law, which allows the simultaneous participation, in the same tendering procedure launched by a contracting authority, of several syndicates, members of Lloyd’s of London, whose tenders are underwritten by a single person, namely the General Representative for the Member State concerned?’
Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/172/CFSP, as amended by Decision (CFSP) 2017/496, and in Council Regulation (EU) No 270/2011 concerning restrictive measures in view of the situation in Egypt apply
Date: 2017-03-22
Institutions: Council of the European Union
Subjects: Egypt, economic sanctions, international sanctions, natural person








C_2017089EN.01001801.xml










22.3.2017   


EN


Official Journal of the European Union


C 89/18





Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/172/CFSP, as amended by Decision (CFSP) 2017/496, and in Council Regulation (EU) No 270/2011 concerning restrictive measures in view of the situation in Egypt apply
(2017/C 89/03)
The following information is brought to the attention of the persons who appear in the Annex to Council Decision 2011/172/CFSP (1) and in Annex I to Council Regulation (EU) No 270/2011 (2) concerning restrictive measures in view of the situation in Egypt.
The Council of the European Union has determined that the persons that appear in the abovementioned Annexes should continue to be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2011/172/CFSP and in Regulation (EU) No 270/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 270/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered. They should be presented before 15 December 2017 to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 76, 22.3.2011, p. 63.

(2)  OJ L 76, 22.3.2011, p. 4.
Case T-430/16: Judgment of the General Court of 22 March 2017 — Intercontinental Exchange Holdings v EUIPO (BRENT INDEX) (EU trade mark — Application for the EU word mark BRENT INDEX — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2017-03-22
Institutions: General Court
Subjects: EU trade mark, financial services, registered trade mark, trade-mark law








C_2017144EN.01004101.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/41





Judgment of the General Court of 22 March 2017 — Intercontinental Exchange Holdings v EUIPO (BRENT INDEX)
(Case T-430/16) (1)

((EU trade mark - Application for the EU word mark BRENT INDEX - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2017/C 144/55)
Language of the case: English

Parties


Applicant: Intercontinental Exchange Holdings, Inc. (Atlanta, Georgia, United States) (represented by: P. Heusler, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 June 2016 (Case R 8/2016-4), concerning an application for registration of the word sign BRENT INDEX as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Intercontinental Exchange Holdings, Inc. to pay the costs.






(1)  OJ C 371, 10.10.2016.
Case T-425/16: Judgment of the General Court of 22 March 2017 — Hoffmann v EUIPO (European Union trade mark — Application for EU word mark Genius — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2017-03-22
Institutions: General Court
Subjects: EU trade mark, advertising, clothing, electronics industry, gaming, paper, registered trade mark, research and development, telecommunications, trade-mark law








C_2017144EN.01004002.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/40





Judgment of the General Court of 22 March 2017 — Hoffmann v EUIPO
(Case T-425/16) (1)

((European Union trade mark - Application for EU word mark Genius - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2017/C 144/54)
Language of the case: German

Parties


Applicant: Karl Hoffmann (Bad Schwalbach, Germany) (represented by: C. Jonas, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 31 May 2016 (Case R 1631/2015-5), concerning an application for registration of the word sign Genius as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Karl Hoffmann to pay the costs.






(1)  OJ C 343, 19.9.2016.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 270/2011, as implemented by Council Implementing Regulation (EU) 2017/491, concerning restrictive measures in view of the situation in Egypt apply
Date: 2017-03-22
Institutions: Council of the European Union
Subjects: Egypt, economic sanctions, international sanctions, natural person, personal data








C_2017089EN.01001901.xml










22.3.2017   


EN


Official Journal of the European Union


C 89/19





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 270/2011, as implemented by Council Implementing Regulation (EU) 2017/491, concerning restrictive measures in view of the situation in Egypt apply
(2017/C 89/04)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) No 270/2011 (2) as implemented by Council Implementing Regulation (EU) 2017/491 (3).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 270/2011, as implemented by Implementing Regulation (EU) 2017/491.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with Section 5 of Council Decision 2004/644/EC (4).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 76, 22.3.2011, p. 4.

(3)  OJ L 76, 22.3.2017, p. 10.

