do-me/EUR-LEX huggingface dataset:
Case C-218/17 P: Appeal brought on 26 April 2017 by Natural Instinct Ltd against the judgment of the General Court (Fifth Chamber) delivered on 15 February 2017 in Case T-30/16: M. I. Industries v EUIPO — Natural Instinct
Date: 2017-04-26
Institutions: Court of Justice
Subjects: EU trade mark, pet food, registered trade mark, trade-mark law








C_2017369EN.01000202.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/2





Appeal brought on 26 April 2017 by Natural Instinct Ltd against the judgment of the General Court (Fifth Chamber) delivered on 15 February 2017 in Case T-30/16: M. I. Industries v EUIPO — Natural Instinct
(Case C-218/17 P)
(2017/C 369/03)
Language of the case: English

Parties


Appellant: Natural Instinct Ltd (represented by: C. Spintig, Rechtsanwalt, S. Pietzcker, Rechtsanwalt, B. Brandreth, Barrister)

Other parties to the proceedings: European Union Intellectual Property Office, M. I. Industries, Inc.
By order of 7 September 2017 the Court of Justice (Sixth Chamber) held that the appeal was inadmissible.
Case C-142/16: Judgment of the Court (Second Chamber) of 26 April 2017 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Article 6(3) — Conservation of natural habitats — Construction of a coal-fired power plant in Moorburg (Germany) — Natura 2000 areas situated upstream of that coal-fired power plant on the corridor of the Elbe river — Assessment of the implications of a plan or project for a protected site)
Date: 2017-04-26
Institutions: Court of Justice
Subjects: Hamburg, conservation of resources, environmental impact, infringement of EU law, power plant, protected area, water protection








C_2017195EN.01000501.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/5





Judgment of the Court (Second Chamber) of 26 April 2017 — European Commission v Federal Republic of Germany
(Case C-142/16) (1)

((Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Article 6(3) - Conservation of natural habitats - Construction of a coal-fired power plant in Moorburg (Germany) - Natura 2000 areas situated upstream of that coal-fired power plant on the corridor of the Elbe river - Assessment of the implications of a plan or project for a protected site))
(2017/C 195/06)
Language of the case: German

Parties


Applicant: European Commission (represented by: C. Hermes and E. Manhaeve, acting as Agents)

Defendant: Federal Republic of Germany (represented by T. Henze and J. Möller, acting as Agents, assisted by W. Ewer, Rechtsanwalt)

Operative part of the judgment

The Court:






1.


Declares that, by authorising the construction of the coal-fired power plant in Moorburg, near Hamburg (Germany), without conducting an appropriate and comprehensive assessment of its implications, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;










2.


Dismisses the remainder of the action;










3.


Orders each party to bear its own costs.






(1)  OJ C 165, 10.5.2016.
Euro exchange rates
Date: 2017-04-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2017132EN.01000601.xml










26.4.2017   


EN


Official Journal of the European Union


C 132/6





Euro exchange rates (1)

25 April 2017
(2017/C 132/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0891 




JPY


Japanese yen


120,34 




DKK


Danish krone


7,4396 




GBP


Pound sterling


0,84928 




SEK


Swedish krona


9,6010 




CHF


Swiss franc


1,0826 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3158 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,771 




HUF


Hungarian forint


311,70 




PLN


Polish zloty


4,2273 




RON


Romanian leu


4,5255 




TRY


Turkish lira


3,9127 




AUD


Australian dollar


1,4454 




CAD


Canadian dollar


1,4790 




HKD


Hong Kong dollar


8,4756 




NZD


New Zealand dollar


1,5636 




SGD


Singapore dollar


1,5170 




KRW


South Korean won


1 228,28 




ZAR


South African rand


14,2071 




CNY


Chinese yuan renminbi


7,4976 




HRK


Croatian kuna


7,4645 




IDR


Indonesian rupiah


14 460,53 




MYR


Malaysian ringgit


4,7550 




PHP


Philippine peso


54,078 




RUB


Russian rouble


61,0111 




THB


Thai baht


37,487 




BRL


Brazilian real


3,4329 




MXN


Mexican peso


20,5205 




INR


Indian rupee


70,0130 






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) 2017/791 of 26 April 2017 entering a name in the register of protected designations of origin and protected geographical indications (Stupavské Zelé (PDO))
Date: 2017-04-26
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Bratislava region, Slovakia, designation of origin, labelling, product designation, vegetable product








