do-me/EUR-LEX huggingface dataset:
Case C-86/17 P: Order of the Court (Eighth Chamber) of 7 June 2017 — Redpur GmbH v European Union Intellectual Property Office (EUIPO), Redwell Manufaktur GmbH (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark Redpur — Rejection of the application for registration)
Date: 2017-06-07
Institutions: Court of Justice
Subjects: EU trade mark, heating, registered trade mark, trade-mark law








C_2017283EN.01001202.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/12





Order of the Court (Eighth Chamber) of 7 June 2017 — Redpur GmbH v European Union Intellectual Property Office (EUIPO), Redwell Manufaktur GmbH
(Case C-86/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Opposition proceedings - Application for registration of the word mark Redpur - Rejection of the application for registration))
(2017/C 283/17)
Language of the case: German

Parties


Appellant: Redpur GmbH (represented by: S. Schiller, Agent)

Other parties to the proceedings: European Union Intellectual Property Office, Redwell Manufaktur GmbH

Operative part of the order







1.


The appeal is dismissed.










2.


Redpur GmbH is to bear its own costs.






(1)  OJ C 213, 3.7.2017.
Euro exchange rates
Date: 2017-06-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2017179EN.01000401.xml










7.6.2017   


EN


Official Journal of the European Union


C 179/4





Euro exchange rates (1)

6 June 2017
(2017/C 179/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1258 




JPY


Japanese yen


123,12 




DKK


Danish krone


7,4384 




GBP


Pound sterling


0,87230 




SEK


Swedish krona


9,7503 




CHF


Swiss franc


1,0851 




ISK


Iceland króna


 




NOK


Norwegian krone


9,5158 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,336 




HUF


Hungarian forint


307,66 




PLN


Polish zloty


4,1992 




RON


Romanian leu


4,5660 




TRY


Turkish lira


3,9736 




AUD


Australian dollar


1,5040 




CAD


Canadian dollar


1,5170 




HKD


Hong Kong dollar


8,7751 




NZD


New Zealand dollar


1,5694 




SGD


Singapore dollar


1,5553 




KRW


South Korean won


1 261,08 




ZAR


South African rand


14,4651 




CNY


Chinese yuan renminbi


7,6491 




HRK


Croatian kuna


7,4065 




IDR


Indonesian rupiah


14 967,28 




MYR


Malaysian ringgit


4,8032 




PHP


Philippine peso


55,745 




RUB


Russian rouble


63,8407 




THB


Thai baht


38,221 




BRL


Brazilian real


3,7117 




MXN


Mexican peso


20,6935 




INR


Indian rupee


72,5835 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.8477 — LGP/OMERS/OPE Caliber Holdings) (Text with EEA relevance. )
Date: 2017-06-07
Institutions: European Commission
Subjects: economic concentration, maintenance, merger control, motor vehicle industry








C_2017179EN.01000201.xml










7.6.2017   


EN


Official Journal of the European Union


C 179/2





Non-opposition to a notified concentration
(Case M.8477 — LGP/OMERS/OPE Caliber Holdings)
(Text with EEA relevance)
(2017/C 179/03)
On 1 June 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8477. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-258/16: Judgment of the General Court of 7 June 2017 — Mediterranean Premium Spirits v EUIPO — G-Star Raw (GINRAW) (EU trade mark — Opposition proceedings — Application for the EU word mark GINRAW — Earlier EU word marks RAW — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court — Obligation to state reasons)
Date: 2017-06-07
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, ceramics, household article, registered trade mark, trade-mark law








C_2017249EN.01002601.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/26






Judgment of the General Court of 7 June 2017 — Mediterranean Premium Spirits v EUIPO — G-Star Raw (GINRAW)
(Case T-258/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark GINRAW - Earlier EU word marks RAW - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Evidence submitted for the first time before the General Court - Obligation to state reasons))
(2017/C 249/39)
Language of the case: English

Parties


Applicant: Mediterranean Premium Spirits, SL (Barcelona, Spain) (represented by: J.A. Mora Granell and J. Romaní Lluch, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and K. Sidat Humphreys, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: G-Star Raw CV (Amsterdam, Netherlands) (represented by: L. Dijkman and J. van Manen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 March 2016 (Case R 1583/2015-4), relating to opposition proceedings between G-Star Raw and Mediterranean Premium Spirits.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mediterranean Premium Spirits, SL to bear its own costs and to pay those incurred by EUIPO and G-Star Raw CV.






(1)  
            OJ C 251, 11.7.2016.
Case C-337/17: Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie (Poland) lodged on 7 June 2017 — Feniks Sp. z o.o. v Azteca Products & Services SL
Date: 2017-06-07
Institutions: Court of Justice
Subjects: civil proceedings, claim, judicial cooperation in civil matters in the EU, jurisdiction, real property, sale








C_2017300EN.01001401.xml










11.9.2017   


EN


Official Journal of the European Union


C 300/14





Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie (Poland) lodged on 7 June 2017 — Feniks Sp. z o.o. v Azteca Products & Services SL
(Case C-337/17)
(2017/C 300/17)
Language of the case: Polish

Referring court

Sąd Okręgowy w Szczecinie

Parties to the main proceedings


Applicant: Feniks Sp. z o.o., established in Szczecin

Defendant: Azteca Products & Services SL, established in Alcora

Questions referred







1.


