do-me/EUR-LEX huggingface dataset:
Case T-292/16: Order of the General Court of 15 December 2017 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MONT ORIGINAL Super Slims) (EU trade mark — Invalidity proceedings — Revocation of the earlier EU figurative trade mark GOLD MOUNT — No need to adjudicate)
Date: 2017-12-15
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco, tobacco industry, trade-mark law








C_2018063EN.01001201.xml










19.2.2018   


EN


Official Journal of the European Union


C 63/12





Order of the General Court of 15 December 2017 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MONT ORIGINAL Super Slims)
(Case T-292/16) (1)

((EU trade mark - Invalidity proceedings - Revocation of the earlier EU figurative trade mark GOLD MOUNT - No need to adjudicate))
(2018/C 063/15)
Language of the case: English

Parties


Applicant: Kaane American International Tobacco Co. FZE, formerly Kaane American International Tobacco Co. Ltd (Jebel Ali, United Arab Emirates) (represented by: G. Hinarejos Mulliez and I. Valdelomar Serrano, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Global Tobacco FZCO (Dubai, United Arab Emirates) (represented by: G. Hussey, Solicitor, and B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 April 2016 (Case R 2492/2014-4), relating to invalidity proceedings between Kaane American International Tobacco and Global Tobacco.

Operative part of the order







1.


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










2.


Each party shall bear its own costs.






(1)  OJ C 279, 1.8.2016.
Euro exchange rates
Date: 2017-12-15
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017431EN.01000701.xml










15.12.2017   


EN


Official Journal of the European Union


C 431/7





Euro exchange rates (1)

14 December 2017
(2017/C 431/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1845 




JPY


Japanese yen


133,39 




DKK


Danish krone


7,4433 




GBP


Pound sterling


0,88163 




SEK


Swedish krona


9,9488 




CHF


Swiss franc


1,1686 




ISK


Iceland króna


 




NOK


Norwegian krone


9,7783 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,695 




HUF


Hungarian forint


314,07 




PLN


Polish zloty


4,2220 




RON


Romanian leu


4,6330 




TRY


Turkish lira


4,5855 




AUD


Australian dollar


1,5452 




CAD


Canadian dollar


1,5196 




HKD


Hong Kong dollar


9,2499 




NZD


New Zealand dollar


1,6934 




SGD


Singapore dollar


1,5950 




KRW


South Korean won


1 288,74 




ZAR


South African rand


15,9540 




CNY


Chinese yuan renminbi


7,8278 




HRK


Croatian kuna


7,5478 




IDR


Indonesian rupiah


16 077,22 




MYR


Malaysian ringgit


4,8377 




PHP


Philippine peso


59,902 




RUB


Russian rouble


69,6190 




THB


Thai baht


38,505 




BRL


Brazilian real


3,9529 




MXN


Mexican peso


22,6237 




INR


Indian rupee


76,2465 






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 220/2017 of 15 December 2017 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1628]
Date: 2017-12-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, import (EU), organic product, originating product, revision of an agreement, surveillance concerning imports, third country




L_2019254EN.01002501.xml










3.10.2019   


EN


Official Journal of the European Union


L 254/25








            DECISION OF THE EEA JOINT COMMITTEE
         
No 220/2017
of 15 December 2017
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1628]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2017/872 of 22 May 2017 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 54bb (Commission Regulation (EC) No 1235/2008) of Chapter XII of Annex II to the EEA Agreement:






‘—



32017 R 0872: Commission Implementing Regulation (EU) 2017/872 of 22 May 2017 (OJ L 134, 23.5.2017, p. 6).’






Article 2
The text of Implementing Regulation (EU) 2017/872 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 December 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 December 2017.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 134, 23.5.2017, p. 6.

