do-me/EUR-LEX huggingface dataset:
Case T-261/17: Action brought on 5 May 2017 — Bayer v EUIPO — UNI — Pharma (SALOSPIR)
Date: 2017-05-05
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2017221EN.01003402.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/34





Action brought on 5 May 2017 — Bayer v EUIPO — UNI — Pharma (SALOSPIR)
(Case T-261/17)
(2017/C 221/48)
Language in which the application was lodged: English

Parties


Applicant: Bayer AG (Leverkusen, Germany) (represented by: V. von Bomhard, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: UNI — Pharma Kleon Tsetis Pharmaceutical Laboratories Industrial and Commercial SA (Kifisia, Greece)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word element ‘SALOSPIR’ — Application for registration No 12 351 458

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 17 February 2017 in Case R 2444/2015-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and Uni-Pharma, if the latter makes use of its right to join the proceedings as an intervener, to pay the costs.





Plea in law







—


Infringement of Articles 8(1)(b), 8(4) and 8(5) of Regulation No 207/2009.
Decision of the EEA Joint Committee No 103/2017 of 5 May 2017 amending Protocol 47 (on the abolition of technical barriers to trade in wine) to the EEA Agreement [2019/215]
Date: 2017-05-05
Institutions: EEA Joint Committee
Subjects: European Economic Area, Germany, Hungary, alcohol, derogation from EU law, protocol to an agreement, revision of an agreement, vinification, viticulture, wine




L_2019036EN.01006501.xml










7.2.2019   


EN


Official Journal of the European Union


L 36/65








            DECISION OF THE EEA JOINT COMMITTEE
         
No 103/2017
of 5 May 2017
         
amending Protocol 47 (on the abolition of technical barriers to trade in wine) to the EEA Agreement [2019/215]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2147 of 7 December 2016 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2016 in certain wine-growing regions of Germany and in all wine-growing regions of Hungary (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding wine. Legislation regarding wine shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the seventh paragraph of the introduction to Protocol 47 to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Protocol 47 to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 14 (Commission Implementing Regulation (EU) No 1271/2014) of Appendix I to Protocol 47 to the EEA Agreement:







‘15.



32016 R 2147: Commission Implementing Regulation (EU) 2016/2147 of 7 December 2016 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2016 in certain wine-growing regions of Germany and in all wine-growing regions of Hungary (OJ L 333, 8.12.2016, p. 30).’







Article 2
The text of Implementing Regulation (EU) 2016/2147 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 May 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 333, 8.12.2016, p. 30.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 74/2017 of 5 May 2017 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/186]
Date: 2017-05-05
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal feedingstuffs, food additive, market approval, revision of an agreement




L_2019036EN.01001101.xml










7.2.2019   


EN


Official Journal of the European Union


L 36/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 74/2017
of 5 May 2017
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/186]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2023 of 18 November 2016 concerning the authorisation of sodium benzoate, potassium sorbate, formic acid and sodium formate as feed additives for all animal species (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding feedingstuffs. Legislation regarding feedingstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 177 (Commission Implementing Regulation (EU) 2016/1964) of Chapter II of Annex I to the EEA Agreement:







‘178.



32016 R 2023: Commission Implementing Regulation (EU) 2016/2023 of 18 November 2016 concerning the authorisation of sodium benzoate, potassium sorbate, formic acid and sodium formate as feed additives for all animal species (OJ L 313, 19.11.2016, p. 14).’







