do-me/EUR-LEX huggingface dataset:
Case C-45/17: Judgment of the Court (Tenth Chamber) of 18 January 2018 (request for a preliminary ruling from the Conseil d’État — France) — Frédéric Jahin v Ministre de l’Économie et des Finances, Ministre des Affaires sociales et de la Santé (Reference for a preliminary ruling — Free movement of capital — Articles 63 TFEU and 65 TFEU — Regulation (EC) No 883/2004 — Article 11 — Levies on income from assets contributing to the financing of the social security scheme of a Member State — Exemption for nationals of the European Union affiliated to a social security scheme of another Member State — Natural persons affiliated to a social security scheme of a third country — Difference of treatment — Restriction — Justification)
Date: 2018-01-18
Institutions: Court of Justice
Subjects: EU national, equal treatment, free movement of capital, investment income, nationality, natural person, social-security contribution, third country








C_2018083EN.01000502.xml










5.3.2018   


EN


Official Journal of the European Union


C 83/5





Judgment of the Court (Tenth Chamber) of 18 January 2018 (request for a preliminary ruling from the Conseil d’État — France) — Frédéric Jahin v Ministre de l’Économie et des Finances, Ministre des Affaires sociales et de la Santé
(Case C-45/17) (1)

((Reference for a preliminary ruling - Free movement of capital - Articles 63 TFEU and 65 TFEU - Regulation (EC) No 883/2004 - Article 11 - Levies on income from assets contributing to the financing of the social security scheme of a Member State - Exemption for nationals of the European Union affiliated to a social security scheme of another Member State - Natural persons affiliated to a social security scheme of a third country - Difference of treatment - Restriction - Justification))
(2018/C 083/07)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Frédéric Jahin

Defendants: Ministre de l’Économie et des Finances, Ministre des Affaires sociales et de la Santé

Operative part of the judgment

Articles 63 TFEU and 65 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which a national of that Member State who resides in a third country other than a Member State of the European Economic Area (EEA) or the Swiss Confederation and is affiliated to a social security scheme in that third country is subject, in that Member State, to levies on income from assets for the purpose of contributing to the social security scheme established by that Member State, whereas an EU national covered by a social security scheme of another Member State is exempted therefrom by reason of the principle that the legislation of a single Member State only is to apply in matters of social security pursuant to Article 11 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.


(1)  OJ C 121, 18.4.2017.
Case T-178/17: Order of the General Court of 18 January 2018 — W&O medical esthetics GmbH v EUIPO — Fidia farmaceutici (HYALSTYLE) (EU trade mark — Invalidity proceedings — EU word mark HYALSTYLE — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) — Request for the hearing of witnesses — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Action in part manifestly inadmissible and in part manifestly unfounded in law)
Date: 2018-01-18
Institutions: General Court
Subjects: EU trade mark, cosmetic product, pharmaceutical product, registered trade mark, trade-mark law, veterinary medicinal product








C_2018094EN.01002701.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/27





Order of the General Court of 18 January 2018 — W&O medical esthetics GmbH v EUIPO — Fidia farmaceutici (HYALSTYLE)
(Case T-178/17) (1)

((EU trade mark - Invalidity proceedings - EU word mark HYALSTYLE - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) - Request for the hearing of witnesses - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Action in part manifestly inadmissible and in part manifestly unfounded in law))
(2018/C 094/36)
Language of the case: English

Parties


Applicant: W&O medical esthetics GmbH (Oberursel, Germany) (represented by: A. Finkentey, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 January 2017 (Case R 872/2016-1), relating to invalidity proceedings between W&O medical esthetics and Fidia farmaceutici.

Operative part of the order







1.


The action is dismissed.










2.


W&O medical esthetics GmbH shall bear its own costs and those of the European Union Intellectual Property Office (EUIPO) and of Fidia farmaceutici SpA.






(1)  OJ C 144, 8.5.2017.
Case C-270/16: Judgment of the Court (Third Chamber) of 18 January 2018 (request for a preliminary ruling from the Juzgado de lo Social No 1 de Cuenca — Spain) — Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA, Ministerio Fiscal (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(i) — Prohibition of discrimination based on disability — National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even where justified — Worker’s absences resulting from illnesses linked to his disability — Difference in treatment based on disability — Indirect discrimination — Whether justified — Combating absenteeism in the workplace — Whether appropriate — Whether proportionate)
Date: 2018-01-18
Institutions: Court of Justice
Subjects: absenteeism, discrimination based on disability, dismissal, equal treatment, illness, principle of proportionality, worker with disabilities








C_2018083EN.01000301.xml










5.3.2018   


EN


Official Journal of the European Union


C 83/3





Judgment of the Court (Third Chamber) of 18 January 2018 (request for a preliminary ruling from the Juzgado de lo Social No 1 de Cuenca — Spain) — Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA, Ministerio Fiscal
(Case C-270/16) (1)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(2)(b)(i) - Prohibition of discrimination based on disability - National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even where justified - Worker’s absences resulting from illnesses linked to his disability - Difference in treatment based on disability - Indirect discrimination - Whether justified - Combating absenteeism in the workplace - Whether appropriate - Whether proportionate))
(2018/C 083/03)
Language of the case: Spanish