(*1)  No constitutional requirements indicated.
Case T-284/17: Order of the General Court of 15 December 2017 — Le Pen v Parliament (Action for annulment and compensation — Institutional law — Member of the European Parliament — Privileges and immunities — Decision to withdraw parliamentary immunity — No longer any locus standi — No need, in part, to adjudicate — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
Date: 2017-12-15
Institutions: General Court
Subjects: Member of the European Parliament, damages, equal treatment, parliamentary immunity, rights of the defence








C_2018052EN.01003002.xml










12.2.2018   


EN


Official Journal of the European Union


C 52/30





Order of the General Court of 15 December 2017 — Le Pen v Parliament
(Case T-284/17) (1)

((Action for annulment and compensation - Institutional law - Member of the European Parliament - Privileges and immunities - Decision to withdraw parliamentary immunity - No longer any locus standi - No need, in part, to adjudicate - Action in part manifestly inadmissible and in part manifestly devoid of any basis in law))
(2018/C 052/43)
Language of the case: French

Parties


Applicant: Marion Anne Perrine Le Pen (Saint-Cloud, France) (represented initially by: M. Ceccaldi, and subsequently by: R. Bosselut, lawyers)

Defendant: European Parliament (represented by: M. Dean and S. Alonso de León, acting as Agents)

Re:

Firstly, application on the basis of Article 263 TFEU seeking the annulment of Decision P8_TA(2017)0056 of the Parliament of 2 March 2017 to withdraw the applicant’s parliamentary immunity and, secondly, application on the basis of Article 268 TFEU seeking compensation for the loss allegedly suffered by the applicant.

Operative part of the order







1.


There is no longer any need to adjudicate on the application for annulment of Decision P8_TA(2017)0056 of the Parliament of 2 March 2017 to withdraw the parliamentary immunity of Ms Marion Anne Perrine Le Pen.










2.


The remainder of the action is dismissed.










3.


Ms Le Pen shall bear her own costs and pay those incurred by the Parliament.






(1)  OJ C 231, 17.7.2017.
Prior notification of a concentration (Case M.8665 — Discovery/Scripps) (Text with EEA relevance. )
Date: 2017-12-15
Institutions: European Commission
Subjects: economic concentration, merger control, television








C_2017431EN.01000901.xml










15.12.2017   


EN


Official Journal of the European Union


C 431/9





Prior notification of a concentration
(Case M.8665 — Discovery/Scripps)
(Text with EEA relevance)
(2017/C 431/06)






1.


On 8 December 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:






—


Discovery Communications, Inc. (‘Discovery’, United States),










—


Scripps Networks Interactive, Inc. (‘Scripps’, United States).




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










2.


The business activities of the undertakings concerned are:
—   for Discovery: a global media company that provides content across multiple distribution platorms, including linear platforms such as pay-television, free-to-air, and various digital distribution platforms around the world,
—   for Scripps: a global media company providing primarily home, food, travel and other related programming.










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.










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.8665 — Discovery/Scripps
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’).
Decision of the EEA Joint Committee No 246/2017 of 15 December 2017 amending Annex XX (Environment) to the EEA Agreement [2019/1652]
Date: 2017-12-15
Institutions: EEA Joint Committee
Subjects: EU environmental policy, European Economic Area, atmospheric pollutant, exchange of information, pollution, pollution control measures, reduction of gas emissions, revision of an agreement, technological change, turbine




L_2019254EN.01006301.xml










3.10.2019   


EN


Official Journal of the European Union


L 254/63








            DECISION OF THE EEA JOINT COMMITTEE
         
No 246/2017
of 15 December 2017
         
amending Annex XX (Environment) to the EEA Agreement [2019/1652]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 1fp (Commission Implementing Decision (EU) 2017/902) of Annex XX to the EEA Agreement:






‘1fq.



32017 D 1442: Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (OJ L 212, 17.8.2017, p. 1).’






Article 2
The text of Implementing Decision (EU) 2017/1442 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 December 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 December 2017.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 212, 17.8.2017, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 210/2017 of 15 December 2017 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/1619]
Date: 2017-12-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal disease, live animal, livestock, revision of an agreement, trade restriction, transport of animals, vaccination, veterinary inspection




L_2019254EN.01000501.xml










3.10.2019   


EN


Official Journal of the European Union


L 254/5








            DECISION OF THE EEA JOINT COMMITTEE
         
No 210/2017
of 15 December 2017
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/1619]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding live animals other than fish and aquaculture animals. Legislation concerning these matters shall not apply to Iceland, as specified in paragraph 2 of the Introductory Part of Chapter I of Annex I to the EEA Agreement. This Decision is therefore not to apply to Iceland.












