do-me/EUR-LEX huggingface dataset:
Case T-217/17: Action brought on 3 April 2017 — FVE Holýšov I and Others v Commission
Date: 2017-04-03
Institutions: General Court
Subjects: Czechia, State aid, control of State aid, electrical energy, energy production, principle of legal certainty, renewable energy








C_2017202EN.01002002.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/20





Action brought on 3 April 2017 — FVE Holýšov I and Others v Commission
(Case T-217/17)
(2017/C 202/35)
Language of the case: English

Parties


Applicants: FVE Holýšov I s. r. o. (Prague, Czech Republic) and 27 other applicants (represented by: A. Reuter, H. Wendt, C. Bürger, T. Christner, W. Schumacher, A. Compes and T. Herbold, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


to declare void the defendant’s Decision C(2016) 7827 final of 28 November 2016, State Aid SA.40171 (2015/NN) (1), concerning the promotion of electricity production from renewable energy sources in the Czech Republic; and










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging by its letter of July 2004 to the relevant industry associations the defendant has already decided that the Czech Republic’s RE promotion scheme does not constitute State aid, and Defendant is, as a matter of law, bound to this decision, which it has not revoked and is not allowed to revoke.










2.


Second plea in law, alleging a violation of applicants’ legitimate expectations and certainty of law.










3.


Third plea in law, alleging that the relevant Czech promotion scheme does not constitute State aid.










4.


Fourth plea in law, alleging that the contested decision forces the Czech Republic to implement an overreaching review mechanism which violates the applicants' legitimate expectations in the reliability of the scheme.










5.


Fifth plea in law, alleging that the contested decision is based on errors in fact in that it finds an obligation of the grid operators to pass on RE cost to power customers. There was no such obligation under Czech law.










6.


Sixth plea in law, alleging that the contested decision violates article 5 paragraph 1 of the EU Treaty (limitation of competences by the principle of conferral).










7.


Seventh plea in law, alleging that the contested decision is based on manifest error of assessment.






(1)  OJ C 69, 2017, p. 2
Commission Regulation (EU) 2017/643 of 3 April 2017 establishing a temporary prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Spain
Date: 2017-04-03
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2017092EN.01000701.xml










6.4.2017   


EN


Official Journal of the European Union


L 92/7








            COMMISSION REGULATION (EU) 2017/643
of 3 April 2017
         
establishing a temporary prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Spain


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, 3 April 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


06/TQ127




Member State


Spain




Stock


WHM/ATLANT




Species


White marlin (Tetrapturus albidus)




Zone


Atlantic Ocean




Closing date


1.1.2017
Commission Regulation (EU) 2017/642 of 3 April 2017 establishing a temporary prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain
Date: 2017-04-03
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2017092EN.01000501.xml










6.4.2017   


EN


Official Journal of the European Union


L 92/5








            COMMISSION REGULATION (EU) 2017/642
of 3 April 2017
         
establishing a temporary prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain


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, 3 April 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


05/TQ127




Member State


Spain




Stock


BUM/ATLANT




Species


Blue marlin (Makaira nigricans)




Zone


Atlantic Ocean




Closing date


1.1.2017
Case T-215/16: Judgment of the General Court of 3 April 2017 — Cop v EUIPO — Conexa (AMPHIBIAN) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark AMPHIBIAN — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2017-04-03
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, measuring equipment, registered trade mark, trade-mark law








C_2017151EN.01003601.xml










15.5.2017   


EN


Official Journal of the European Union


C 151/36





Judgment of the General Court of 3 April 2017 — Cop v EUIPO — Conexa (AMPHIBIAN)
(Case T-215/16) (1)

((EU trade mark - Invalidity proceedings - International registration designating the European Union - Figurative mark AMPHIBIAN - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2017/C 151/46)
Language of the case: German

Parties


Applicant: Cop Vertriebs-GmbH (Aresing, Germany) (represented by: H. Hofmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Conexa LLC (Dover, Delaware, United States) (represented by: H. Twelmeier, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 7 March 2016 (Case R 1984/2015-4) relating to invalidity proceedings between Cop and Conexa.

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders Cop Vertriebs-GmbH to pay the costs.






(1)  OJ C 251, 11.7.2016.