(4)  OJ L 296, 21.9.2004, p. 16.
Joined Cases C-497/15 and C-498/15: Judgment of the Court (Tenth Chamber) of 22 March 2017 (request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság — Hungary) — Euro-Team Kft. (Case C-497/15), Spirál-Gép Kft. (Case C-498/15) v Budapest Rendőrfőkapitánya (Reference for a preliminary ruling — Approximation of laws — Road transport — Tax provisions — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Toll — Member States' obligation to establish effective, proportionate and dissuasive penalties — Flat-rate fine — Proportionality)
Date: 2017-03-22
Institutions: Court of Justice
Subjects: approximation of laws, axle tax, fine, large vehicle, principle of proportionality, road transport, toll








C_2017168EN.01001201.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/12





Judgment of the Court (Tenth Chamber) of 22 March 2017 (request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság — Hungary) — Euro-Team Kft. (Case C-497/15), Spirál-Gép Kft. (Case C-498/15) v Budapest Rendőrfőkapitánya
(Joined Cases C-497/15 and C-498/15) (1)

((Reference for a preliminary ruling - Approximation of laws - Road transport - Tax provisions - Directive 1999/62/EC - Charging of heavy goods vehicles for the use of certain infrastructures - Toll - Member States' obligation to establish effective, proportionate and dissuasive penalties - Flat-rate fine - Proportionality))
(2017/C 168/13)
Language of the case: Hungarian

Referring court

Szegedi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicants: Euro-Team Kft. (Case C-497/15), Spirál-Gép Kft. (Case C-498/15)

Defendant: Budapest Rendőrfőkapitánya

Operative part of the judgment







1.


Article 9a of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, as amended by Directive 2011/76/EU of the European Parliament and of the Council of 27 September 2011, must be interpreted as meaning that the requirement set out therein of proportionality of the penalties which it covers precludes a system of penalties, such as that at issue in the main proceedings, which provides for the imposition of a flat-rate fine for all offences, whatever their nature and gravity, under the rules on the obligation to make prior payment of the toll for use of a road infrastructure;










2.


Article 9a of Directive 1999/62, as amended by Directive 2011/76, must be interpreted as meaning that the requirement of proportionality referred to therein does not preclude a system of penalties, such as that at issue in the main proceedings, which institutes strict liability. However, it must be interpreted as precluding the level of the penalty provided for by that system.






(1)  OJ C 27, 25.1.2016.
Case C-665/15: Judgment of the Court (Ninth Chamber) of 22 March 2017 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Transport — Driving licences — EU driving licence network — Use of and connection to the EU network)
Date: 2017-03-22
Institutions: Court of Justice
Subjects: European driving licence, common transport policy, infringement procedure (EU)








C_2017168EN.01001401.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/14





Judgment of the Court (Ninth Chamber) of 22 March 2017 — European Commission v Portuguese Republic
(Case C-665/15) (1)

((Failure of a Member State to fulfil obligations - Transport - Driving licences - EU driving licence network - Use of and connection to the EU network))
(2017/C 168/16)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: J. Hottiaux, M. Farrajota and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo and C. Guerra Santos, acting as Agents)

Operative part of the judgment

The Court:






1.


Rules that, by not having put in place the connection to the EU driving licence network, the Portuguese Republic has failed to fulfil its obligations under Article 7(5)(d) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences;










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 59, 15.2.2016.
Case T-336/15: Judgment of the General Court of 22 March 2017 — Windrush Aka v EUIPO — Dammers (The Specials) (EU trade mark — Revocation proceedings — EU word mark The Specials — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Consent of the proprietor of the trade mark — Article 15(2) of Regulation No 207/2009)
Date: 2017-03-22
Institutions: General Court
Subjects: EU trade mark, copyright, music, record, registered trade mark, trade-mark law








C_2017144EN.01003701.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/37





Judgment of the General Court of 22 March 2017 — Windrush Aka v EUIPO — Dammers (The Specials)
(Case T-336/15) (1)

((EU trade mark - Revocation proceedings - EU word mark The Specials - Genuine use - Article 51(1)(a) of Regulation (EC) No 207/2009 - Consent of the proprietor of the trade mark - Article 15(2) of Regulation No 207/2009))
(2017/C 144/48)
Language of the case: English

Parties


Applicant: Windrush Aka LLP (London, United Kingdom) (represented by: S. Malynicz QC and S. Britton, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Jerry Dammers (London, United Kingdom) (represented by: C. Fehler, Solicitor, H. Cuddigan and B. Brandreth, Barristers).

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 18 March 2015 (Case R 1412/2014-1), relating to revocation proceedings between Windrush Aka and Mr Dammers.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Windrush Aka LLP to pay the costs.






(1)  OJ C 294, 7.9.2015.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2017-03-22
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, electrical equipment




C_2017089EN.01002101.xml










22.3.2017   


EN


Official Journal of the European Union


C 89/21





Explanatory Notes to the Combined Nomenclature of the European Union
(2017/C 89/06)
Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 344, the explanatory note to CN subheading 8536 69 10 to 8536 69 90 is replaced by the following:


‘Other
These subheadings include electromechanical plugs (so-called male type connectors) and sockets (so-called female type connectors) which permit connection, for example, between appliances, cables and connector boards.
The connectors may have a plug or socket on both sides or a plug or socket on one side and another contact device on the other (for example, crimp, clamp, soldered or screw-type) see the examples in figures 1 and 2.

