do-me/EUR-LEX huggingface dataset:
Case T-603/15: Order of the General Court of 27 March 2017 — Frank v Commission (Action for annulment — Horizon 2020 Framework Programme for Research and Innovation — Calls for proposals and related activities under the ERC Work Programme 2015 — Decision of the ERCEA declaring the proposal submitted by the applicant ineligible — Implied decision of the Commission rejecting the administrative appeal relating to the decision of the ERCEA — Incorrect designation of the defendant — Inadmissibility)
Date: 2017-03-27
Institutions: General Court
Subjects: EU research policy, Framework Programme for Research and Development, administrative procedure, admissibility, award of contract, executive agency, innovation, invitation to tender, research and development, transparency in decision-making








C_2017178EN.01001901.xml










6.6.2017   


EN


Official Journal of the European Union


C 178/19





Order of the General Court of 27 March 2017 — Frank v Commission
(Case T-603/15) (1)

((Action for annulment - Horizon 2020 Framework Programme for Research and Innovation - Calls for proposals and related activities under the ERC Work Programme 2015 - Decision of the ERCEA declaring the proposal submitted by the applicant ineligible - Implied decision of the Commission rejecting the administrative appeal relating to the decision of the ERCEA - Incorrect designation of the defendant - Inadmissibility))
(2017/C 178/25)
Language of the case: German

Parties


Applicant: Regine Frank (Bonn, Germany) (represented by: initially W. Trautner, subsequently by E. Niitväli and M. Reysen, then by E. Niitväli, M. Reysen and S. Wachs, and finally S. Conrad, lawyers)

Defendant: European Commission (represented by: R. Lyal and B. Conte, acting as agents)

Re:

Application based on Article 263 TFEU seeking the annulment of the decision of the European Research Council Executive Agency (ERCEA) of 5 June 2015 relating, in the context of the ‘ERC starting grant’ programme, to proposal No 680151 of the applicant — which was not given a positive evaluation during step 1 and was not admitted to step 2 of the evaluation — and the Commission’s implied decision rejecting the applicant’s administrative appeal pursuant to Article 22(1) of Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ 2003 L 11, p. 1).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Ms Regine Frank and the European Commission shall bear their own costs.






(1)  OJ C 48, 8.2.2016.
Case T-193/17: Action brought on 27 March 2017 — CeramTec v EUIPO — C5 Medical Werks (Shape of a hip ball)
Date: 2017-03-27
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2017161EN.01003701.xml










22.5.2017   


EN


Official Journal of the European Union


C 161/37





Action brought on 27 March 2017 — CeramTec v EUIPO — C5 Medical Werks (Shape of a hip ball)
(Case T-193/17)
(2017/C 161/52)
Language in which the application was lodged: English

Parties


Applicant: CeramTec (Plochingen, Germany) (represented by: A. Renck and E. Nicolás Gómez, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: C5 Medical Werks (Grand Junction, Colorado, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU tridimensional mark in pink (Shape of a hip ball) — EU trade mark No 10 214 179

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 February 2017 in Case R 929/2016-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order that the costs of the proceedings be borne by the defendant, or, if C5 Medical Werks joins, by the intervener.





Plea in law







—


Infringement of Articles 59 and 83 of Regulation No 207/2009.
Decision No 48/2017 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 27 March 2017 related to the listing of conformity assessment bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/690]
Date: 2017-03-27
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2017099EN.01002601.xml










12.4.2017   


EN


Official Journal of the European Union


L 99/26








            DECISION No 48/2017 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 27 March 2017
         
related to the listing of conformity assessment bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/690]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14,


Whereas the Joint Committee is to take a decision to list a conformity assessment body or bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:








1.