Does a case brought against a buyer established in one Member State, seeking a declaration that a contract for the sale of immovable property situated in the territory of another Member State, which was concluded and performed in its entirety in the territory of another Member State, is ineffective on the ground of detriment to the seller’s creditors, constitute a ‘matter relating to a contract’ within the meaning of Article 7(1)(a) of Regulation (EU) No 1215/2012 (1) of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters?










2.


Must the above question be answered applying the principle of acte éclairé with reference to the judgment of the Court of Justice in Handte v Traitements mécano-chimiques des surfaces SA, C-26/91, EU:C:1992:268, despite the fact that it concerned the liability for defects in goods of a manufacturer who could not foresee to whom the goods would subsequently be sold, and thus who would be able to bring claims against him, whereas the present action against a buyer ‘seeking a declaration that a contract for the sale of immovable property is ineffective’ on the ground of detriment to the seller’s creditors, requires, in order to be effective, knowledge on the part of the buyer that the legal act (contract of sale) was done with detriment to creditors, and thus the buyer must anticipate that such an action may be brought by a personal creditor of the seller?






(1)  OJ 2012 L 351, p. 1.
Judgment of the Court of 7 June 2017 in Case E-17/16 — EFTA Surveillance Authority v Iceland (Failure by an EFTA State to fulfil its obligations — Failure to implement — Directive 2009/127/EC amending Directive 2006/42/EC with regard to machinery for pesticide application)
Date: 2017-06-07
Institutions: EFTA Court
Subjects: EFTA, Iceland, agricultural machinery, application of EU law, pesticide, safety standard, technical standard








C_2017321EN.01001101.xml










28.9.2017   


EN


Official Journal of the European Union


C 321/11





JUDGMENT OF THE COURT
of 7 June 2017
in Case E-17/16
EFTA Surveillance Authority v Iceland

(Failure by an EFTA State to fulfil its obligations — Failure to implement — Directive 2009/127/EC amending Directive 2006/42/EC with regard to machinery for pesticide application)

(2017/C 321/09)
In Case E-17/16, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that Iceland has failed to fulfil its obligations under the Act referred to at point 1c of Chapter XXIV of Annex II to the Agreement on the European Economic Area (Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application) as adapted by way of Protocol 1 thereto and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event, by failing to inform the EFTA Surveillance Authority thereof, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Benedikt Bogason (ad hoc), Judges, gave judgment on 7 June 2017, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under the Act referred to at point 1c of Chapter XXIV of Annex II to the Agreement on the European Economic Area (Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application) as adapted by way of Protocol 1 thereto and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed.










2.


Orders Iceland to bear the costs of the proceedings.
Non-opposition to a notified concentration (Case M.8471 — BC Partners/PSC/Shawbrook) (Text with EEA relevance. )
Date: 2017-06-07
Institutions: European Commission
Subjects: banking, economic concentration, investment company, merger control








C_2017179EN.01000102.xml










7.6.2017   


EN


Official Journal of the European Union


C 179/1





Non-opposition to a notified concentration
(Case M.8471 — BC Partners/PSC/Shawbrook)
(Text with EEA relevance)
(2017/C 179/02)
On 1 June 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8471. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Judgment of the Court of 7 June 2017 in Case E-18/16 — EFTA Surveillance Authority v Iceland (Failure by an EFTA State to fulfil its obligations — Failure to implement — Regulation (EU) No 98/2013 on the marketing and use of explosives precursors)
Date: 2017-06-07
Institutions: EFTA Court
Subjects: Iceland, application of EU law, chemical product, civil defence, dangerous substance, explosive, market approval








C_2017321EN.01001102.xml










28.9.2017   


EN


Official Journal of the European Union


C 321/11





JUDGMENT OF THE COURT
of 7 June 2017
in Case E-18/16
EFTA Surveillance Authority v Iceland

(Failure by an EFTA State to fulfil its obligations — Failure to implement — Regulation (EU) No 98/2013 on the marketing and use of explosives precursors)

(2017/C 321/10)
In Case E-18/16, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that Iceland has failed to adopt the measures necessary to make the Act referred to at point 12zzq of Chapter XV of Annex II to the Agreement on the European Economic Area (Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors), as adapted to the Agreement by way of Protocol 1 thereto, part of its internal legal order as required by Article 7 of the Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Benedikt Bogason (ad hoc), Judges, gave judgment on 7 June 2017, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to adopt the measures necessary to make the Act referred to at point 12zzq of Chapter XV of Annex II to the Agreement on the European Economic Area (Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors), as adapted to the Agreement by way of Protocol 1 thereto, part of its internal legal order as required by Article 7 of the Agreement.










2.


