do-me/EUR-LEX huggingface dataset:
Case C-695/17: Request for a preliminary ruling from the Helsingin käräjäoikeus (Finland) lodged on 12 December 2017 — Metirato Oy, in liquidation v Finnish State / Tax Authority, Estonian State / Maksu- ja Tolliamet
Date: 2017-12-12
Institutions: Court of Justice
Subjects: EU Member State, administrative cooperation, claim, debt, financial solvency








C_2018083EN.01001101.xml










5.3.2018   


EN


Official Journal of the European Union


C 83/11





Request for a preliminary ruling from the Helsingin käräjäoikeus (Finland) lodged on 12 December 2017 — Metirato Oy, in liquidation v Finnish State / Tax Authority, Estonian State / Maksu- ja Tolliamet
(Case C-695/17)
(2018/C 083/17)
Language of the case: Finnish

Referring court

Helsingin käräjäoikeus

Parties to the main proceedings


Applicant: Metirato Oy, in liquidation

Defendants: Finnish State / Tax Authority, Estonian State / Maksu- ja Tolliamet

Questions referred









1.


Must the provisions of Article 13(1) of [Directive 2010/24] (1), according to which debts to be recovered pursuant to a request for recovery are to be treated by the requested State as being the debts of that State, be interpreted as meaning that






(a)


the requested Member State is also a party to the legal proceedings concerning the restitution to the insolvency estate of sums paid following a recovery, or










(b)


that the involvement of the requested State is limited to the recovery of the debt by enforcement and the lodgement of the claim in the insolvency proceedings, and that it is the applicant State which is the defendant in a request for recovery concerning the extent of the assets covered by the liquidation?
















2.


Must the directive be interpreted as meaning that the debts of another Member State are to be recovered using the same means, while remaining separate and distinct from the assets of the requested State, or must the directive be interpreted as meaning that those debts are to be recovered together with the debts of the requested State, in which case they are merged with the debts of the requested State. In other words: does the directive aim exclusively to prohibit the discrimination of debts of another Member State?












3.


Is it possible for a dispute concerning restitution of assets to the insolvency estate to be treated as a dispute concerning the enforcement measures within the meaning of Article 14(2), and can it be inferred that, according to the directive, the requested State is also a defendant in such a dispute?






(1)  Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (OJ 2010 L 84, p. 1).
Case T-815/16: Judgment of the General Court of 12 December 2017 — For Tune v EUIPO — Simplicity trade (opus AETERNATUM) (EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark opus AETERNATUM — Earlier EU word mark OPUS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2017-12-12
Institutions: General Court
Subjects: EU trade mark, advertising, education, registered trade mark, trade-mark law








C_2018032EN.01002902.xml










29.1.2018   


EN


Official Journal of the European Union


C 32/29





Judgment of the General Court of 12 December 2017 — For Tune v EUIPO — Simplicity trade (opus AETERNATUM)
(Case T-815/16) (1)

((EU trade mark - Opposition proceedings - Application for registration of the EU figurative mark opus AETERNATUM - Earlier EU word mark OPUS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2018/C 032/40)
Language of the case: English

Parties


Applicant: For Tune sp. z o.o. (Warsaw, Poland) (represented by: K. Popławska, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Simplicity trade GmbH (Oelde, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 14 September 2016 (Case R 152/2016-2), relating to opposition proceedings between Simplicity trade and For Tune.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders For Tune sp. z o.o. to pay the costs.






(1)  OJ C 14, 16.1.2017.
Case T-811/17: Action brought on 12 December 2017 — Classic Media v EUIPO — Pirelli Tyre (CLASSIC DRIVER)
Date: 2017-12-12
Institutions: General Court
Subjects: EU trade mark, advertising, hire purchase, maintenance, registered trade mark, trade-mark law, vehicle, vehicle rental








C_2018052EN.01003801.xml










12.2.2018   


EN


Official Journal of the European Union


C 52/38





Action brought on 12 December 2017 — Classic Media v EUIPO — Pirelli Tyre (CLASSIC DRIVER)
(Case T-811/17)
(2018/C 052/50)
Language in which the application was lodged: German

Parties


Applicant: Classic Media AG (Zug, Switzerland) (represented by: A. Masberg, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pirelli Tyre SpA (Milan, Italy)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant

Trade mark at issue: International registration designating the European Union in respect of the word mark ‘CLASSIC DRIVER’ — International Registration No 1 108 587

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 3 October 2017 in Case R 59/2017-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


reject the opposition with costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case T-771/15: Judgment of the General Court of 12 December 2017 — Hochmann Marketing v EUIPO — BitTorrent (bittorrent) (EU trade mark — Revocation proceedings — EU word mark bittorrent — Article 76(1) and (2) of Regulation (EC) No 207/2009 (now Article 95(1) and (2) of Regulation (EU) 2017/1001) — No account taken of evidence submitted before the Cancellation Division — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001))
Date: 2017-12-12
Institutions: General Court
Subjects: EU trade mark, Internet, advertising, data transmission, database, registered trade mark, software, trade-mark law








C_2018032EN.01002101.xml










29.1.2018   


EN


Official Journal of the European Union


C 32/21





Judgment of the General Court of 12 December 2017 — Hochmann Marketing v EUIPO — BitTorrent (bittorrent)
(Case T-771/15) (1)

((EU trade mark - Revocation proceedings - EU word mark bittorrent - Article 76(1) and (2) of Regulation (EC) No 207/2009 (now Article 95(1) and (2) of Regulation (EU) 2017/1001) - No account taken of evidence submitted before the Cancellation Division - Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001)))
(2018/C 032/27)
Language of the case: English

Parties


Applicant: Hochmann Marketing GmbH, formerly Bittorrent Marketing GmbH (Neu-Isenburg, Germany), (represented by: C. Hoppe, M. Terhaag and C. Schwarz, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and M. Capostagno, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: BitTorrent, Inc. (San Francisco, California, United States) (represented by: M. Kinkeldey, S. Clotten, S. Brandstätter and C. Schmitt, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 31 August 2015 (Case R 2275/2013-5) concerning revocation proceedings between BitTorrent and Bittorrent Marketing.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hochmann Marketing GmbH, formerly Bittorrent Marketing GmbH, to pay the costs.






(1)  OJ C 191, 30.5.2016.
European Parliament legislative resolution of 12 December 2017 on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (13076/2017 — C8-0415/2017 — 2017/0193(NLE))
Date: 2017-12-12
Institutions: Committee on Foreign Affairs, Committee on Industry, Research and Energy, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Switzerland, agreement (EU), emission allowance, emission trading, environmental cooperation, greenhouse gas, ratification of an agreement, reduction of gas emissions, tradeable emission permit








C_2018369EN.01017801.xml










11.10.2018   


EN


Official Journal of the European Union


C 369/178






P8_TA(2017)0483
EU-Switzerland agreement on the linking of their greenhouse gas emissions trading systems***
European Parliament legislative resolution of 12 December 2017 on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (13076/2017 — C8-0415/2017 — 2017/0193(NLE))
(Consent)
(2018/C 369/26)

The European Parliament,






—


having regard to the draft Council decision (13076/2017),










—


having regard to the draft Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (13073/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0415/2017),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A8-0386/2017),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Swiss Confederation.
Case T-35/16: Judgment of the General Court of 12 December 2017 — Sony Computer Entertainment Europe v EUIPO — Vieta Audio (Vita) (EU trade mark — Revocation proceedings — EU word mark Vita — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Use in connection with the goods in question — Obligation to state reasons)
Date: 2017-12-12
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, trade-mark law








C_2018032EN.01002102.xml










29.1.2018   


EN


Official Journal of the European Union


C 32/21





Judgment of the General Court of 12 December 2017 — Sony Computer Entertainment Europe v EUIPO — Vieta Audio (Vita)
(Case T-35/16) (1)

((EU trade mark - Revocation proceedings - EU word mark Vita - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Use in connection with the goods in question - Obligation to state reasons))
(2018/C 032/28)
Language of the case: English

Parties


Applicant: Sony Computer Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz QC)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vieta Audio, SA (Barcelona, Spain) (represented by I. Barroso Sánchez-Lafuente, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 November 2015 (Case R 2232/2014-5), relating to revocation proceedings between Vieta Audio and Sony Computer Entertainment Europe.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 November 2015 (Case R 2232/2014-5), relating to revocation proceedings between Vieta Audio, SA and Sony Computer Entertainment Europe Ltd;










2.