L_2017120EN.01000101.xml










11.5.2017   


EN


Official Journal of the European Union


L 120/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/791
of 26 April 2017
         
entering a name in the register of protected designations of origin and protected geographical indications (Stupavské Zelé (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Slovakia's application to register the name ‘Stupavské Zelé’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Stupavské Zelé’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Stupavské Zelé’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 26 April 2017.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 5, 7.1.2017, p. 6.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case T-569/16: Judgment of the General Court of 26 April 2017 — OU v Commission (Civil service — Contract staff — Disciplinary proceedings — Suspension — Sums withheld from remuneration — Reprimand — Repayment — Article 24(4) of Annex IX to the Staff Regulations)
Date: 2017-04-26
Institutions: General Court
Subjects: disciplinary proceedings, interest, remuneration of work, servant (EU), staff regulations (EU)








C_2017195EN.01002602.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/26





Judgment of the General Court of 26 April 2017 — OU v Commission
(Case T-569/16) (1)

((Civil service - Contract staff - Disciplinary proceedings - Suspension - Sums withheld from remuneration - Reprimand - Repayment - Article 24(4) of Annex IX to the Staff Regulations))
(2017/C 195/37)
Language of the case: French

Parties


Applicant: OU (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: C. Ehrbar and F. Simonetti, acting as Agents)

Re:

Action pursuant to Article 270 TFEU seeking, first, annulment of the decision of the Commission of 13 March 2015 rejecting the applicant’s claim for repayment of the sums withheld from his remuneration during a period of six months as from 15 January 2007, and, second, repayment of those sums together with interest payable on them.

Operative part of the judgment

The Court:






1.


Annuls the decision of 13 March 2015 by which the European Commission rejected the application of Mr OU for repayment of the sums withheld from his remuneration pursuant to the decision of the Commission of 14 December 2006;










2.


Orders the Commission to repay to Mr OU the sums withheld from his remuneration pursuant to the decision of 14 December 2006;










3.


Orders the Commission to pay the costs.






(1)  OJ C 211, 13.6.2016 (case initially registered before the Civil Service Tribunal of the European Union under number F-141/15 and transferred to the General Court of the European Union on 1.9.2016).
Case C-632/15: Judgment of the Court (Fourth Chamber) of 26 April 2017 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Costin Popescu v Guvernul României and Others (Reference for a preliminary ruling — Transport — Road transport — Driving licences — Directive 2006/126/EC — Article 13(2) — Concept of ‘entitlement to drive granted before 19 January 2013’ — National legislation transposing the directive — Obligation to obtain a driving licence imposed on persons who were allowed to ride a moped without a licence before the entry into force of that legislation)
Date: 2017-04-26
Institutions: Court of Justice
Subjects: European driving licence, driving instruction, national implementing measure, two-wheeled vehicle








C_2017195EN.01000401.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/4





Judgment of the Court (Fourth Chamber) of 26 April 2017 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Costin Popescu v Guvernul României and Others
(Case C-632/15) (1)

((Reference for a preliminary ruling - Transport - Road transport - Driving licences - Directive 2006/126/EC - Article 13(2) - Concept of ‘entitlement to drive granted before 19 January 2013’ - National legislation transposing the directive - Obligation to obtain a driving licence imposed on persons who were allowed to ride a moped without a licence before the entry into force of that legislation))
(2017/C 195/04)
Language of the case: Romanian

Referring court

Înalta Curte de Casaţie şi Justiţie

Parties to the main proceedings


Applicant: Costin Popescu

Defendants: Guvernul României, Ministerul Afacerilor Interne, Direcția Regim Permise de Conducere si Înmatriculare a Vehiculelor, Direcția Rutieră, Serviciul Public Comunitar Regim Permise de Conducere și Înmatriculare a Vehiculelor

Operative part of the judgment

The provisions of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences, in particular Article 13(2), must be interpreted as not precluding national legislation, adopted in order to transpose that directive into national law, which terminates the authorisation to ride mopeds without holding a driving licence, the issue of which is subject to passing tests or examinations similar to those required for driving other motor vehicles.