Figure 1:

On one side the cable is connected to the connector by means of a crimp/clamp connection. On the other side the connection is made by plugging the male-type/female type connector.




Figure 2:

On one side, the cable is connected to the connector by means of a crimp/clamp connection. On the other side, the connection is made by plugging the female-type connector. In addition, this connector is also fitted with an additional connection in the form of a male-type connector.
These subheadings also include plug-in couplings comprising a plug and socket pair (two pieces). The plug and the socket pieces each have one socket and one other contact device.



These subheadings do not include connection or contact elements with which an electrical connection is solely established by other means (for example, crimp, screw-type, soldered or clamp terminals). These are covered by subheading 8536 90 (see the examples in figures 3 to 7).
However plugs and sockets, threaded internally or externally, are included.

Figures 3 and 4:

On one side the cable is connected to the connector by means of a crimp/clamp connection. On the other side the connection is made by using a screw or a bolt and nut.




Figures 5, 6 and 7:

The electrical connection is not made by plugging. There is no male or female type connector present. The electrical connection is made by screwing or clamping.

 ’


On page 344, the explanatory note to CN subheading 8536 69 10 is replaced by the following:


‘For coaxial cables
This subheading covers only plugs and sockets used for coaxial connections (see the examples in figures 1 to 6).







Figure 1

Coaxial plug






Figure 2

Coaxial socket








Figure 3

Coaxial plug






Figure 4

Coaxial socket








Figure 5

Threaded coaxial plug






Figure 6

Coaxial adapter

’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.
Case T-190/17: Action brought on 22 March 2017 — EKETA v Commission
Date: 2017-03-22
Institutions: General Court
Subjects: EU aid, claim, expenditure, financial aid, information technology applications, motor vehicle industry, reimbursement of aid, research project, scientific research








C_2017151EN.01004401.xml










15.5.2017   


EN


Official Journal of the European Union


C 151/44





Action brought on 22 March 2017 — EKETA v Commission
(Case T-190/17)
(2017/C 151/56)
Language of the case: Greek

Parties


Applicant: Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) (Thessaloniki, Greece) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare that the request made by the European Commission to ΕΚΕΤΑ to reimburse the amount of EUR 172 992,15f the payment received by it for the CATER project, that request being made in the debit note 3241615289/29.11.2016, is unfounded with respect to the sum of EUR 112 737,15;










—


declare that the sum of EUR 112 737,15 constitutes eligible costs and that ΕΚΕΤΑ is not obliged to repay that sum to the European Commission, and










—


order the European Commission to pay the applicant’s costs.





Pleas in law and main arguments







1.


By this action, the Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) challenges the requests made by the Commission by means of its debit note 3241615289/29.11.2016, in relation to participation in the CATER project. By means of that debit note, the Commission requested that ΕΚΕΤΑ reimburse part of the payment received by it for the CATER project, a sum of EUR 172 992,15. The request follows an on-the-spot audit which was carried out by the European Commission at the applicant’s premises.










2.


In that context, the applicant claims that the General Court of the European Union, under Article 272 TFEU, should declare that, out of the above amount stated in the debit note, the sum of EUR 112 737,15 constitutes eligible costs and that ΕΚΕΤΑ is not obliged to repay that sum to the Commission.










3.


ΕΚΕΤΑ maintains that the above amount of EUR 112 737,15 constitutes eligible staff costs and indirect costs, which the Commission wrongly rejected as being ineligible. The eligibility of the applicant’s costs is demonstrated by the evidence that it submitted to the European Commission at the on-the-spot audit and in subsequent correspondence and that it submits to the General Court.
Prior notification of a concentration (Case M.8392 — Bolloré/Vivendi) (Text with EEA relevance. )
Date: 2017-03-22
Institutions: European Commission
Subjects: audiovisual industry, broadcasting, economic concentration, merger control, telecommunications industry








C_2017089EN.01003801.xml










22.3.2017   


EN


Official Journal of the European Union


C 89/38





Prior notification of a concentration
(Case M.8392 — Bolloré/Vivendi)
(Text with EEA relevance)
(2017/C 89/09)






1.


On 15 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bolloré SA (‘Bolloré’, France), belonging to the group Bolloré, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Vivendi SA (‘Vivendi’, France).










2.


The business activities of the undertakings concerned are:
—   for Bolloré: (i) communication, (ii) transportation and logistics, and (iii) electricity storage and solutions;
—   for Vivendi: (i) music, (ii) television, (iii) films, (iv) video games, and (v) video sharing.










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.










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.8392 — Bolloré/Vivendi, 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’).