The conformity assessment body in Attachment A is added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the conformity assessment body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington DC, on 6 March 2017
            



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 27 March 2017
            







Attachment A

EC conformity assessment body added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











TÜV RHEINLAND ITALIA S.R.L.




via E. Mattei, 3




20010 Pogliano Milanese




ITALY
Decision No 49/2017 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 27 March 2017 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/691]
Date: 2017-03-27
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2017099EN.01002701.xml










12.4.2017   


EN


Official Journal of the European Union


L 99/27








            DECISION No 49/2017 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 27 March 2017
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/691]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14,


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington DC, on 6 March 2017
            



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 27 March 2017
            







Attachment A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











DELTA Development Technology AB




Finnslätten, Elektronikgatan 47




721 35 Västerås




SWEDEN
Case C-154/17: Request for a preliminary ruling from the Augstākā tiesa (Latvia) lodged on 27 March 2017 — SIA ‘E LATS’
Date: 2017-03-27
Institutions: Court of Justice
Subjects: VAT, precious metal, precious stones, used goods








C_2017195EN.01001401.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/14





Request for a preliminary ruling from the Augstākā tiesa (Latvia) lodged on 27 March 2017 — SIA ‘E LATS’
(Case C-154/17)
(2017/C 195/18)
Language of the case: Latvian

Referring court

Augstākā tiesa

Parties to the main proceedings


Appellant: SIA ‘E LATS’

Respondent: Valsts ieņēmumu dienests

Questions referred







1.


Must Article 311(1)(1) of Council Directive 2006/112/EC (1) on the common system of value added tax be interpreted as meaning that used articles, acquired by a trader, that contain precious metals or precious stones (as in the present case) and are resold principally in order for those precious metals or precious stones to be extracted, may be regarded as second-hand goods?










2.


If the answer to question 1 is in the affirmative, is it relevant, for the purpose of limiting the application of the special arrangements, that the trader knows that the subsequent buyer intends to extract the precious metals or precious stones present in the used articles, or are the objective characteristics of the transaction (the quantity of goods, legal status of the counterparty to the transaction, etc.) relevant?






(1)  OJ 2006 L 347, p. 1.
Decision No 50/2017 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 27 March 2017 related to the listing of conformity assessment bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/692]
Date: 2017-03-27
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2017099EN.01002801.xml










12.4.2017   


EN


Official Journal of the European Union


L 99/28








            DECISION No 50/2017 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 27 March 2017
         
related to the listing of conformity assessment bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/692]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;


Whereas the Joint Committee is to take a decision to list a conformity assessment body or bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:








1.


The conformity assessment body in Attachment A is added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the conformity assessment body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington DC, on 6 March 2017
            



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 27 March 2017
            







Attachment A

EC conformity assessment body added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











7layers GmbH




Borsigstrasse 11




40880 Ratingen




GERMANY
Council Decision of 27 March 2017 appointing an alternate member of the Advisory Committee on Freedom of Movement for Workers for Portugal
Date: 2017-03-27
Institutions: Council of the European Union
Subjects: Portugal, advisory committee (EU), appointment of members, free movement of workers








C_2017099EN.01000101.xml










30.3.2017   


EN


Official Journal of the European Union


C 99/1





COUNCIL DECISION
of 27 March 2017
appointing an alternate member of the Advisory Committee on Freedom of Movement for Workers for Portugal
(2017/C 99/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decisions of 20 September 2016 (2) and 23 January 2017 (3), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2016 to 24 September 2018.










(2)


The government of Portugal has submitted one nomination for a post to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following is appointed alternate member of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2018:
I.   GOVERNMENT REPRESENTATIVES







Country


Member


Alternate member




Portugal


 


Mr João ATAÍDE




Article 2
The Council shall appoint members and alternate members not yet nominated at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Brussels, 27 March 2017.


For the Council


The President

C. ABELA




(1)  OJ L 141, 27.5.2011, p. 1.

(2)  Council Decision of 20 September 2016 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers (OJ C 348, 23.9.2016, p. 3.)

(3)  Council Decision of 23 January 2017 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Portugal (OJ C 27, 27.1.2017, p. 6.)
Council Decision (EU) 2017/619 of 27 March 2017 appointing an alternate member, proposed by the Kingdom of Spain, of the Committee of the Regions
Date: 2017-03-27
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2017089EN.01000801.xml










1.4.2017   


EN


Official Journal of the European Union


L 89/8








            COUNCIL DECISION (EU) 2017/619
of 27 March 2017
         
appointing an alternate member, proposed by the Kingdom of Spain, 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 Spanish 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. On 5 October 2015, by Council Decision (EU) 2015/1792 (4), Mr Borja COROMINAS FISAS was replaced by Ms Yolanda IBARROLA DE LA FUENTE as an alternate member.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Yolanda IBARROLA DE LA FUENTE,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Ignacio Javier GARCÍA GIMENO, Director General de Asuntos Europeos y Cooperación con el Estado de la Comunidad de Madrid.






