do-me/EUR-LEX huggingface dataset:
Case T-598/17: Action brought on 5 September 2017 — Italian Republic v Commission
Date: 2017-09-05
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria








C_2017357EN.01002701.xml










23.10.2017   


EN


Official Journal of the European Union


C 357/27





Action brought on 5 September 2017 — Italian Republic v Commission
(Case T-598/17)
(2017/C 357/36)
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent and P. Pucciariello, Avvocato dello Stato)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul, in so far as it is the subject matter of the present action, European Commission Implementing Decision No 2017/1144 of 26 June 2017, notified on the same date, on the exclusion from European Union financing of certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD);










—


order the Commission to bear the costs.





Pleas in law and main arguments

In support of its action, the applicant relies on a single plea in law, alleging breach of Article 7(4) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1) and Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy. (2)

By that plea, the applicant challenges the application of the financial corrections imposed by the contested decision, in view of the inconsistency of the information.
The applicant also challenges the quantification of those financial corrections, in so far as the actual amount set is disproportionate and clearly illogical, being significantly higher than any damage potentially resulting from the conduct imputed to the Italian authorities.


(1)  OJ L 160, 26.6.1999, p. 103.

(2)  OJ L 209, 18.8.2005, p. 1.
Case C-527/17: Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 5 September 2017 — LN
Date: 2017-09-05
Institutions: Court of Justice
Subjects: drug surveillance, market approval, medical device, medicinal product








C_2017402EN.01001102.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/11





Request for a preliminary ruling from the Bundespatentgericht (Germany) lodged on 5 September 2017 — LN
(Case C-527/17)
(2017/C 402/13)
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Applicant: LN

Defendant: Deutsches Patent- und Markenamt

Question referred

Must Article 2 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (1) be interpreted as meaning that, for the purposes of that regulation, an authorisation under Directive 93/42/EEC (2) for a combined medical device and medicinal product within the meaning of Article 1(4) of Directive 93/42/EEC is to be treated as a valid marketing authorisation under Directive 2001/83/EC (3), where, as part of the authorisation procedure laid down in Annex I, Section 7.4, first paragraph, to Directive 93/42/EEC, the quality, safety and usefulness of the medicinal product component has been verified by the medicinal products authority of a Member State in accordance with Directive 2001/83/EC?


(1)  OJ L 152, p. 1.

(2)  Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1).

(3)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).
Prior notification of a concentration (Case M.8610 — CKI/CKP/ista Group) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-09-05
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, miscellaneous industries, provision of services








C_2017294EN.01000501.xml










5.9.2017   


EN


Official Journal of the European Union


C 294/5





Prior notification of a concentration
(Case M.8610 — CKI/CKP/ista Group)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 294/05)






1.


On 28 August 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CK Hutchison Holdings Limited (‘CKHH’, the Cayman Islands), indirectly via CK Infrastructure Holding Limited (‘CKI’, Bermuda), and Cheung Kong Property Holdingd Limited (‘CKP’, Cayman Islands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the ista Group, whose ultimate holding company is ista Luxembourg GmbH Sarl (‘ista’ Luxembourg) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for CKHH: active in five core businesses (i) ports and related services, (ii) retail, (iii) infrastructure, (iv) energy and (v) telecommunications. Within CKHH, CKI manages diversified investments in energy infrastructure, transportation infrastructure, water infrastructure, waste management, waste-to-energy and infrastructure related businesses;
—   for CKP: property development and investment, hotel and serviced suite operation, property and project management, infrastructure investments and aircraft leasing;
—   for ista: the provision of heat and water sub-metering services as well as related services mainly in the EEA, with a focus on Germany, France and Denmark.










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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










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.8610 — CKI/CKP/ista Group, 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’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case C-529/17 P: Appeal brought on 5 September 2017 by Isabel Martín Osete against the judgment of the General Court (Sixth Chamber) delivered on 29 June 2017 in Case T-427/16: Martín Osete / EUIPO
Date: 2017-09-05
Institutions: Court of Justice
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2018142EN.01001902.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/19





Appeal brought on 5 September 2017 by Isabel Martín Osete against the judgment of the General Court (Sixth Chamber) delivered on 29 June 2017 in Case T-427/16: Martín Osete / EUIPO
(Case C-529/17 P)
(2018/C 142/26)
Language of the case: English

Parties


Appellant: Isabel Martín Osete (represented by: V. Wellens, avocat)

Other party to the proceedings: European Union Intellectual Property Office
By order of 22 February 2018 the Court of Justice (Eighth Chamber) held that the appeal was inadmissible.
Case T-604/17: Action brought on 5 September 2017 — Thun v EUIPO (Figurine representing a fish)
Date: 2017-09-05
Institutions: General Court
Subjects: ceramics, designs and models








C_2017369EN.01003502.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/35





Action brought on 5 September 2017 — Thun v EUIPO (Figurine representing a fish)
(Case T-604/17)
(2017/C 369/49)
Language of the case: Italian

Parties


Applicant: Thun SpA (Bolzano, Italy) (represented by: B. Giordano, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Design at issue: Community design — (Figurine representing a fish) — Application for registration No 336 805-0059

Contested decision: Decision of the Third Board of Appeal of EUIPO of 9 June 2017 in Case R 1680/2016-3

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


grant the application for restitutio in integrum;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 67 of Regulation (EC) No 6/2002 on Community designs.