(1)  OJ C 68, 22.2.2016.
Special Report No 6/2017 — ‘EU response to the refugee crisis: the “hotspot” approach’
Date: 2017-04-26
Institutions: European Court of Auditors
Subjects: EU migration policy, Greece, Italy, biometrics, border control, database, external border of the EU, illegal migration, right of asylum








C_2017132EN.01000701.xml










26.4.2017   


EN


Official Journal of the European Union


C 132/7





Special Report No 6/2017
‘EU response to the refugee crisis: the “hotspot” approach’
(2017/C 132/03)
The European Court of Auditors hereby informs you that Special Report No 6/2017 ‘EU response to the refugee crisis: the “hotspot” approach’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Case T-244/17: Action brought on 26 April 2017 — António Conde & Companhia v Commission
Date: 2017-04-26
Institutions: General Court
Subjects: North-West Atlantic Fisheries Organisation, Portugal, catalogue, conservation of fish stocks, fishing area, fishing controls, fishing permit, fishing vessel, sea fishing, ship's flag








C_2017231EN.01002901.xml










17.7.2017   


EN


Official Journal of the European Union


C 231/29





Action brought on 26 April 2017 — António Conde & Companhia v Commission
(Case T-244/17)
(2017/C 231/36)
Language of the case: English

Parties


Applicant: António Conde & Companhia, SA (Gafanha de Nazaré, Portugal) (represented by: J. García-Gallardo Gil-Fournier, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Declare that the European Commission has failed to act in application of Article 14(1) of Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ 2007 L 318, p. 1) by requesting Portugal to submit to it a list of Portuguese-flagged vessels authorised to fish in the NAFO Regulatory Area for the season 2017 which excludes the fishing vessel CALVÃO, with the consequence that it has failed to forward a list including that vessel to the NAFO Secretariat;










—


Order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that the Commission breached Article 14(1) of Council Regulation (EC) No 1386/2007 by unlawfully failing to forward a list of vessels including the applicant’s fishing vessel CALVÃO for the purposes of authorisation to fish in the NAFO Regulatory Area for the season 2017.
The applicant maintains that the Commission lacks powers to participate in the drafting of the lists of authorised vessels which remains an exclusive competence of the Member States. The applicant has requested the Commission to desist from interfering in the drafting of the list concerned and has called upon it to fulfil its obligations regarding the forwarding of the list including its fishing vessel CALVÃO to the NAFO Secretariat.
Call for proposals under the multiannual work programme for granting financial aid in the field of the trans-European energy infrastructure under the Connecting Europe Facility for period 2014-2020 (Commission Decision (C(2017) 2109))
Date: 2017-04-26
Institutions: European Commission
Subjects: EU programme, economic support, energy grid, financial aid, invitation to tender, trans-European network, transport infrastructure, transport network








C_2017132EN.01000801.xml










26.4.2017   


EN


Official Journal of the European Union


C 132/8





Call for proposals under the multiannual work programme for granting financial aid in the field of the trans-European energy infrastructure under the Connecting Europe Facility for period 2014-2020
(Commission Decision (C(2017) 2109))
(2017/C 132/04)
The European Commission, Directorate-General for Energy, is hereby launching a call for proposals in order to award grants in accordance with the priorities and objectives defined in the multiannual work programme in the field of the trans-European energy infrastructure under the Connecting Europe Facility for the period 2014-2020.
Proposals are invited for the following call:






 



CEF-Energy-2017





The indicative amount available for the selected proposals under this call for proposals is EUR 800 million.
The deadline for the submission of proposals is 12 October 2017.
The complete text of the call for proposals is available on the call webpage:
https://ec.europa.eu/inea/en/connecting-europe-facility/cef-energy/calls/2017-cef-energy-call-proposals
Case C-324/16: Order of the President of the Court of 26 April 2017 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n° 1 — Santa Cruz de Tenerife — Spain) — Dragados SA v Cabildo Insular de Tenerife
Date: 2017-04-26
Institutions: Court of Justice
Subjects: EU Member State, debt, financial transaction, interest, payment, public contract








C_2017283EN.01002804.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/28





Order of the President of the Court of 26 April 2017 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo no 1 — Santa Cruz de Tenerife — Spain) — Dragados SA v Cabildo Insular de Tenerife
(Case C-324/16) (1)

