do-me/EUR-LEX huggingface dataset:
Case T-429/17: Action brought on 11 July 2017 — Laboratoires Majorelle v EUIPO — Jardin Majorelle (LABORATOIRES MAJORELLE)
Date: 2017-07-11
Institutions: General Court
Subjects: EU trade mark, cosmetic product, dietary product, food supplement, medical device, pharmaceutical product, registered trade mark, trade-mark law








C_2017309EN.01003302.xml










18.9.2017   


EN


Official Journal of the European Union


C 309/33





Action brought on 11 July 2017 — Laboratoires Majorelle v EUIPO — Jardin Majorelle (LABORATOIRES MAJORELLE)
(Case T-429/17)
(2017/C 309/44)
Language in which the application was lodged: French

Parties


Applicant: Laboratoires Majorelle (Paris, France) (represented by: G. Odinot, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Jardin Majorelle (Marrakech, Morocco)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant

Trade mark at issue: European Union word mark ‘LABORATOIRES MAJORELLE’ — Application for registration No 11 371 655

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 May 2017 in Case R 1238/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


grant registration of the Community trade mark ‘LABORATOIRES MAJORELLE’ in respect of:
Class 3: Soaps; Cosmetics; Cosmetics; Washing preparations for personal deodorising purposes or personal hygiene; Cosmetic preparations for skin care; Non-medicated skin care preparations; Skin cleaning preparations; Skin conditioners;
Class 5: Pharmaceutical preparations for skin care; Dietetic substances adapted for medical use; Medicinal herbs; Dietary supplements and nutritional supplements; Dietetic supplements for medical purposes; Health food supplements; Pharmaceutical preparations;
Class 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; Orthopaedic articles; Suture materials; Surgical apparatus and instruments; Medical apparatus and instruments;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Regulation No 207/2009 in the light of the existence of the earlier rights on which the opposition is based, the examination of the evidence of genuine use of the earlier trade marks, and the global assessment of the likelihood of confusion.
Council Decision (CFSP) 2017/1253 of 11 July 2017 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: Niger, Sahel, common security and defence policy, organised crime, terrorism








L_2017179EN.01001501.xml










12.7.2017   


EN


Official Journal of the European Union


L 179/15








            COUNCIL DECISION (CFSP) 2017/1253
of 11 July 2017
         
amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


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

Whereas:







(1)


On 16 July 2012, the Council adopted Decision 2012/392/CFSP (1) establishing a European Union CSDP mission in Niger (EUCAP Sahel Niger) to support the capacity building of the Nigerien security actors in the fight against terrorism and organised crime.












(2)


On 18 July 2016, the Council adopted Decision (CFSP) 2016/1172 (2), extending the Mission until 15 July 2018 and providing for a financial reference amount until 15 July 2017.












(3)


Decision 2012/392/CFSP should be amended to provide for a financial reference amount for the period from 16 July 2017 to 15 July 2018.












(4)


EUCAP Sahel Niger will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union,





HAS ADOPTED THIS DECISION:



Article 1
In Article 13(1) of Decision 2012/392/CFSP, the following subparagraph is added:

‘The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2017 to 15 July 2018 shall be EUR 31 000 000’.



Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 16 July 2017.




Done at Brussels, 11 July 2017.


For the Council


The President

T. TÕNISTE
            





(1)  Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 187, 17.7.2012, p. 48).

(2)  Council Decision (CFSP) 2016/1172 of 18 July 2016 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 193, 19.7.2016, p. 106).
Council Decision (EU) 2017/1335 of 11 July 2017 appointing an alternate member, proposed by the Kingdom of the Netherlands, of the Committee of the Regions
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of members








L_2017185EN.01004601.xml










18.7.2017   


EN


Official Journal of the European Union


L 185/46








            COUNCIL DECISION (EU) 2017/1335
of 11 July 2017
         
appointing an alternate member, proposed by the Kingdom of the Netherlands, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Government of the Netherlands,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Ingrid VAN ENGELSHOVEN,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Ms S. (Saskia) BRUINES, wethouder van de gemeente 's-Gravenhage.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 11 July 2017.


