do-me/EUR-LEX huggingface dataset:
Case T-542/15: Order of the General Court of 25 September 2017 — Hungary v Commission (ERDF — Operational Programme ‘Transport’ and Regional Operational Programmes for Central Hungary, West Pannon, South Great Plain, Central Transdanubia, North Hungary, North Great Plain and South Transdanubia — Decision to suspend the interim payments — Repeal of the contested act — No need to adjudicate)
Date: 2017-09-25
Institutions: General Court
Subjects: Central Hungary, Central Transdanubia, Cohesion Fund, European Regional Development Fund, Northern Alföld, Northern Hungary, Southern Alföld, Southern Transdanubia, Western Transdanubia, operational programme, payment








C_2017392EN.01002901.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/29





Order of the General Court of 25 September 2017 — Hungary v Commission
(Case T-542/15) (1)

((ERDF - Operational Programme ‘Transport’ and Regional Operational Programmes for Central Hungary, West Pannon, South Great Plain, Central Transdanubia, North Hungary, North Great Plain and South Transdanubia - Decision to suspend the interim payments - Repeal of the contested act - No need to adjudicate))
(2017/C 392/36)
Language of the case: English

Parties


Applicant: Hungary (represented by: J. Bonhage and F. Quast, lawyers)

Defendant: European Commission (represented by: B.-R. Killmann and A. Tokár, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Decision C(2015) 4979 final of 14 July 2015 on the suspension of part of the interim payments from the European Regional Development Fund (ERDF) and the Cohesion Fund for the expenditure paid for the Operational Programme ‘Transport’ for the regions of Central Hungary, West Pannon, South Great Plain, Central Transdanubia, North Hungary, North Great Plain and South Transdanubia

Operative part of the order







1.


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










2.


Hungary is ordered to pay the costs.






(1)  OJ C 406, 7.12.2015.
Case T-656/17: Action brought on 25 September 2017 — Sumol + Compal Marcas v EUIPO — Jacob (Dr. Jacob’s essentials)
Date: 2017-09-25
Institutions: General Court
Subjects: EU trade mark, beverage, foodstuff, pharmaceutical product, processed food product, registered trade mark, trade-mark law








C_2017402EN.01004801.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/48





Action brought on 25 September 2017 — Sumol + Compal Marcas v EUIPO — Jacob (Dr. Jacob’s essentials)
(Case T-656/17)
(2017/C 402/63)
Language in which the application was lodged: English

Parties


Applicant: Sumol + Compal Marcas, SA (Carnaxide, Portugal) (represented by: A. De Sampaio, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ludwig Manfred Jacob (Heidesheim, Germany)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark containing the word elements ‘Dr. Jacob’s essentials’ in orange, yellow and shades of green — Application for registration No 13 742 903

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 July 2017 in Case R 2067/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the other party to the proceedings to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Council Decision (EU) 2017/1762 of 25 September 2017 appointing two members, proposed by Romania, of the Committee of the Regions
Date: 2017-09-25
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Romania, appointment of members








L_2017250EN.01005601.xml










28.9.2017   


EN


Official Journal of the European Union


L 250/56








            COUNCIL DECISION (EU) 2017/1762
of 25 September 2017
         
appointing two members, proposed by Romania, 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 Romanian 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)


Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Vasile Silvian CIUPERCĂ and Mr Adrian ȚUȚUIANU,





HAS ADOPTED THIS DECISION:



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






—


Mr Marius Horia ȚUȚUIANU, President of Constanța county council,










—


Mr Bogdan Andrei TOADER, President of Prahova county council.






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




Done at Brussels, 25 September 2017.


For the Council


The President

M. MAASIKAS
            





(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).
Case C-564/17: Action brought on 25 September 2017 — European Commission v Kingdom of Belgium
Date: 2017-09-25
Institutions: Court of Justice
Subjects: EU migration policy, foreign national, infringement of EU law, migrant worker, national implementing measure, periodic penalty payment, residence permit, third country, work permit








C_2017382EN.01003402.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/34





Action brought on 25 September 2017 — European Commission v Kingdom of Belgium
(Case C-564/17)
(2017/C 382/42)
Language of the case: French

Parties


Applicant: European Commission (represented by: C. Cattabriga, G. von Rintelen and R. Troosters, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


find that, by failing to adopt, no later than 25 December 2013, all the laws, regulations and administrative provisions necessary to comply with Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, (1) and in any event by failing to communicate those provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 16(1) of the directive;