(2017/C 283/41)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 305, 22.8.2016.
Case C-527/15: Judgment of the Court (Second Chamber) of 26 April 2017 (request for a preliminary ruling from the Rechtbank Midden-Nederland — Netherlands) — Stichting Brein v Jack Frederik Wullems, also trading under the name Filmspeler (Reference for a preliminary ruling — Intellectual and industrial property — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Sale of a multimedia player — Add-ons — Publication of works without the consent of the right holder — Access to streaming websites — Article 5(1) and (5) — Right of reproduction — Exceptions and limitations — Lawful use)
Date: 2017-04-26
Institutions: Court of Justice
Subjects: Internet site, audiovisual equipment, audiovisual piracy, broadcasting, computer piracy, copyright, multimedia, sale








C_2017195EN.01000201.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/2





Judgment of the Court (Second Chamber) of 26 April 2017 (request for a preliminary ruling from the Rechtbank Midden-Nederland — Netherlands) — Stichting Brein v Jack Frederik Wullems, also trading under the name Filmspeler
(Case C-527/15) (1)

((Reference for a preliminary ruling - Intellectual and industrial property - Directive 2001/29/EC - Harmonisation of certain aspects of copyright and related rights - Article 3(1) - Communication to the public - Definition - Sale of a multimedia player - Add-ons - Publication of works without the consent of the right holder - Access to streaming websites - Article 5(1) and (5) - Right of reproduction - Exceptions and limitations - Lawful use))
(2017/C 195/02)
Language of the case: Dutch

Referring court

Rechtbank Midden-Nederland

Parties to the main proceedings


Applicant: Stichting Brein

Defendant: Jack Frederik Wullems, also trading under the name Filmspeler

Operative part of the judgment







1.


The concept of ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, must be interpreted as covering the sale of a multimedia player, such as that at issue in the main proceedings, on which there are pre-installed add-ons, available on the internet, containing hyperlinks to websites — that are freely accessible to the public — on which copyright-protected works have been made available to the public without the consent of the right holders.










2.


Article 5(1) and (5) of Directive 2001/29 must be interpreted as meaning that acts of temporary reproduction, on a multimedia player, such as that at issue in the main proceedings, of a copyright-protected work obtained by streaming from a website belonging to a third party offering that work without the consent of the copyright holder does not satisfy the conditions set out in those provisions.






(1)  OJ C 27, 25.1.2016.
Case C-51/16: Judgment of the Court (Eighth Chamber) of 26 April 2017 (request for a preliminary ruling from the Rechtbank Noord-Holland — Netherlands) — Stryker EMEA Supply Chain Services BV v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond (Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Implant screws intended to be inserted in the human body for the treatment of fractures or the stabilisation of prostheses — Combined Nomenclature — Heading 9021 — Implementing Regulation (EU) No 1212/2014 — Validity)
Date: 2017-04-26
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, medical device, specification of tariff heading








C_2017195EN.01000402.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/4





Judgment of the Court (Eighth Chamber) of 26 April 2017 (request for a preliminary ruling from the Rechtbank Noord-Holland — Netherlands) — Stryker EMEA Supply Chain Services BV v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
(Case C-51/16) (1)

((Reference for a preliminary ruling - Common Customs Tariff - Tariff headings - Classification of goods - Implant screws intended to be inserted in the human body for the treatment of fractures or the stabilisation of prostheses - Combined Nomenclature - Heading 9021 - Implementing Regulation (EU) No 1212/2014 - Validity))
(2017/C 195/05)
Language of the case: Dutch

Referring court

Rechtbank Noord-Holland

Parties to the main proceedings


Applicant: Stryker EMEA Supply Chain Services BV

Defendant: Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond

Operative part of the judgment

Heading 9021 of the Combined Nomenclature of the Common Customs Tariff in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014, must be interpreted as meaning that medical implant screws such as those at issue in the main proceedings fall under that heading as those goods have characteristics which distinguish them from ordinary goods by the finish of their manufacture and their high degree of precision, as well as by their method of manufacture and the specificity of their purpose. In particular, the fact that medical implant screws such as those at issue in the main proceedings can be inserted in the body only by means of specific medical tools, not by means of ordinary tools, is a characteristic to be taken into consideration in order to distinguish those medical implant screws from ordinary products.


(1)  OJ C 136, 18.4.2016.