For the Council


The President

T. TÕNISTE
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Decision to take resolution action in respect of Banco Popular Español, S.A.
Date: 2017-07-11
Institutions: Single Resolution Board
Subjects: aid to undertakings, bank, company in difficulties, credit institution, financial control








C_2017222EN.01000301.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/3





Decision to take resolution action in respect of Banco Popular Español, S.A.
(2017/C 222/05)
On 7 June 2017, the Single Resolution Board decided to adopt a resolution scheme in respect of Banco Popular Español, S.A. This decision is based on Article 18 of Regulation (EU) No 806/2014 (1). The main elements of this decision are as follows:






Date of adoption of the decision:


7 June 2017




Decision No:


SRB/EES/2017/08




Addressee:


FROB




Institution under resolution:


Banco Popular Español, S.A.




Application of the write-down and conversion of capital instruments power:


Yes




Resolution tool:


Sale of Business tool




Purchaser:


Banco Santander, S.A.




Fund aid:


No




More information about this decision can be found on the SRB’s official website: https://srb.europa.eu/en/content/banco-popular


(1)  OJ L 225, 30.7.2014, p. 1.
Non-opposition to a notified concentration (Case M.8519 — Santander/SAM) (Text with EEA relevance. )
Date: 2017-07-11
Institutions: European Commission
Subjects: banking, economic concentration, financial services, insurance, merger control, retail selling








C_2017222EN.01000101.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/1





Non-opposition to a notified concentration
(Case M.8519 — Santander/SAM)
(Text with EEA relevance)
(2017/C 222/01)
On 3 July 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 32017M8519. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Council Decision (EU) 2017/1337 of 11 July 2017 appointing a member and an alternate member, proposed by Malta, of the Committee of the Regions
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Malta, appointment of members








L_2017185EN.01004801.xml










18.7.2017   


EN


Official Journal of the European Union


L 185/48








            COUNCIL DECISION (EU) 2017/1337
of 11 July 2017
         
appointing a member and an alternate member, proposed by Malta, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Government of Malta,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Marc SANT.












(3)


An alternate member's seat has become vacant following the appointment of Mr Mario FAVA as a member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as a member:






—


Mr Mario FAVA, Councillor, Swieqi, Local Council,




and










(b)


as an alternate member:






—


Ms Sarah AGIUS, Mayor, Ħaż-Żebbuġ, Città Rohan, Local Council, Malta.










Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 11 July 2017.


For the Council


The President

T. TÕNISTE
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Euro exchange rates
Date: 2017-07-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2017222EN.01000401.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/4





Euro exchange rates (1)

10 July 2017
(2017/C 222/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1387 




JPY


Japanese yen


129,98 




DKK


Danish krone


7,4366 




GBP


Pound sterling


0,88443 




SEK


Swedish krona


9,6175 




CHF


Swiss franc


1,1007 




ISK


Iceland króna


 




NOK


Norwegian krone


9,5165 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,096 




HUF


Hungarian forint


307,99 




PLN


Polish zloty


4,2340 




RON


Romanian leu


4,5698 




TRY


Turkish lira


4,1122 




AUD


Australian dollar


1,4999 




CAD


Canadian dollar


1,4703 




HKD


Hong Kong dollar


8,8973 




NZD


New Zealand dollar


1,5663 




SGD


Singapore dollar


1,5783 




KRW


South Korean won


1 309,36 




ZAR


South African rand


15,2130 




CNY


Chinese yuan renminbi


7,7484 




HRK


Croatian kuna


7,4043 




IDR


Indonesian rupiah


15 257,44 




MYR


Malaysian ringgit


4,8900 




PHP


Philippine peso


57,930 




RUB


Russian rouble


68,8648 




THB


Thai baht


38,852 




BRL


Brazilian real


3,7292 




MXN


Mexican peso


20,4881 




INR


Indian rupee


73,4405 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.8507 — GENUI/Summit/Sycamore/Market Logic Software) (Text with EEA relevance. )
Date: 2017-07-11
Institutions: European Commission
Subjects: consultancy, economic concentration, information technology industry, investment company, merger control








