do-me/EUR-LEX huggingface dataset:
Case T-399/17: Action brought on 28 June 2017 — Dalli v Commission
Date: 2017-06-28
Institutions: General Court
Subjects: European Anti-fraud Office, data protection, indemnification, infringement of EU law, judicial inquiry, personal data, proof, right to justice, rights of the defence








C_2017277EN.01004901.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/49





Action brought on 28 June 2017 — Dalli v Commission
(Case T-399/17)
(2017/C 277/71)
Language of the case: English

Parties


Applicant: John Dalli (St. Julians, Malta) (represented by: L. Levi and S. Rodrigues, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


order the compensation of the prejudice, notably the moral prejudice, estimated on a provisional basis at 1 000 000 euros;










—


order to the defendant to bear the entire costs.





Pleas in law and main arguments

In support of the action for indemnification, the applicant relies on two pleas in law with regard to the claimed illegality.








1.


First plea in law, alleging that the OLAF’s conduct was unlawful






—


The OLAF’s unlawful conducts are, notably, the following ones: illegality of the decision to open the investigation; flaws in the characterization of the investigations and illegality of the extension of the scope of the investigation; violation of the principles for gathering evidence (including distortion and falsification of evidence), of the rights of defence and of various EU provisions (as Articles 339 of the Treaty on the Functioning of the European Union, Articles 4, 8 and 11(7) of Regulation (EC) No 1073/1999, Article 4 of Commission Decision No 1999/396, Article 18 of the OLAF instructions, and Article 13(5) of the Supervisory Committee’s Rules) as well as of the violation of the principle of presumption of innocence and of the right to the protection of personal data.
















2.


Second plea in law, alleging the Commission’s conduct was unlawful






—


The Commission’s unlawful conducts are the following ones: violation of the principle of sound and good administration and of the duty to behave in an objective, impartial and loyal manner and in the respect of the principle of independence, as well as the violation of the OLAF independence.
Council Decision (CFSP) 2017/1148 of 28 June 2017 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
Date: 2017-06-28
Institutions: Council of the European Union
Subjects: Russia, Ukraine, economic sanctions, international sanctions, territorial dispute




L_2017166EN.01003501.xml










29.6.2017   


EN


Official Journal of the European Union


L 166/35








            COUNCIL DECISION (CFSP) 2017/1148
of 28 June 2017
         
amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).












(2)


On 19 March 2015, the European Council agreed that the necessary measures would be taken to clearly link the duration of the restrictive measures to the complete implementation of the Minsk agreements, bearing in mind that the complete implementation was foreseen for 31 December 2015.












(3)


On 19 December 2016, the Council renewed Decision 2014/512/CFSP until 31 July 2017 in order to enable it to further assess the implementation of the Minsk agreements.












(4)


Having assessed the implementation of the Minsk agreements, Decision 2014/512/CFSP should be renewed for a further 6 months in order to enable the Council to further assess their implementation.












(5)


Decision 2014/512/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The first subparagraph of Article 9(1) of Decision 2014/512/CFSP is replaced by the following:


‘1.   This Decision shall apply until 31 January 2018.’.




Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 28 June 2017.


For the Council


The President

H. DALLI
            





(1)  Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).
Commission Notice on the date of receipt of the opinion proposing harmonised classification and labelling at EU level of glyphosate of the Committee for Risk Assessment of the European Chemicals Agency
Date: 2017-06-28
Institutions: European Commission
Subjects: European Chemicals Agency, carcinogenic substance, chemical product, committee (EU), health risk, herbicide, market approval, opinion (EU), plant health control








C_2017204EN.01000501.xml










28.6.2017   


EN


Official Journal of the European Union


C 204/5





Commission Notice on the date of receipt of the opinion proposing harmonised classification and labelling at EU level of glyphosate of the Committee for Risk Assessment of the European Chemicals Agency
(2017/C 204/05)
Commission Implementing Regulation (EU) 2016/1056 (1) extended the approval period of the active substance glyphosate to 6 months from the date of receipt of the opinion of the Committee for Risk Assessment of the European Chemicals Agency by the Commission or to 31 December 2017, whichever is earlier.
In Recital 7 of that Regulation, the Commission stated that once it received the opinion of the Committee for Risk Assessment of the European Chemicals Agency, it would communicate the date of the receipt in the Official Journal of the European Union.
The Commission received the Opinion of the Committee for Risk Assessment of the European Chemicals Agency proposing harmonised classification and labelling at EU level of glyphosate on 15 June 2017.


