do-me/EUR-LEX huggingface dataset:
Case T-541/15: Judgment of the General Court of 20 June 2017 — Industrie Aeronautiche Reggiane v EUIPO (NSU) (EU trade mark — Opposition proceedings — Application for EU word mark NSU — Prior national word mark NSU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009)
Date: 2017-06-20
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law, two-wheeled vehicle








C_2017256EN.01001902.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/19





Judgment of the General Court of 20 June 2017 — Industrie Aeronautiche Reggiane v EUIPO (NSU)
(Case T-541/15) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark NSU - Prior national word mark NSU - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009))
(2017/C 256/19)
Language of the case: English

Parties


Applicant: Industrie Aeronautiche Reggiane Srl (Reggio Emilia, Italy) (represented by: M. Gurrado, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Audi AG (Ingolstadt, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 July 2015 (Case R 2132/2014-2) concerning opposition proceedings between Audi and Industrie Aeronautiche Reggiane.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Industrie Aeronautiche Reggiane to pay the costs.






(1)  OJ C 381, 16.11.2015.
Commission Implementing Regulation (EU) 2017/1097 of 20 June 2017 determining the quantities to be added to the quantity fixed for the subperiod from 1 October to 31 December 2017 under the tariff quotas opened by Regulation (EC) No 539/2007 in the egg sector and for egg albumin
Date: 2017-06-20
Institutions: European Commission
Subjects: common organisation of markets, egg, import (EU), import licence, protein products, tariff quota








L_2017158EN.01003401.xml










21.6.2017   


EN


Official Journal of the European Union


L 158/34








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1097
of 20 June 2017
         
determining the quantities to be added to the quantity fixed for the subperiod from 1 October to 31 December 2017 under the tariff quotas opened by Regulation (EC) No 539/2007 in the egg sector and for egg albumin


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,

Whereas:







(1)


Commission Regulation (EC) No 539/2007 (2) opened annual tariff quotas for imports of egg products and egg albumin.












(2)


The quantities covered by the applications for import licences lodged from 1 to 7 June 2017 for the subperiod from 1 July to 30 September 2017 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.












(3)


In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 539/2007, to be added to the subperiod from 1 October to 31 December 2017, are set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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, 20 June 2017.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (OJ L 128, 16.5.2007, p. 19).




ANNEX






Order No


Quantities not applied for, to be added to the quantities available for the subperiod from 1 October to 31 December 2017
(in kg, shell egg equivalent)




09.4015


27 000 000 




09.4401


278 421 




09.4402


2 945 000
Notice concerning the Commission Implementing Regulation (EU) 2016/1328 imposing a definitive anti-dumping duty on imports of certain cold rolled flat steel products originating in the People’s Republic of China and the Russian Federation: name change of one company subject to an individual anti-dumping duty rate
Date: 2017-06-20
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, Russia, anti-dumping duty, business name, import (EU), originating product, plate, steel








C_2017196EN.01001001.xml










20.6.2017   


EN


Official Journal of the European Union


C 196/10





Notice concerning the Commission Implementing Regulation (EU) 2016/1328 imposing a definitive anti-dumping duty on imports of certain cold rolled flat steel products originating in the People’s Republic of China and the Russian Federation: name change of one company subject to an individual anti-dumping duty rate
(2017/C 196/07)
Hebei Iron and Steel Co., Ltd — Shijiazhuang TARIC (1) additional code C103 a company subject to an individual anti-dumping duty rate of 20,5 % informed the Commission that it had changed its name into Hesteel Co., Ltd Tangshan Branch — Tangshan.
The company asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual duty rate applied to the company under its previous name.
The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of the Commission Implementing Regulation (EU) 2016/1328 (2).
Therefore, the reference in the Annex to the Implementing Regulation (EU) 2016/1328 to:






Hebei Iron and Steel Co., Ltd, Shijiazhuang


C103 




should be read as:






Hesteel Co., Ltd Tangshan Branch, Tangshan


C103 




The TARIC additional code C103 previously attributed to Hebei Iron and Steel Co., Ltd, Shijiazhuang shall apply to Hesteel Co., Ltd Tangshan Branch, Tangshan.


(1)  The integrated Tariff of the European Union.

