do-me/EUR-LEX huggingface dataset:
Case T-42/16: Judgment of the General Court of 8 November 2017 — De Nicola v Council and Court of Justice of the European Union (Non-contractual liability — Civil service — EIB staff — Guidelines concerning laser treatment — Article 47 of the Charter of Fundamental Rights — Reasonable time — Failure to comply with the rules governing the right to a fair hearing — Material damage — Non-material damage — Claims made by the applicant in the context of a case pending before the Civil Service Tribunal — Partial referral of the case to the General Court)
Date: 2017-11-08
Institutions: General Court
Subjects: European Investment Bank, European civil service, health expenditure, indemnification, right to justice, staff regulations (EU), therapeutics








C_2017437EN.01002701.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/27





Judgment of the General Court of 8 November 2017 — De Nicola v Council and Court of Justice of the European Union
(Case T-42/16) (1)

((Non-contractual liability - Civil service - EIB staff - Guidelines concerning laser treatment - Article 47 of the Charter of Fundamental Rights - Reasonable time - Failure to comply with the rules governing the right to a fair hearing - Material damage - Non-material damage - Claims made by the applicant in the context of a case pending before the Civil Service Tribunal - Partial referral of the case to the General Court))
(2017/C 437/32)
Language of the case: Italian

Parties


Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: initially by L. Isola and G. Isola, and subsequently by G. Ferabecoli, lawyers)

Defendants: Council of the European Union (represented by: E. Rebasti and M. Veiga, acting as Agents) and Court of Justice of the European Union (represented by: initially by J. Inghelram, P. Giusta and L. Tonini Alabiso, and subsequently by J. Inghelram, acting as Agents)

Re:

Application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of, first, the adoption by the EU legislature of certain guidelines concerning laser treatment, second, the allegedly excessive duration of the proceedings before the European Union Civil Service Tribunal and the General Court in relation to his request for reimbursement of the medical fees connected with laser treatment, third, the supposedly unfair nature of those proceedings and, fourth, the numerous actions which he has been compelled to bring by the Civil Service Tribunal and the General Court.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Carlo De Nicola to pay the costs relating to the present proceedings before both the General Court of the European Union and the European Union Civil Service Tribunal.






(1)  OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal as Case F-82/15).
Case C-628/17: Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 8 November 2017 — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Orange Polska S.A.
Date: 2017-11-08
Institutions: Court of Justice
Subjects: consumer protection, contract, telecommunications








C_2018104EN.01001202.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/12





Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 8 November 2017 — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Orange Polska S.A.
(Case C-628/17)
(2018/C 104/15)
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Appellant: Prezes Urzędu Ochrony Konkurencji i Konsumentów

Respondent: Orange Polska S.A.

Questions referred

Is Article 8, in conjunction with Articles 9 and 2(j), of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (1) to be interpreted as meaning that the use of standard forms for the conclusion of distance contracts relating to the provision of telecommunications services, under which a consumer is required to make the final business decision in the presence of the courier handing over the standard-form contract (general terms and conditions), an aggressive commercial practice by a trader owing to undue influence:






(a)


always, where the consumer, during the courier’s visit, is unable freely to take cognisance of the content of the standard-form contract;










(b)


only where the consumer has not previously and individually received all standard forms (for example, at his e-mail address or home address), even if he himself had the opportunity, prior to the courier’s visit, to take cognisance of their content on the trader’s website;










(c)


only if additional findings were to point to unfair actions on the part of the trader, or on his behalf, for the purpose of restricting the consumer’s decision-making freedom in regard to the business decision which he has to make?






(1)  OJ 2005 L 149, p. 22.
Prior notification of a concentration (Case M.8668 — DER Touristik Deutschland GmbH/EXIM Holding A.S.) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-11-08
Institutions: European Commission
Subjects: economic concentration, merger control, retail trade, tourism








C_2017376EN.01000201.xml










8.11.2017   


EN


Official Journal of the European Union


C 376/2





Prior notification of a concentration
(Case M.8668 — DER Touristik Deutschland GmbH/EXIM Holding A.S.)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 376/02)






1.