C_2017222EN.01000201.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/2





Non-opposition to a notified concentration
(Case M.8507 — GENUI/Summit/Sycamore/Market Logic Software)
(Text with EEA relevance)
(2017/C 222/03)
On 3 July 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 32017M8507. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-67/14: Judgment of the General Court of 11 July 2017 — Viraj Profiles v Council (Dumping — Imports of certain stainless steel wires originating in India — Determination of the cost of production — Selling, General and Administrative costs — Obligation to state reasons — Injury — Causal link — Complaint — Opening of the investigation — Manifest error of assessment)
Date: 2017-07-11
Institutions: General Court
Subjects: India, anti-dumping duty, import (EU), originating product, steel, wire








C_2017277EN.01003001.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/30





Judgment of the General Court of 11 July 2017 — Viraj Profiles v Council
(Case T-67/14) (1)

((Dumping - Imports of certain stainless steel wires originating in India - Determination of the cost of production - Selling, General and Administrative costs - Obligation to state reasons - Injury - Causal link - Complaint - Opening of the investigation - Manifest error of assessment))
(2017/C 277/43)
Language of the case: English

Parties


Applicant: Viraj Profiles Ltd (Maharashtra, India) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: Council of the European Union (represented: initially by B. Driessen, and subsequently by H. Marcos Fraile, acting as Agents, assisted by R. Bierwagen, C. Hipp and D. Reich, lawyers)

Intervener in support of the defendant: European Commission (represented by: J.-F. Brakeland and A. Stobiecka-Kuik, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment of Council Implementing Regulation (EU) No 1106/2013 of 5 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ 2013 L 298, p. 1), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Implementing Regulation (EU) No 1106/2013 of 5 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India, as far as it relates to Viraj Profiles Ltd;










2.


Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Viraj Profiles;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 112, 14.4.2014.
Case T-623/15: Judgment of the General Court of 11 July 2017 — Lidl Siftung v EUIPO (JEDE FLASCHE ZÄHLT!) (EU trade mark — Application for EU figurative mark JEDE FLASCHE ZÄHLT! — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2017-07-11
Institutions: General Court
Subjects: EU trade mark, plastics, recycled product, registered trade mark, trade-mark law








C_2017277EN.01003602.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/36





Judgment of the General Court of 11 July 2017 — Lidl Siftung v EUIPO (JEDE FLASCHE ZÄHLT!)
(Case T-623/15) (1)

((EU trade mark - Application for EU figurative mark JEDE FLASCHE ZÄHLT! - Mark consisting of an advertising slogan - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2017/C 277/53)
Language of the case: German

Parties


Applicant: Lidl Siftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, A. Marx and A. Berger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and A. Schifko, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 7 September 2015 (Case R 479/2015-4), concerning an application for registration of the figurative sign JEDE FLASCHE ZÄHLT! as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Lidl Stiftung & Co. KG to pay the costs.






(1)  OJ C 16, 18.1.2016.
Corrigendum to the Council Decision (EU) 2017/471 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union (OJ L 73, 18.3.2017)
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: Norway, Switzerland, Türkiye, agreement (EU), generalised preferences, originating product, signature of an agreement, tariff agreement, tariff preference








L_2017178EN.01001602.xml










11.7.2017   


EN


Official Journal of the European Union


L 178/16







Corrigendum to the Council Decision (EU) 2017/471 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union

(
Official Journal of the European Union L 73 of 18 March 2017
)


On the contents page, in the title on page 3, and on page 4, recital 7 and Article 1:
for:

               ‘… Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union’,
read:

               ‘… Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences’.
Council Decision (EU) 2017/1334 of 11 July 2017 appointing a member, proposed by the Italian Republic, of the Committee of the Regions
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2017185EN.01004501.xml










18.7.2017   


EN


Official Journal of the European Union


L 185/45








            COUNCIL DECISION (EU) 2017/1334
of 11 July 2017
         
appointing a member, proposed by the Italian Republic, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Italian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Augusto ROLLANDIN,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Pierluigi MARQUIS, Consigliere e Presidente della Regione Autonoma Valle d'Aosta.







Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 11 July 2017.


For the Council


The President

T. TÕNISTE
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).