Orders EUIPO to bear its own costs and to pay those incurred by Sony Computer Entertainment Europe;










3.


Orders Vieta Audio to bear its own costs.






(1)  OJ C 106, 21.3.2016.
Commission Regulation (EU) 2017/2341 of 12 December 2017 establishing a prohibition of fishing for Northern albacore in Atlantic Ocean, north of 5° N by vessels flying the flag of Spain
Date: 2017-12-12
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, Spain, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2017336EN.01000601.xml










16.12.2017   


EN


Official Journal of the European Union


L 336/6








            COMMISSION REGULATION (EU) 2017/2341
of 12 December 2017
         
establishing a prohibition of fishing for Northern albacore in Atlantic Ocean, north of 5° N by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2017/127 (2) lays down quotas for 2017.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2017.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2017 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 12 December 2017.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 24, 28.1.2017, p. 1).




ANNEX






No


33/TQ127




Member State


Spain




Stock


ALB/AN05N




Species


Northern albacore (Thunnus alalunga)




Zone


Atlantic Ocean, north of 5° N




Closing date


24.10.2017
Commission Implementing Decision (EU) 2017/2316 of 12 December 2017 repealing Decision 92/176/EEC concerning maps to be provided for use for the Animo network (notified under document C(2017) 8316) (Text with EEA relevance. )
Date: 2017-12-12
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: EU financing, information network, live animal, veterinary inspection








L_2017331EN.01007801.xml










14.12.2017   


EN


Official Journal of the European Union


L 331/78








            COMMISSION IMPLEMENTING DECISION (EU) 2017/2316
of 12 December 2017
         
repealing Decision 92/176/EEC concerning maps to be provided for use for the Animo network


(notified under document C(2017) 8316)


(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (1) and in particular Article 20(3) thereof,

Whereas:







(1)


To introduce a computerised system linking the veterinary authorities (Animo network) the Commission adopted Decisions 91/398/EEC (2) 92/175/EEC (3), and 92/176/EEC (4).












(2)


Decision 91/398/EEC and Decision 92/175/EEC have been repealed and the Animo network has been replaced by the Trade Control and Expert System (Traces) online management tool covering all sanitary requirements on intra-EU trade and importation of animals, semen and embryo, food, feed and plants.












(3)


Decision 92/176/EEC should therefore be repealed.












(4)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS DECISION:



Article 1
Decision 92/176/EEC is repealed.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 12 December 2017.


For the Commission

Vytenis ANDRIUKAITIS
            

Member of the Commission






(1)  
            OJ L 224, 18.8.1990, p. 29.

(2)  Commission Decision 91/398/EEC of 19 July 1991 on a computerised network linking veterinary authorities (Animo) (OJ L 221, 9.8.1991, p. 30).

(3)  Commission Decision 92/175/EEC of 21 February 1992 establishing the list and identity of the units in the computerized network Animo (OJ L 80, 25.3.1992, p. 1).

(4)  Commission Decision 92/176/EEC of 2 March 1992 concerning maps to be provided for use for the Animo network (OJ L 80, 25.3.1992, p. 33).
Non-opposition to a notified concentration (Case M.8239 — NKT Holding A/S/ABB High Voltage Cable Business) (Text with EEA relevance. )
Date: 2017-12-12
Institutions: European Commission
Subjects: economic concentration, electrical engineering, electronics industry, merger control








C_2017425EN.01000301.xml










12.12.2017   


EN


Official Journal of the European Union


C 425/3





Non-opposition to a notified concentration
(Case M.8239 — NKT Holding A/S/ABB High Voltage Cable Business)
(Text with EEA relevance)
(2017/C 425/02)
On 27 February 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 32017M8239. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo apply
Date: 2017-12-12
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, economic sanctions, international sanctions, natural person, personal data, trade restriction








C_2017425EN.01000801.xml










12.12.2017   


EN


Official Journal of the European Union


C 425/8





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo apply
(2017/C 425/05)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Regulation (EC) No 1183/2005 (2).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EC) No 1183/2005.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 193, 23.7.2005, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.