On 27 October 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


DER Touristik Deutschland GmbH (‘DER Touristik’, Germany), a subsidiary of REWE Group (Germany),










—


EXIM Holding A.S. (‘EXIM’, Czech Republic).




DER Touristik acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of EXIM.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for DER Touristik: forms part of the Travel &Tourism Division of REWE Group, which operates in the tourism sector as well as in the food and non-food retail sector via a separate branch,
—   for EXIM: a Czech joint stock company holding four subsidiaries active in the tourism sector in the Czech Republic, Poland, Hungary and Slovakia.










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 the 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. The following reference should always be specified:
M.8668 — DER Touristik Deutschland GmbH/EXIM Holding A.S.
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal 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-627/17: Request for a preliminary ruling from the Okresný súd Dunajská Streda (Slovakia) lodged on 8 November 2017 — ZSE Energia, a.s. v RG
Date: 2017-11-08
Institutions: Court of Justice
Subjects: EU Member State, civil procedure, civil proceedings, judicial cooperation in civil matters in the EU, jurisdiction, legal domicile








C_2018042EN.01000302.xml










5.2.2018   


EN


Official Journal of the European Union


C 42/3





Request for a preliminary ruling from the Okresný súd Dunajská Streda (Slovakia) lodged on 8 November 2017 — ZSE Energia, a.s. v RG
(Case C-627/17)
(2018/C 042/06)
Language of the case: Slovak

Referring court

Okresný súd Dunajská Streda

Parties to the main proceedings


Applicant: ZSE Energia, a.s.

Defendant: RG

Questions referred









1.


Must the term ‘one of the parties’ used in Article 3(1) of Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 (1) establishing a European Small Claims Procedure (‘Regulation No 861/2007’) be interpreted as also including the ‘intervener’, that is, an individual participating in the proceedings who is neither the claimant (applicant) nor the respondent (defendant), but who intervenes in the proceedings in order to support the arguments put forward by the claimant (applicant) or the respondent (defendant)?












2.


In the event that the ‘intervener’ is not to be regarded as a ‘party’ for the purposes of Article 3(1) of Regulation No 861/2007:
Does a procedure commenced using Form A of [Annex I] to Regulation No 861/2007 between a claimant (applicant) and a respondent (defendant) fall within the scope of Regulation No 861/2007 under Article 2(1) of that regulation, read in conjunction with Article 3(1) thereof, if those parties are domiciled in the same Member State as the Member State in which the court or tribunal seised is situated, and only the ‘intervener’ is domiciled in a different Member State?






(1)  OJ 2007 L 199, p. 1.
Council Implementing Decision (CFSP) 2017/2008 of 8 November 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Date: 2017-11-08
Institutions: Council of the European Union
Subjects: Libya, economic sanctions, international sanctions, trade restriction, vessel








L_2017290EN.01002201.xml










9.11.2017   


EN


Official Journal of the European Union


L 290/22








            COUNCIL IMPLEMENTING DECISION (CFSP) 2017/2008
of 8 November 2017
         
implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (1), and in particular Article 12(1) thereof,


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

Whereas:







(1)


On 31 July 2015, the Council adopted Decision (CFSP) 2015/1333.












(2)


On 31 October 2017, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1970 (2011) renewed and amended the listing of a vessel subject to restrictive measures.












(3)


Annex V to Decision (CFSP) 2015/1333 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex V to Decision (CFSP) 2015/1333 is hereby amended as set out in the Annex to this Decision.


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




Done at Brussels, 8 November 2017.


For the Council


The President

M. MAASIKAS
            





(1)  
            OJ L 206, 1.8.2015, p. 34.




ANNEX
In section B (Entities) of Annex V to Decision (CFSP) 2015/1333, entry 2 is replaced by the following:







‘2.