—


order the Kingdom of Belgium to pay, pursuant to Article 260(3) TFEU, a penalty payment of EUR 70 828,80 per day, from the date on which judgment is delivered in the present case, for failure to comply with the obligation to give notification of the measures transposing Directive 2011/98/EU;










—


order Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The Member States were required, under the first subparagraph of Article 16(1) of Directive 2011/98/EU, to adopt the national measures required to transpose the obligations under the directive no later than 25 December 2013. As Belgium has failed to confirm that it has adopted all the measures necessary to fully transpose the directive, the Commission has decided to bring the present action before the Court of Justice.
In its application, the Commission proposes that the Kingdom of Belgium be ordered to pay a penalty payment of EUR 70 828,80 per day. The amount of the penalty payment has been calculated taking into account the seriousness and duration of the infringement and as well as the deterrent effect in the light of the Member State’s ability to pay.


(1)  OJ 2011 L 343, p. 1.
Council Decision (EU) 2017/1764 of 25 September 2017 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
Date: 2017-09-25
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of members








L_2017250EN.01005801.xml










28.9.2017   


EN


Official Journal of the European Union


L 250/58








            COUNCIL DECISION (EU) 2017/1764
of 25 September 2017
         
appointing an alternate member, proposed by the Republic of Austria, 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 Austrian 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)


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





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:






—


Mr Markus LINHART, Bürgermeister und Gemeinderat von Bregenz.






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




Done at Brussels, 25 September 2017.


For the Council


The President

M. MAASIKAS
            





(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).
Commission Implementing Regulation (EU) 2017/1833 of 25 September 2017 entering a name in the register of protected designations of origin and protected geographical indications (Capón de Vilalba (PGI))
Date: 2017-09-25
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Galicia, Spain, designation of origin, fresh meat, labelling, poultrymeat, product designation








L_2017260EN.01000101.xml










10.10.2017   


EN


Official Journal of the European Union


L 260/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1833
of 25 September 2017
         
entering a name in the register of protected designations of origin and protected geographical indications (Capón de Vilalba (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain's application to register the name ‘Capón de Vilalba’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Capón de Vilalba’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Capón de Vilalba’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that 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, 25 September 2017.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 188, 14.6.2017, p. 26.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 25 September 2017 regarding a draft decision relating to Case AT.39824(2) – Trucks – Rapporteur: Ireland 2020/C 216/05
Date: 2017-09-25
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, European Economic Area, cartel, control of restrictive practices, large vehicle, price agreement, price increase, sale, sanction (EU)








C_2020216EN.01000601.xml










30.6.2020   


EN


Official Journal of the European Union


C 216/6






Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 25 September 2017 regarding a draft decision relating to Case AT.39824(2) – Trucks –
Rapporteur: Ireland
(2020/C 216/05)

1.   

The Advisory Committee agrees with the Commission that fines should be imposed on the addressees of the draft decision.



2.   

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 for the draft decision.



3.   

The Advisory Committee agrees with the Commission as regards the determination of the value of sales used for the calculation of the fines imposed by the draft decision.



4.   

The Advisory Committee agrees with the Commission on the basic amounts of the fines for the draft decision.



5.   

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines for the draft decision.



6.   

The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable to the infringement.



7.   

The Advisory Committee agrees with the Commission that there are no mitigating circumstances applicable to the infringement.



8.   

The Advisory Committee agrees with the Commission on the final amounts of the fines for the draft decision.



9.   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-655/17: Action brought on 25 September 2017 — Inditex v EUIPO — Ansell (ZARA TANZANIA ADVENTURES)
Date: 2017-09-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tourism, trade-mark law








C_2017402EN.01004701.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/47





Action brought on 25 September 2017 — Inditex v EUIPO — Ansell (ZARA TANZANIA ADVENTURES)
(Case T-655/17)
(2017/C 402/62)
Language in which the application was lodged: English

Parties


Applicant: Industria de Diseño Textil, SA (Inditex) (Arteixo, Spain) (represented by: G. Marín Raigal, G. Macías Bonilla, P. López Ronda, E. Armero Lavie, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Zainab Ansell (Moshi, Tanzania) and Roger Ansell (Moshi)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark containing the word elements ‘ZARA TANZANIA ADVENTURES’ — Application for registration No 8 320 591

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 July 2017 in Joined Cases R 2330/2011-2 and R 2369/2011-2

Form of order sought

The applicant claims that the Court should:






—


partially annul the decision of the Second Board of Appeal of the EUIPO dated 5 July 2017, in joined Cases R 2330/2011-2 and R 2369/2011-2, in particular regarding the allowing of the EUTM application No. 8320591 to proceed to registration for the challenged services in Classes 39 and 43;










—


order that the of the appeal action be borne by the defendant (EUIPO) and the intervener, and those incurred in proceedings before the EUIPO’s Opposition Division and the Second Board of Appeal by the intervener.