Referring court

Juzgado de lo Social No 1 de Cuenca

Parties to the main proceedings


Applicant: Carlos Enrique Ruiz Conejero

Defendant: Ferroser Servicios Auxiliares SA, Ministerio Fiscal

Operative part of the judgment

Article 2(2)(b)(i) of Council Directive 2008/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation under which an employer may dismiss a worker on the grounds of his intermittent absences from work, even if justified, in a situation where those absences are the consequence of sickness attributable to a disability suffered by that worker, unless that legislation, while pursuing the legitimate aim of combating absenteeism, does not go beyond what is necessary in order to achieve that aim, which is a matter for the referring court to assess.


(1)  OJ C 279, 1.8.2016.
Case T-784/17 R: Order of the President of the General Court of 18 January 2018 — Strabag Belgium v Parliament (Application for interim relief — Public works contracts — Application for interim measures — Standstill period — Abnormally low bid — Prima facie case — Urgency — Weighing of the competing interests)
Date: 2018-01-18
Institutions: General Court
Subjects: Belgium, Brussels region, award of contract, building, invitation to tender, works contract








C_2018094EN.01002801.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/28





Order of the President of the General Court of 18 January 2018 — Strabag Belgium v Parliament
(Case T-784/17 R)
((Application for interim relief - Public works contracts - Application for interim measures - Standstill period - Abnormally low bid - Prima facie case - Urgency - Weighing of the competing interests))
(2018/C 094/37)
Language of the case: French

Parties


Applicant: Strabag Belgium (Antwerp, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

Defendant: European Parliament (represented by: Z. Nagy and B. Simon, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU seeking, first, a suspension of execution of the Parliament’s decision of 24 November 2017 to reject the applicant’s tender and to award to five tenderers the framework contract involving general contractor works for the Parliament buildings in Brussels (Belgium) (call for tenders 06/D 20/2017/M036) and, second, an order requiring the Parliament to produce various documents.

Operative part of the order







1.


Execution of the European Parliament’s decision of 24 November 2017 to reject Strabag Belgium’s tender and to award to five tenderers the framework contract involving general contractor works for Parliament buildings in Brussels (Belgium) (call for tenders 06/D 20/2017/M036) is suspended.










2.


The remainder of the application is dismissed.










3.


The order of 6 December 2017, Strabag Belgium v Parliament (T-784/17 R), is cancelled.










4.


The costs are reserved.
New national side of euro coins intended for circulation
Date: 2018-01-18
Institutions: European Commission
Subjects: Latvia, commemoration, euro, issuing of currency




C_2018016EN.01000301.xml










18.1.2018   


EN


Official Journal of the European Union


C 16/3





New national side of euro coins intended for circulation
(2018/C 16/03)



Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Latvia


Subject of commemoration
: Estonia, Latvia and Lithuania will jointly issue a commemorative euro coin with a common design in 2018, celebrating the establishment of the States of Estonia and Latvia and the re-establishment of the State of Lithuania


Description of the design
: The three baltic States are symbolically represented as a braid. They are united by their history: a common past, present and future. A stylized numeral representing the 100th anniversary, and the heraldic signs of all three States, are featured as well. At the left side is the name of the issuing country ‘LATVIJA’ and at the right side is the year of issuance ‘2018’. The design was selected by public voting in all three Baltic countries.
The coin’s outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 


Date of issue
: First quarter of 2018


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
European Parliament legislative resolution of 18 January 2018 on the draft Council decision on the conclusion on behalf of the European Union of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled (12629/2017 — C8-0375/2017 — 2014/0297(NLE))
Date: 2018-01-18
Institutions: Committee on Culture and Education, Committee on Employment and Social Affairs, Committee on Legal Affairs, Committee on Women’s Rights and Gender Equality, European Parliament
Subjects: World Intellectual Property Organisation, copyright, cross-frontier data flow, facilities for people with disabilities, literary and artistic property, multilateral agreement, physically disabled person, ratification of an agreement, reprography








C_2018458EN.01049801.xml










19.12.2018   


EN


Official Journal of the European Union


C 458/498






P8_TA(2018)0016
Marrakesh Treaty: facilitating the access to published works for persons who are blind, visually impaired, or otherwise print disabled ***
European Parliament legislative resolution of 18 January 2018 on the draft Council decision on the conclusion on behalf of the European Union of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled (12629/2017 — C8-0375/2017 — 2014/0297(NLE))
(Consent)
(2018/C 458/18)

The European Parliament,






—


having regard to the draft Council decision (12629/2017),










—


having regard to the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled (5905/2015),










—


having regard to the request for consent submitted by the Council in accordance with Article 114 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0375/2017),










—


having regard to the opinion of the Court of Justice of 14 February 2017 (1),










—


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 Legal Affairs (A8-0400/2017),












1.