Article 2
The text of Implementing Regulation (EU) 2016/2023 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 May 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 313, 19.11.2016, p. 14.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 100/2017 of 5 May 2017 amending Annex XXI (Statistics) to the EEA Agreement [2019/212]
Date: 2017-05-05
Institutions: EEA Joint Committee
Subjects: EU customs procedure, EU statistics, European Economic Area, customs, customs cooperation, exchange of information, foreign trade, national statistics, revision of an agreement, trade statistics




L_2019036EN.01006101.xml










7.2.2019   


EN


Official Journal of the European Union


L 36/61








            DECISION OF THE EEA JOINT COMMITTEE
         
No 100/2017
of 5 May 2017
         
amending Annex XXI (Statistics) to the EEA Agreement [2019/212]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/1253 of 29 July 2016 amending Regulation (EU) No 92/2010 as regards the data exchange between customs authorities and national statistical authorities and the compilation of statistics (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 8aa (Commission Regulation (EU) No 92/2010) of Annex XXI to the EEA Agreement:

                  ‘, as amended by:






—



32016 R 1253: Commission Implementing Regulation (EU) 2016/1253 of 29 July 2016 (OJ L 205, 30.7.2016, p. 12).’
                     






Article 2
The text of Implementing Regulation (EU) 2016/1253 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 May 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 205, 30.7.2016, p. 12.

(*1)  No constitutional requirements indicated.
Commission Regulation (EU) 2017/792 of 5 May 2017 establishing a temporary prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union
Date: 2017-05-05
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU Member State, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2017120EN.01000301.xml










11.5.2017   


EN


Official Journal of the European Union


L 120/3








            COMMISSION REGULATION (EU) 2017/792
of 5 May 2017
         
establishing a temporary prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union


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 Community 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 European Union have exhausted the mid-term quota allocated for the period before 1 July 2017.












(3)


It is therefore necessary to prohibit directed fishing activities for that stock until 30 June 2017,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member States referred to in the Annex to this Regulation for the stock referred to therein for the period from 1 January 2017 until 30 June 2017 included shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Directed fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member States referred to therein shall be prohibited from the date set out in that Annex until 30 June 2017 included.


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, 5 May 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


07/TQ127




Member State


European Union (All Member States)




Stock


RED/N3M.




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Closing period


27.2.2017-30.6.2017
Decision of the EEA Joint Committee No 82/2017 of 5 May 2017 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/194]
Date: 2017-05-05
Institutions: EEA Joint Committee
Subjects: European Economic Area, confectionery, consumer protection, food additive, food safety, food substitute, foodstuff, market approval, public health, revision of an agreement




L_2019036EN.01002601.xml










7.2.2019   


EN


Official Journal of the European Union


L 36/26








            DECISION OF THE EEA JOINT COMMITTEE
         
No 82/2017
of 5 May 2017
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/194]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2016/1776 of 6 October 2016 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of sucralose (E 955) as a flavour enhancer in chewing gum with added sugars or polyols (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 54zzzzr (Regulation (EC) No 1333/2008 of the European Parliament and of the Council) of Chapter XII of Annex II to the EEA Agreement:






‘—



32016 R 1776: Commission Regulation (EU) 2016/1776 of 6 October 2016 (OJ L 272, 7.10.2016, p. 2).’






Article 2
The text of Regulation (EU) 2016/1776 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 May 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 272, 7.10.2016, p. 2.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 99/2017 of 5 May 2017 amending Annex XXI (Statistics) to the EEA Agreement [2019/211]
Date: 2017-05-05
Institutions: EEA Joint Committee
Subjects: EU statistics, European Commission, European Economic Area, foreign trade, powers of the institutions (EU), revision of an agreement, third country, trade statistics, transfer of competence




L_2019036EN.01006001.xml










7.2.2019   


EN


Official Journal of the European Union


L 36/60








            DECISION OF THE EEA JOINT COMMITTEE
         
No 99/2017
of 5 May 2017
         
amending Annex XXI (Statistics) to the EEA Agreement [2019/211]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Regulation (EU) 2016/1724 of the European Parliament and of the Council of 14 September 2016 amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 8 (Regulation (EC) No 471/2009 of the European Parliament and of the Council) of Annex XXI to the EEA Agreement:

                  ‘, as amended by:






—



32016 R 1724: Regulation (EU) 2016/1724 of the European Parliament and of the Council of 14 September 2016 (OJ L 266, 30.9.2016, p. 1).’
                     