(1)  Commission Implementing Regulation (EU) 2016/1056 of 29 June 2016 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance glyphosate (OJ L 173, 30.6.2016, p. 52).
Notice concerning the anti-dumping measures in force on imports into the Union of ceramic tableware and kitchenware originating in the People’s Republic of China: change of the name of a company subject to the anti-dumping duty rate for cooperating non-sampled companies
Date: 2017-06-28
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, ceramics, household article, import (EU), originating product








C_2017204EN.01000801.xml










28.6.2017   


EN


Official Journal of the European Union


C 204/8





Notice concerning the anti-dumping measures in force on imports into the Union of ceramic tableware and kitchenware originating in the People’s Republic of China: change of the name of a company subject to the anti-dumping duty rate for cooperating non-sampled companies
(2017/C 204/08)
Imports of ceramic tableware and kitchenware (‘tableware’) originating in the People’s Republic of China are subject to a definitive anti-dumping duty, imposed by Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (1) (‘Regulation (EU) No 412/2013’).
One company located in the People’s Republic of China, TARIC (2) additional code B521, whose exports to the Union of tableware are subject to the anti-dumping duty rate for cooperating non-sampled companies of 17,9 % informed the Commission that it had changed its name as set out below.
The company asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the duty rate applied to the company under its previous name.
The Commission examined the information supplied and concluded that the change of name in no way affects the findings of Regulation (EU) No 412/2013.
Therefore, the references in Annex I of Regulation (EU) No 412/2013 to:






Fujian De Hua Jiashun Art&Crafts Co., Ltd


B521 




should be read as:






Fujian Jiashun Art&Crafts Co., Ltd


B521 




The TARIC additional code B521 previously attributed to Fujian De Hua Jiashun Art&Crafts Co., Ltd shall apply to Fujian Jiashun Art&Crafts Co., Ltd


(1)  OJ L 131, 15.5.2013, p. 1.

(2)  The integrated Tariff of the European Union.
Case T-333/15: Judgment of the General Court of 28 June 2017 — Josel v EUIPO — Nationale-Nederlanden Nederland (NN) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark NN — Earlier national word mark NN — Relative ground for refusal — Lack of genuine use of the earlier mark — Articles 15(1)(a) and 42(2) of Regulation (EC) No 207/2009 — Form differing by elements altering the distinctive character)
Date: 2017-06-28
Institutions: General Court
Subjects: EU trade mark, insurance, investment, registered trade mark, trade-mark law








C_2017277EN.01003501.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/35





Judgment of the General Court of 28 June 2017 — Josel v EUIPO — Nationale-Nederlanden Nederland (NN)
(Case T-333/15) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark NN - Earlier national word mark NN - Relative ground for refusal - Lack of genuine use of the earlier mark - Articles 15(1)(a) and 42(2) of Regulation (EC) No 207/2009 - Form differing by elements altering the distinctive character))
(2017/C 277/51)
Language of the case: English

Parties


Applicant: Josel, SL (Barcelona, Spain) (represented: initially by J.L. Rivas Zurdo, and subsequently by J. Güell Serra, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Nationale-Nederlanden Nederland BV (The Hague, Netherlands) (represented: initially by E. Morée and A. Janssen, and subsequently by A. Janssen, R. Sjoerdsma and C. Jehoram, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 April 2015 (Case R 1531/2014-4), relating to opposition proceedings between Josel and Nationale-Nederlanden Nederland.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the applicant to pay the costs.






(1)  OJ C 262, 10.8.2015.