(2)  OJ L 210, 4.8.2016, p. 1.
Corrigendum to Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ L 11, 17.1.2015)
Date: 2017-06-20
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: cessation of trading, company in difficulties, credit institution, financial instrument, financial legislation, financing plan, investment company








L_2017156EN.01003801.xml










20.6.2017   


EN


Official Journal of the European Union


L 156/38







Corrigendum to Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements

(
Official Journal of the European Union L 11 of 17 January 2015
)


On page 51, in Article 3(27):
for:


                  ‘
                  ‘promotional bank’ means any undertaking or entity set up by a Member State, central or regional government, which grants promotional loans on a non-competitive, not for profit basis in order to promote that government's public policy objectives, provided that that government has an obligation to protect the economic basis of the undertaking or entity and maintain its viability throughout its lifetime, or that at least 90 % of its original funding or the promotional loan it grants is directly or indirectly guaranteed by the Member State's central or regional government;’,

read:


                  ‘
                  ‘promotional bank’ means any undertaking or entity set up by a central or regional government of a Member State, which grants promotional loans on a non-competitive, not for profit basis in order to promote that government's public policy objectives, provided that that government has an obligation to protect the economic basis of the undertaking or entity and maintain its viability throughout its lifetime, or that at least 90 % of its original funding or of the promotional loan it grants is directly or indirectly guaranteed by that government;’.
Case T-346/16: Order of the General Court of 20 June 2017 — CSL Behring v EUIPO — Vivatrex (Vivatrex) (EU trade mark — Opposition proceedings — Application for the EU figurative mark Vivatrex — Revocation of the earlier EU trade mark — No need to adjudicate)
Date: 2017-06-20
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2017269EN.01002101.xml










14.8.2017   


EN


Official Journal of the European Union


C 269/21





Order of the General Court of 20 June 2017 — CSL Behring v EUIPO — Vivatrex (Vivatrex)
(Case T-346/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark Vivatrex - Revocation of the earlier EU trade mark - No need to adjudicate))
(2017/C 269/30)
Language of the case: English

Parties


Applicant: CSL Behring AG (Berne, Switzerland) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vivatrex GmbH (Aachen, Germany) (represented by: F. Stangl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 April 2016 (Joined Cases R 1263/2015-4 and R 1221/2015-4), relating to opposition proceedings between CSL Behring and Vivatrex.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Each party is to bear its own costs.






(1)  OJ C 305, 22.8.2016.
Case T-379/17: Action brought on 20 June 2017 — Tengelmann Warenhandelsgesellschaft v EUIPO — C & C IP (T)
Date: 2017-06-20
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, catering industry, registered trade mark, trade-mark law








C_2017256EN.01003902.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/39





Action brought on 20 June 2017 — Tengelmann Warenhandelsgesellschaft v EUIPO — C & C IP (T)
(Case T-379/17)
(2017/C 256/45)
Language in which the application was lodged: English

Parties


Applicant: Tengelmann Warenhandelsgesellschaft KG (Mülheim an den Ruhr, Germany) (represented by: H. Prange and S. Köber lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: C & C IP Sàrl (Luxembourg, Luxembourg)

Details of the proceedings before EUIPO


Applicant: Applicant

Trade mark at issue: EU figurative mark containing the word element ‘T’ — Application for registration No 011 623 097

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 March 2017 in Case R 415/2015-5

Form of order sought

The applicant claims that the Court should:






—


set aside the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (Trade Marks and designs) (‘EUIPO’) of 23 March 2017 in the appeal No R 415/2015-5 concerning the opposition proceedings No B 002 256 702 regarding European Union Trade Mark Application No 011 623 097, which was received by the applicant on 12 April 2017, and to amend it to the effect that the opposition is rejected in its entirety;










—


order the defendant and, as the case may be, the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including the costs of the appeal proceedings.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Corrigendum to Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 338, 13.12.2016)
Date: 2017-06-20
Institutions: Council of the European Union, European Parliament
Subjects: cruel and degrading treatment, death penalty, export licence, human rights, import licence, international trade, third country, torture, trade regulations








L_2017157EN.01002201.xml










20.6.2017   


EN


Official Journal of the European Union


L 157/22







Corrigendum to Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
(
Official Journal of the European Union L 338 of 13 December 2016
)

On page 31, Annex IV, new Annex VII, form, box ‘3 Authorisation No’ in the line ‘Based on Article’:
for:


                  ‘7d’,

read:


                  ‘7e’.
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: 2017-06-20
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_2017196EN.01000301.xml










20.6.2017   


EN


Official Journal of the European Union


C 196/3





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 196/03)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised uses


Date of expiry of review period


Reasons for the decision




C(2017) 3910


13 June 2017


Potassium dichromate
EC No 231-906-6,
CAS No 7778-50-9







Sofradir




Avenue de la Vauve,




91120 Palaiseau, France






REACH/17/14/0


Industrial use of potassium dichromate-based mixtures during the steps of initial and final etching of CZT layers during the production of opto-electronic components gathering a readout and an infrared detecting circuit with the MCT technology.