Plea in law







—


Infringement of Article 8(5) of Regulation No 207/2009.
Case C-562/17: Request for a preliminary ruling from the Audiencia Nacional (Spain) lodged on 25 September 2017 — Nestrade, S.A. v Agencia Estatal de la Administración Tributaria (AEAT), Tribunal Económico-Administrativo Central (TEAC)
Date: 2017-09-25
Institutions: Court of Justice
Subjects: VAT, administrative formalities, administrative procedure, case-law (EU), establishment, tax rebate, third country








C_2017437EN.01001901.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/19





Request for a preliminary ruling from the Audiencia Nacional (Spain) lodged on 25 September 2017 — Nestrade, S.A. v Agencia Estatal de la Administración Tributaria (AEAT), Tribunal Económico-Administrativo Central (TEAC)
(Case C-562/17)
(2017/C 437/22)
Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings


Applicant: Nestrade, S.A.

Defendant: Agencia Estatal de la Administración Tributaria (AEAT), Tribunal Económico-Administrativo Central (TEAC)

Questions referred







1.


Can the rule in Petroma (Case C-271/12) (1) be qualified so as to allow a VAT refund sought by an undertaking not established in the EU, even though the national tax authority has already issued a decision refusing the refund on the grounds that the undertaking had failed to respond to a request for information concerning its tax reference number, in view of the fact that the authority was in possession of that information at the relevant time since it had been provided by the undertaking in response to other requests?










2.


If that question is answered in the affirmative:
Does a retroactive application of the rule in Senatex (Case C-518/14) (2) mean that an administrative act refusing the refund of the VAT in question must be revoked, in view of the fact that the act merely upheld a previous final administrative decision refusing the VAT refund, which was adopted by the AEAT using a procedure which was not the procedure laid down by law for that situation and which, furthermore, curtailed the rights of the applicant, depriving it of a legal remedy?






(1)  Judgment of 8 May 2013, Petroma Transports and Others C-271/12, EU:C:2013:297.

(2)  Judgment of 15 September 2016, Senatex, C-518/14, EU:C:2016:691.
Case T-669/17: Action brought on 25 September 2017 — Hernando Avendaño and Others v SRB
Date: 2017-09-25
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2018042EN.01002801.xml










5.2.2018   


EN


Official Journal of the European Union


C 42/28





Action brought on 25 September 2017 — Hernando Avendaño and Others v SRB
(Case T-669/17)
(2018/C 042/41)
Language of the case: Spanish

Parties


Applicants: María Hernando Avendaño (Madrid, Spain), Ignacio Ruiz-Rivas Hernando (Madrid), Juan Ruiz-Rivas Cuesta (Madrid), Lucía Ruiz-Rivas Cuesta (Madrid) (represented by: P. Gabeiras Vázquez, lawyer)

Defendant: Single Resolution Board

Form of order sought

The applicants claim that the General Court should:






—


Declare the present action for annulment admissible, together with the evidence submitted and measures sought;










—


Annul Decision SRB/EES/2017/08;










—


Order the payment of compensation for the harm caused.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Council Decision (EU, Euratom) 2017/1761 of 25 September 2017 appointing a member, proposed by the Italian Republic, of the European Economic and Social Committee
Date: 2017-09-25
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Italy, appointment of members








L_2017250EN.01005501.xml










28.9.2017   


EN


Official Journal of the European Union


L 250/55








            COUNCIL DECISION (EU, Euratom) 2017/1761
of 25 September 2017
         
appointing a member, proposed by the Italian Republic, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposal of the Italian Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Claudia BUSCHI,





HAS ADOPTED THIS DECISION:



Article 1
Mr Gerardo LARGHI, Professore — Dirigente della CISL Scuola dei Laghi di Como e Varese, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


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




Done at Brussels, 25 September 2017.


For the Council


The President

M. MAASIKAS
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).