Gives its consent to the conclusion of the Marrakesh Treaty;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the World Intellectual Property Organization (WIPO).






(1)  Opinion of the Court of Justice of 14 February 2017, 3/15, ECLI:EU:C:2017:114.
Case C-678/16 P: Order of the Court (Eighth Chamber) of 18 January 2018 — Monster Energy Company v European Union Intellectual Property Office (EUIPO) (Appeal — Rules of Procedure — Article 181 — EU trade mark — Opposition proceedings — Figurative mark containing the word elements ‘HotoGo self-heating can technology’ — Composite mark — Application for registration — Opposition — Rejection — Appeal manifestly inadmissible)
Date: 2018-01-18
Institutions: Court of Justice
Subjects: EU trade mark, beverage, registered trade mark, trade-mark law








C_2018083EN.01000802.xml










5.3.2018   


EN


Official Journal of the European Union


C 83/8





Order of the Court (Eighth Chamber) of 18 January 2018 — Monster Energy Company v European Union Intellectual Property Office (EUIPO)
(Case C-678/16 P) (1)

((Appeal - Rules of Procedure - Article 181 - EU trade mark - Opposition proceedings - Figurative mark containing the word elements ‘HotoGo self-heating can technology’ - Composite mark - Application for registration - Opposition - Rejection - Appeal manifestly inadmissible))
(2018/C 083/11)
Language of the case: English

Parties


Appellant: Monster Energy Company (represented by: P. Brownlow, Solicitor)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: A. Folliard-Monguiral, acting as Agent)

Operative part of the order







1.


The appeal is dismissed.










2.


Monster Energy Company shall pay the costs.






(1)  OJ C 144, 8.5.2017.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance. )
Date: 2018-01-18
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical product, chromium, health control, health risk, market approval, marketing standard, metal coating, oxide








C_2018016EN.01000201.xml










18.1.2018   


EN


Official Journal of the European Union


C 16/2





Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006
 (1)
)

(Text with EEA relevance)
(2018/C 16/02)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised use


Date of expiry of review period


Reasons for the decision




C(2018) 12


11 January 2018


Chromium trioxide
EC No 215-607-8, CAS No 1333-82-0


Abloy Oy, Wahlforssinkatu 20, 80100 Joensuu, Finland


REACH/17/29/0


Use of chromium trioxide in electroplating of mechanical and electromechanical cylinders, cam locks and padlocks, electromechanical lock cases and architectural hardware. This use does not cover electroplating of interior door handles, office furniture locks and plates for interior doors.


21 September 2029


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies for the applicant before the sunset date




REACH/17/29/1


Use of chromium trioxide in electroplating of interior door handles, office furniture locks and plates for interior doors.


31 December 2019






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
Commission Implementing Regulation (EU) 2018/80 of 18 January 2018 on the minimum selling price for skimmed milk powder for the 16th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2018-01-18
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2018014EN.01003501.xml










19.1.2018   


EN


Official Journal of the European Union


L 14/35








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/80
of 18 January 2018
         
on the minimum selling price for skimmed milk powder for the 16th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the 16th partial invitation to tender, a minimum selling price should be fixed.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 16th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 16 January 2018, the minimum selling price shall be 119,00 EUR/100 kg.


Article 2
This Regulation shall enter into force on the day 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, 18 January 2018.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Corrigendum to Definitive adoption (EU, Euratom) 2017/30 of amending budget No 5 of the European Union for the financial year 2017 (OJ L 9, 12.1.2018)
Date: 2018-01-18
Institutions: European Parliament
Subjects: EU expenditure, European Commission, adoption of the budget, amending budget, financial year, general budget (EU)








L_2018013EN.01002701.xml










18.1.2018   


EN


Official Journal of the European Union


L 13/27







Corrigendum to Definitive adoption (EU, Euratom) 2017/30 of amending budget No 5 of the European Union for the financial year 2017

(
Official Journal of the European Union L 9 of 12 January 2018
)


In the Contents page and on page 1 in the title:
for:

               ‘2017/30’,
read:

               ‘2018/30’.
Case T-642/16: Order of the General Court of 18 January 2018 — Iame v EUIPO — Industrie Aeronautiche Reggiane (Parilla)
Date: 2018-01-18
Institutions: General Court
Subjects: EU trade mark, education, engine, registered trade mark, sporting event, trade-mark law








C_2018094EN.01003602.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/36





Order of the General Court of 18 January 2018 — Iame v EUIPO — Industrie Aeronautiche Reggiane (Parilla)
(Case T-642/16) (1)

(2018/C 094/48)
Language of the case: Italian
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 392, 24.10.2016.