Name: LYNN S

A.k.a.: n.a. F.k.a.: n.a. Address: n.a. Listed on:
               2 August 2017
            

Additional information

IMO: 8706349. Listed pursuant to paragraphs 10(a) and 10 (b) of Resolution 2146 (2014), as extended and modified by paragraph 2 of Resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). Pursuant to paragraph 11 of Resolution 2146 (2014), this designation was renewed by the Committee on 31 October 2017 and is valid until 29 January 2018, unless terminated earlier by the Committee pursuant to paragraph 12 of Resolution 2146 (2014). Flag State: Saint Vincent and the Grenadines. As of 6 October 2017, the vessel was located in the territorial waters of Lebanon, when it set sail heading West.’.
Case T-754/16: Judgment of the General Court of 8 November 2017 — Oakley v EUIPO — Xuebo Ye (Representation of a discontinuous ellipse) (European Union trade mark — Opposition proceedings — Application for registration of an EU figurative mark representing a silhouette in the shape of a discontinuous ellipse — Prior EU figurative mark representing an ellipse — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001))
Date: 2017-11-08
Institutions: General Court
Subjects: EU trade mark, clothing, leather, navigation aid, registered trade mark, trade-mark law








C_2017437EN.01002902.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/29





Judgment of the General Court of 8 November 2017 — Oakley v EUIPO — Xuebo Ye (Representation of a discontinuous ellipse)
(Case T-754/16) (1)

((European Union trade mark - Opposition proceedings - Application for registration of an EU figurative mark representing a silhouette in the shape of a discontinuous ellipse - Prior EU figurative mark representing an ellipse - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EC No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001)))
(2017/C 437/35)
Language of the case: Spanish

Parties


Applicant: Oakley, Inc. (Foothill Ranch, California, United States) (represented by: E. Ochoa Santamaría and V. Rodríguez Pombo, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Xuebo Ye (Wenzhou, China)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 31 August 2016 (Case R 2608/2015-4) concerning opposition proceedings between Oakley and Xuebo Ye.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 August 2016 (Case R 2608/2015-4) insofar as it confirmed the decision of the Opposition Division and rejected the opposition inasmuch as it is based on the ground set out in Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (now Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark);










2.


Dismisses the remainder of the action;










3.


Orders each party to bear its own costs.






(1)  OJ C 14, 16.1.2017.
Case T-99/16: Judgment of the General Court of 8 November 2017 — De Nicola v Court of Justice of the European Union (Non-contractual liability — Civil service — EIB staff — Psychological harassment — Failure to comply with the rules governing the right to a fair hearing — Article 47 of the Charter of Fundamental Rights — Reasonable time — Claims for compensation made in the context of an action pending before the Civil Service Tribunal — Partial referral of the case to the General Court)
Date: 2017-11-08
Institutions: General Court
Subjects: European Investment Bank, European civil service, damages, psychological harassment, right to justice








C_2017437EN.01002801.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/28





Judgment of the General Court of 8 November 2017 — De Nicola v Court of Justice of the European Union
(Case T-99/16) (1)

((Non-contractual liability - Civil service - EIB staff - Psychological harassment - Failure to comply with the rules governing the right to a fair hearing - Article 47 of the Charter of Fundamental Rights - Reasonable time - Claims for compensation made in the context of an action pending before the Civil Service Tribunal - Partial referral of the case to the General Court))
(2017/C 437/33)
Language of the case: Italian

Parties


Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: initially by L. Isola and G. Isola, and subsequently by G. Ferabecoli, lawyers)

Defendant: Court of Justice of the European Union (represented by: initially by J. Inghelram, P. Giusta and L. Tonini Alabiso, and subsequently by J. Inghelram, acting as Agents)

Re:

Application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of, first, the psychological harassment to which he has been subjected by the European Investment Bank (EIB), on the one hand, and the supposedly unfair nature of the proceedings before the European Union Civil Service Tribunal and the General Court to which he has been a party, on the other, and, second, the allegedly excessive duration of those proceedings.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Carlo De Nicola to pay the costs relating to the present proceedings before both the General Court of the European Union and the European Union Civil Service Tribunal.