Orders Iceland to bear the costs of the proceedings.
Euro exchange rates
Date: 2017-06-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2017179EN.01000301.xml










7.6.2017   


EN


Official Journal of the European Union


C 179/3





Euro exchange rates (1)

5 June 2017
(2017/C 179/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1249 




JPY


Japanese yen


124,30 




DKK


Danish krone


7,4398 




GBP


Pound sterling


0,87130 




SEK


Swedish krona


9,7448 




CHF


Swiss franc


1,0856 




ISK


Iceland króna


 




NOK


Norwegian krone


9,4890 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,327 




HUF


Hungarian forint


307,22 




PLN


Polish zloty


4,1838 




RON


Romanian leu


4,5698 




TRY


Turkish lira


3,9562 




AUD


Australian dollar


1,5040 




CAD


Canadian dollar


1,5174 




HKD


Hong Kong dollar


8,7651 




NZD


New Zealand dollar


1,5769 




SGD


Singapore dollar


1,5541 




KRW


South Korean won


1 258,29 




ZAR


South African rand


14,3317 




CNY


Chinese yuan renminbi


7,6553 




HRK


Croatian kuna


7,4008 




IDR


Indonesian rupiah


14 945,42 




MYR


Malaysian ringgit


4,7960 




PHP


Philippine peso


55,585 




RUB


Russian rouble


63,7150 




THB


Thai baht


38,280 




BRL


Brazilian real


3,6660 




MXN


Mexican peso


20,6918 




INR


Indian rupee


72,4020 






(1)  Source: reference exchange rate published by the ECB.
Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español S.A. (notified under document C(2017) 4038)
Date: 2017-06-07
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: aid to undertakings, bank, company in difficulties, credit institution, financial control








L_2017178EN.01001501.xml










11.7.2017   


EN


Official Journal of the European Union


L 178/15








            COMMISSION DECISION (EU) 2017/1246
of 7 June 2017
         
endorsing the resolution scheme for Banco Popular Español S.A.


(notified under document C(2017) 4038)


(Only the English text is authentic)


THE EUROPEAN COMMISSION,

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


Having regard to the Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1), and in particular the second subparagraph of Article 18(7) thereof,

Whereas:







(1)


On 7 June 2017 at 05:13 the Single Resolution Board (SRB) transmitted a resolution scheme for Banco Popular Español S.A. to the Commission in accordance with Article 18(7) of Regulation (EU) No 806/2014.












(2)


The SRB, in the resolution scheme, states that all conditions for resolution set out in the first subparagraph of Article 18(1) of Regulation (EU) No 806/2014 are met with respect to Banco Popular Español S.A., and assesses why resolution action is necessary in the public interest.












(3)


The resolution scheme, in accordance with Article 18(6) of Regulation (EU) No 806/2014, places Banco Popular Español S.A. under resolution and determines the application of the sale of business tool to the institution under resolution. The resolution scheme also provides reasons for why all those elements are adequate.












(4)


The Commission agrees with the resolution scheme. In particular, it agrees with the reasons provided by the SRB of why resolution is necessary in the public interest in accordance with Article 5 of Regulation (EU) No 806/2014.












(5)


The resolution scheme as submitted by the SRB should therefore be endorsed,





HAS ADOPTED THIS DECISION:



Article 1
The resolution scheme for Banco Popular Español S.A. is endorsed.


Article 2
This Decision is addressed to the Single Resolution Board.




Done at Brussels, 7 June 2017.


For the Commission

Valdis DOMBROVSKIS
            

Vice-President






(1)  
            OJ L 225, 30.7.2014, p. 1.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance. )
Date: 2017-06-07
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical compound, chemical product, health control, health risk, market approval, marketing standard








C_2017179EN.01000501.xml










7.6.2017   


EN


Official Journal of the European Union


C 179/5





Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006
 (1)
)

(Text with EEA relevance)
(2017/C 179/06)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised use


Date of expiry of review period


Reasons for the decision




C(2017) 3453


29 May 2017


Sodium dichromate
EC No. 234-190-3, CAS No. 7789-12-0 10588-01-9







Arlanxeo Netherlands B.V.




Urmonderbaan 24,




6167 RD Geleen, Netherlands






REACH/17/11/0


Use of sodium dichromate as corrosion inhibitor in ammonia absorption deep cooling systems.


21 September 2029


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health arising from the use of the substance and there are no suitable alternative substances or technologies in terms of their economic feasibility.






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
Prior notification of a concentration (Case M.8449 — Peugeot/Opel) (Text with EEA relevance. )
Date: 2017-06-07
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2017179EN.01000801.xml










7.6.2017   


EN


Official Journal of the European Union


C 179/8





Prior notification of a concentration
(Case M.8449 — Peugeot/Opel)
(Text with EEA relevance)
(2017/C 179/08)






1.


On 30 May 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 Peugeot S.A. (‘PSA’ of France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the European automotive business of General Motors under the brand names Opel/Vauxhall (‘Opel’) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


PSA is active worldwide in manufacturing and supplying passenger cars, light commercial vehicles and automotive components for motor vehicles.










—


Opel manufactures and supplies cars, trucks, crossovers and automobile parts.














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.8449 — Peugeot/Opel, 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’).