Article 2
The text of Regulation (EU) 2016/1724 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 May 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 266, 30.9.2016, p. 1.

(*1)  No constitutional requirements indicated.
Case T-262/16: Judgment of the General Court of 5 May 2017 — Globo Media v EUIPO — Globo Comunicação e Participações (GLOBO MEDIA) (EU trade mark — Opposition proceedings — Application for EU word mark GLOBO MEDIA — Earlier national figurative mark TV GLOBO PORTUGAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2017-05-05
Institutions: General Court
Subjects: EU trade mark, advertising, broadcasting, programmes industry, registered trade mark, trade-mark law








C_2017202EN.01001702.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/17





Judgment of the General Court of 5 May 2017 — Globo Media v EUIPO — Globo Comunicação e Participações (GLOBO MEDIA)
(Case T-262/16) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark GLOBO MEDIA - Earlier national figurative mark TV GLOBO PORTUGAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2017/C 202/30)
Language of the case: English

Parties


Applicant: Globo Media, SA (Madrid, Spain) (represented by: L. Estropá Navarro and J. Calderón Chavero, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and B. Uriarte Valiente, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Globo Comunicação e Participações S/A (Rio de Janeiro, Brazil)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 March 2016 (Case R 0561/2014-4), relating to opposition proceedings between Globo Comunicação e Participações and Globo Media.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Globo Media, SA to pay the costs.






(1)  OJ C 260, 18.7.2016.
Case T-272/17: Action brought on 5 May 2017 — Webgarden v EUIPO (Dating Bracelet)
Date: 2017-05-05
Institutions: General Court
Subjects: EU trade mark, Internet site, consultancy, data processing, electronic device, human relations, provision of services, registered trade mark, software, trade-mark law








C_2017231EN.01003501.xml










17.7.2017   


EN


Official Journal of the European Union


C 231/35





Action brought on 5 May 2017 — Webgarden v EUIPO (Dating Bracelet)
(Case T-272/17)
(2017/C 231/43)
Language of the case: Hungarian

Parties


Applicant: Webgarden Szolgáltató és Kereskedelmi Kft. (Budapest, Hungary) (represented by: G. Jambrik, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Design at issue: European Union design ‘Dating Bracelet’ — Application for registration No 14450019

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 March 2017 in Case R 658/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 4 of Regulation No 207/2009.










—


Infringement of Article 7(1)(b) of Regulation No 207/2009.










—


Infringement of Article 7(1)(c) of Regulation No 207/2009.










—


Infringement of Article 20 of the Charter of Fundamental Rights of the European Union.










—


Infringement of Article 21(1) of the Charter of Fundamental Rights of the European Union.
Decision of the EEA Joint Committee No 79/2017 of 5 May 2017 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/191]
Date: 2017-05-05
Institutions: EEA Joint Committee
Subjects: Community Plant Variety Office, Community certification, European Economic Area, catalogue, cataloguing, plant life, plant taxonomy, revision of an agreement




L_2019036EN.01002101.xml










7.2.2019   


EN


Official Journal of the European Union


L 36/21








            DECISION OF THE EEA JOINT COMMITTEE
         
No 79/2017
of 5 May 2017
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/191]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Directive (EU) 2016/1914 of 31 October 2016 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding phytosanitary matters. Legislation regarding phytosanitary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in points 14 (Commission Directive 2003/90/EC) and 15 (Commission Directive 2003/91/EC) in Part 1 of Chapter III of Annex I to the EEA Agreement:






‘—



32016 L 1914: Commission Implementing Directive (EU) 2016/1914 of 31 October 2016 (OJ L 296, 1.11.2016, p. 7).’






Article 2
The text of Implementing Directive (EU) 2016/1914 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 6 May 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 5 May 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 296, 1.11.2016, p. 7.

(*1)  No constitutional requirements indicated.