(1)  OJ C 414, 14.12.2015 (case initially registered before the European Union Civil Service Tribunal as Case F-100/15).
Case T-271/16: Judgment of the General Court of 8 November 2017 — Pempe v EUIPO — Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS) (EU trade mark — Opposition proceedings — Application for the EU figurative mark THOMAS MARSHALL GARMENTS OF LEGENDS — Earlier EU word and figurative marks MARSHALL and Marshall AMPLIFICATION — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Admissibility of the request for proof of the earlier marks’ genuine use — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2017-11-08
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, computer equipment, electrical engineering, measuring equipment, registered trade mark, scientific apparatus, telecommunications equipment, trade-mark law








C_2018005EN.01003201.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/32





Judgment of the General Court of 8 November 2017 — Pempe v EUIPO — Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS)
(Case T-271/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark THOMAS MARSHALL GARMENTS OF LEGENDS - Earlier EU word and figurative marks MARSHALL and Marshall AMPLIFICATION - Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) - Admissibility of the request for proof of the earlier marks’ genuine use - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2018/C 005/42)
Language of the case: English

Parties


Applicant: Yusuf Pempe (Créteil, France) (represented by: A. Vivès-Albertini, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Marshall Amplification plc (Milton Keynes, United Kingdom)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 March 2016 (Case R 376/2015-5), relating to opposition proceedings between Marshall Amplification and Mr Pempe.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Yusuf Pempe to pay the costs.






(1)  OJ C 251, 11.07.2016.
Case T-80/17: Judgment of the General Court of 8 November 2017 — Steiniger v EUIPO — ista Deutschland (IST) (European Union trade mark — Opposition proceedings — Application for EU figurative mark IST — Prior EU figurative mark ISTA — Relative ground for refusal — Relevant public — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2017-11-08
Institutions: General Court
Subjects: EU trade mark, electrical equipment, hand tool, machinery, medical device, metal product, registered trade mark, retail selling, trade-mark law, wholesale selling








C_2017437EN.01003102.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/31





Judgment of the General Court of 8 November 2017 — Steiniger v EUIPO — ista Deutschland (IST)
(Case T-80/17) (1)

((European Union trade mark - Opposition proceedings - Application for EU figurative mark IST - Prior EU figurative mark ISTA - Relative ground for refusal - Relevant public - Similarity of the goods and services - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2017/C 437/38)
Language of the case: German

Parties


Applicant: Ingo Steiniger (Nümbrecht, Germany) (represented by: K. Schulze Horn, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: ista Deutschland GmbH (Essen, Germany) (represented by: F. Lindenberg, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 December 2016 (Case R 2242/2015-5) concerning opposition proceedings between ista Deutschland and Mr Steiniger.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Ingo Steiniger to pay the costs.






(1)  OJ C 112, 10.4.2017.
Corrigendum to the call for proposals under the multiannual work programme for financial assistance in the field of Connecting Europe Facility (CEF) — Transport sector for the period 2014-2020: ‘Blending’ call (Commission Implementing Decision C(2017) 7360 amending Implementing Decision C(2017) 164 of 20 January 2017) (OJ C 41, 8.2.2017)
Date: 2017-11-08
Institutions: European Commission
Subjects: EU aid, EU financial instrument, EU programme, financial aid, invitation to tender, trans-European network, transport network








C_2017376EN.01000701.xml










8.11.2017   


EN


Official Journal of the European Union


C 376/7





Corrigendum to the call for proposals under the multiannual work programme for financial assistance in the field of Connecting Europe Facility (CEF) — Transport sector for the period 2014-2020: ‘Blending’ call (Commission Implementing Decision C(2017) 7360 amending Implementing Decision C(2017) 164 of 20 January 2017)
(
Official Journal of the European Union C 41 of 8 February 2017
)
(2017/C 376/05)
The European Commission, Directorate-General for Mobility and Transport, is announcing a corrigendum to the call for proposals (CEF-Transport-Blending-2017 (General envelope) in order to award grants in accordance with the priorities and objectives defined in the multiannual work programme for financial assistance in the field of Connecting Europe Facility (CEF) — Transport sector, as published in the Official Journal (2017/C 41/04).
The corrigendum to the call for proposals is available on:
https://ec.europa.eu/inea/en/connecting-europe-facility/cef-transport/apply-funding/2017-cef-transport-blending-map-call