(3)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(4)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 152 (Commission Implementing Decision (EU) 2016/2008) in Part 1.2 of Chapter I of Annex I to the EEA Agreement:






‘—



32017 D 1460: Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 (OJ L 208, 11.8.2017, p. 42).’






Article 2
The text of Implementing Decision (EU) 2017/1460 in the Norwegian language, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 December 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 December 2017.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 208, 11.8.2017, p. 42.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 211/2017 of 15 December 2017 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/1620]
Date: 2017-12-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal feedingstuffs, animal protein, farm animal, health certificate, insect, labelling, market approval, revision of an agreement, veterinary inspection




L_2019254EN.01000701.xml










3.10.2019   


EN


Official Journal of the European Union


L 254/7








            DECISION OF THE EEA JOINT COMMITTEE
         
No 211/2017
of 15 December 2017
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2019/1620]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2017/893 of 24 May 2017 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annexes X, XIV and XV to Commission Regulation (EU) No 142/2011 as regards the provisions on processed animal protein (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in points 9c (Commission Regulation (EU) No 142/2011) and 12 (Regulation (EC) No 999/2001 of the European Parliament and of the Council) in Part 7.1 of Chapter I of Annex I to the EEA Agreement:






‘—



32017 R 0893: Commission Regulation (EU) 2017/893 of 24 May 2017 (OJ L 138, 25.5.2017, p. 92).’






Article 2
The text of Regulation (EU) 2017/893 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 December 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 December 2017.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 138, 25.5.2017, p. 92.

(*1)  No constitutional requirements indicated.
Case C-705/17: Request for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 15 December 2017 — Patent-och registreringsverket v Mats Hansson
Date: 2017-12-15
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2018083EN.01001202.xml










5.3.2018   


EN


Official Journal of the European Union


C 83/12





Request for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 15 December 2017 — Patent-och registreringsverket v Mats Hansson
(Case C-705/17)
(2018/C 083/19)
Language of the case: Swedish

Referring court

Svea hovrätt

Parties to the main proceedings


Applicant: Patent-och registreringsverket

Defendant: Mats Hansson

Questions referred







1.


Must Article 4(1)(b) of the Trade Marks Directive (1) be interpreted as meaning that the global assessment of all relevant factors which is to be made in an assessment of the likelihood of confusion may be affected by the fact that an element of the trade mark has expressly been excluded from protection on registration, that is to say, that a so-called disclaimer has been entered on registration?










2.


If the answer to the first question is in the affirmative, can the disclaimer in such a case affect the global assessment in such a way that the competent authority has regard to the element in question but gives it a more limited importance so that it is not regarded as being distinctive, even if the element would de facto be distinctive and prominent in the earlier trade mark?










3.


If the answer to the first question is in the affirmative and the answer to the second question in the negative, can the disclaimer even so affect the global assessment in any other way?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008, L 299, p. 25).
Case T-812/17: Action brought on 15 December 2017 — Seco Belgium and Vinçotte v Parliament
Date: 2017-12-15
Institutions: General Court
Subjects: award of contract, equal treatment, public building, rights of the defence, services contract, tendering, transparency in decision-making








C_2018052EN.01003901.xml










12.2.2018   


EN


Official Journal of the European Union


C 52/39





Action brought on 15 December 2017 — Seco Belgium and Vinçotte v Parliament
(Case T-812/17)
(2018/C 052/51)
Language of the case: French

Parties


Applicants: Seco Belgium (Brussels, Belgium) and Vinçotte (Vilvoorde, Belgium) (represented by: A. Delvaux and R. Simar, lawyers)

Defendant: European Parliament

Form of order sought

The applicants claim that the Court should:






—


declare the action for annulment admissible;










—


annul the decision, the date of which is unknown, whereby the European Parliament decided to award Contract [06D20/2017/M005 — Assignments to perform inspections and provide technical opinions in the context of construction works, projects and purchases at the European Parliament in Brussels (OJ 2017/S 118-236114)] to [another tenderer];










—


order the Parliament to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on a single plea in law, alleging infringement of Articles 1.1, 1.2 and 1.3 of the ‘Technical specifications’ annex to the Tender Specification relating to Contract Notice 06D20/2017/M005 — Assignments to perform inspections and provide technical opinions in the context of construction works, projects and purchases at the European Parliament in Brussels (OJ 2017/S 118-236114), a manifest error of assessment, infringement of general principles of EU law, breach of the duties of care and scrutiny, infringement of the principles of equal treatment and transparency, failure to fulfil the duty to state reasons deriving from, inter alia, Article 113 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1) and Article 161 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ 2012 L 362, p. 1), infringement of the right to an effective remedy, and infringement of some of the provisions governing the award of the contract in question.