21 September 2024


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic 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 technical and economic feasibility.




REACH/17/14/1


Industrial use of potassium dichromate-based mixtures during the etching of both InSb substrate sides during the production of opto-electronic components gathering a readout and an infrared detecting circuit with the InSb technology.


21 September 2021






(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
Case T-387/17: Action brought on 20 June 2017 — Triggerball v EUIPO (Shape of a ball-like object with edges)
Date: 2017-06-20
Institutions: General Court
Subjects: EU trade mark, medical device, paramedical profession, registered trade mark, trade-mark law








C_2017256EN.01004002.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/40





Action brought on 20 June 2017 — Triggerball v EUIPO (Shape of a ball-like object with edges)
(Case T-387/17)
(2017/C 256/47)
Language of the case: German

Parties


Applicant: Triggerball GmbH (Baiern-Piusheim, Germany) (represented by: H. Emrich, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the procedure before EUIPO


Mark at issue: Three-dimensional EU mark (Shape of a ball-like object with edges) — Application No 15 528 615

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 April 2017 in Case R 376/2017-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation No 207/2009.
Commission Implementing Regulation (EU) 2017/1094 of 20 June 2017 amending for the 269th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations
Date: 2017-06-20
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: economic sanctions, international sanctions, natural person, terrorism, trade restriction








L_2017158EN.01002701.xml










21.6.2017   


EN


Official Journal of the European Union


L 158/27








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1094
of 20 June 2017
         
amending for the 269th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 16 June 2017, the Sanctions Committee of the United Nations Security Council decided to add one natural person to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.












(3)


In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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, 20 June 2017.


For the Commission,


On behalf of the President,


Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
In Annex I to Regulation (EC) No 881/2002, the following entry is added under the heading ‘Natural persons’:


            ‘Fared Saal (alias: (a) Abu Luqmaan Al Almani; (b) Abu Lugmaan. Date of birth: 18.2.1989. Place of birth: Bonn, Germany. Nationality: (a) German; (b) Algerian. National identification No: 5802098444 (German national identity card number, issued in Bonn, Germany on 15.4.2010, expired on 14.4.2016). Other information: Physical description: eye colour: brown; hair colour: black; height: 178 cm; weight: 80 kg. Date of designation referred to in Article 7d(2)(i): 16.6.2017.’
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 20 June 2017 regarding a draft decision relating to Case AT.39740 — Google Search (Shopping) — Rapporteur: Cyprus
Date: 2017-06-20
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: control of restrictive practices, dominant position, electronic commerce, restrictive trade practice, sanction (EU), search engine








C_2018009EN.01000401.xml










12.1.2018   


EN


Official Journal of the European Union


C 9/4





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 20 June 2017 regarding a draft decision relating to Case AT.39740 — Google Search (Shopping)
Rapporteur: Cyprus
(2018/C 9/05)






(1)


The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant product markets are the market for general search services and the market for comparison shopping services.










(2)


The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant geographic markets for general search services and comparison shopping services are all national in scope.










(3)


The Advisory Committee agrees with the Commission that Google has held a dominant position in each national market for general search in the EEA since 2008, apart from in the Czech Republic, where Google has held a dominant position since 2011.










(4)


The Advisory Committee agrees with the Commission that the more favourable positioning and display in Google’s general search results pages, of its own comparison shopping service compared to competing comparison shopping services, constitutes an abuse of a dominant position within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.










(5)


The Advisory Committee agrees with the Commission that the infringement started in each of the 13 national markets for general search services from the moment Google launched the Product Universal in that national market, or, if the Product Universal was never launched in that national market, from the moment it launched the Shopping Unit in that market.










(6)


The Advisory Committee does not have any observations or other points that it would ask the Commission to take into account.










(7)


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.