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




Done at Brussels, 27 March 2017.


For the Council


The President

C. ABELA
            





(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).

(4)  Council Decision (EU) 2015/1792 of 5 October 2015 appointing five Spanish members and five Spanish alternate members of the Committee of the Regions (OJ L 260, 7.10.2015, p. 28).
Case T-191/17: Action brought on 27 March 2017 — Boehringer Ingelheim International v Commission
Date: 2017-03-27
Institutions: General Court
Subjects: consumer information, economic discrimination, equal treatment, labelling, marketing, medicinal product, pharmaceutical legislation








C_2017178EN.01002701.xml










6.6.2017   


EN


Official Journal of the European Union


C 178/27





Action brought on 27 March 2017 — Boehringer Ingelheim International v Commission
(Case T-191/17)
(2017/C 178/40)
Language of the case: English

Parties


Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: C. Schoonderbeek, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission Implementing Decision of 19 January 2017 C(2017)379(final);










—


state that the effects of this Commission Implementing Decision remain in force until the European Commission has adopted a new decision; and










—


order the European Commission to pay its own costs and those of the applicant.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission’s decision of 19 January 2017 constitutes a violation of Article 12(1) of Regulation (EC) No 726/2004, read in conjunction with Article 11 of Directive 2001/83/EC and the Notice to Applicants.










2.


Second plea in law, alleging that the Commission’s decision of 19 January 2017 is not consistent with the application of the relevant provisions and guidelines and regulatory practice in other cases and thus constitutes a violation of the principles of equal treatment and non-discrimination and results in a distortion of the level playing field.
Council Decision (CFSP) 2017/718 of 27 March 2017 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information
Date: 2017-03-27
Institutions: Council of the European Union
Subjects: Moldova, agreement (EU), confidentiality, data protection, exchange of information, ratification of an agreement, signature of an agreement








L_2017106EN.01000101.xml










22.4.2017   


EN


Official Journal of the European Union


L 106/1








            COUNCIL DECISION (CFSP) 2017/718
of 27 March 2017
         
concerning the signing and conclusion of the Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and the first subparagraph of Article 218(6) of the Treaty on the Functioning of the European Union,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


At its meeting on 26 May 2015, the Council decided to authorise the High Representative of the Union for Foreign Affairs and Security Policy (HR) to open negotiations pursuant to Article 37 of the Treaty on European Union and in accordance with the procedure laid down in Article 218(3) of the Treaty on the Functioning of the European Union in order to conclude an Agreement on the security of information between the European Union and the Republic of Moldova.












(2)


Following that authorisation, the HR negotiated an Agreement with the Republic of Moldova on security procedures for exchanging and protecting classified information.












(3)


That Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.


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




Done at Brussels, 27 March 2017.


For the Council


The President

C. ABELA
Case T-195/17: Action brought on 27 March 2017 — CeramTec v EUIPO — C5 Medical Werks (Shade of pink)
Date: 2017-03-27
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2017151EN.01004402.xml










15.5.2017   


EN


Official Journal of the European Union


C 151/44





Action brought on 27 March 2017 — CeramTec v EUIPO — C5 Medical Werks (Shade of pink)
(Case T-195/17)
(2017/C 151/57)
Language in which the application was lodged: English

Parties


Applicant: CeramTec (Plochingen, Germany) (represented by: A. Renck and E. Nicolás Gómez, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: C5 Medical Werks (Grand Junction, Colorado, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Figurative colour mark in pink — EU trade mark No 10 214 195

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 February 2017 in Case R 930/2016-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the other party to the proceedings, should it intervene, to pay the costs.





Plea in law







—


Infringement of Articles 59 and 83 of Regulation No 207/2009.