do-me/EUR-LEX huggingface dataset:
Case T-157/17: Order of the General Court of 22 January 2018 — Cristalfarma v EUIPO – Novartis (ILLUMINA) (EU trade mark — Opposition proceedings — Application for EU word mark ILLUMINA — Revocation of the contested decision — Action rendered devoid of purpose — No need to adjudicate)
Date: 2018-01-22
Institutions: General Court
Subjects: EU trade mark, dietary product, pharmaceutical product, registered trade mark, trade-mark law








C_2018094EN.01002602.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/26





Order of the General Court of 22 January 2018 — Cristalfarma v EUIPO – Novartis (ILLUMINA)
(Case T-157/17) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark ILLUMINA - Revocation of the contested decision - Action rendered devoid of purpose - No need to adjudicate))
(2018/C 094/35)
Language of the case: English

Parties


Applicant: Cristalfarma Srl (Milan, Italy) (represented by: R. Almaraz Palmero, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. King and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Novartis AG (Basle, Switzerland)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 January 2017 (Case R 1187/2016-4), relating to opposition proceedings between Novartis and Cristalfarma.

Operative part of the order







1.


The request made by Cristalfarma Srl for a stay of the proceedings is rejected;










2.


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










3.


The European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay those incurred by Cristalfarma;










4.


Novartis AG shall bear its own costs.






(1)  OJ C 129, 24.4.2017.
Case C-45/18 P: Appeal brought on 22 January 2018 by Claire Staelen against the order of the General Court (Third Chamber) made on 28 November 2017 in Case T-217/11 REV, Staelen v European Ombudsman
Date: 2018-01-22
Institutions: Court of Justice
Subjects: administrator, competition (EU), equal treatment, indemnification, job application, principle of legal certainty, professional career








C_2018104EN.01002301.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/23





Appeal brought on 22 January 2018 by Claire Staelen against the order of the General Court (Third Chamber) made on 28 November 2017 in Case T-217/11 REV, Staelen v European Ombudsman
(Case C-45/18 P)
(2018/C 104/29)
Language of the case: French

Parties


Appellant: Claire Staelen (represented by: V. Olona, avocate)

Other party to the proceedings: European Ombudsman

Form of order sought

The appellant claims that the Court should:






—


set aside order T-217/11 REV;










—


declare admissible the application for revision of judgment T-217/11;










—


order the respondent to pay all costs in relation to all of the proceedings.





Grounds of appeal and main arguments

In support of the appeal, the appellant advances several grounds of appeal alleging:






—


partial illegality of Article 169 of the Rules of Procedure of the General Court;










—


infringement of Article 169(1) of the Rules of Procedure of the General Court;










—


distortion of the facts and error of law in so far as the General Court classified the decision of 19 May 2005 simultaneously as a list of suitable candidates and as a decision extending the validity of the list of suitable candidates;










—


error of law in so far as the General Court held that a decision which was not notified to all of its addressees is challengeable, as well as infringement of the principle of equal treatment;










—


distortion of the facts and manifestly contradictory findings of the General Court concerning the respondent’s alleged lack of diligence, as well as infringement of the principles of legal certainty and legitimate expectations;










—


lack of reasoning on the decisive nature of the new facts.
Case T-28/18: Action brought on 22 January 2018 — Marriott Worldwide v EUIPO — AC Milan (AC MILAN)
Date: 2018-01-22
Institutions: General Court
Subjects: EU trade mark, catering industry, hotel industry, registered trade mark, trade-mark law








C_2018094EN.01003301.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/33





Action brought on 22 January 2018 — Marriott Worldwide v EUIPO — AC Milan (AC MILAN)
(Case T-28/18)
(2018/C 094/44)
Language in which the application was lodged: English

Parties


Applicant: Marriott Worldwide Corp. (Bethesda, Maryland, United States) (represented by: A. Reid, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

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

Details of the proceedings before EUIPO


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

Trade mark at issue: International registration designating the European Union in respect of the figurative mark containing the word elements ‘AC MILAN’ – International registration designating the European Union No 1 182 615

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 16 November 2017 in Case R 356/2017-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and reject the EUTM application for the contested services; and










—


order EUIPO to pay the applicant’s costs of and occasioned by this appeal.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation 2017/1001.
Case C-41/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 22 January 2018 — Meca Srl v Comune di Napoli
Date: 2018-01-22
Institutions: Court of Justice
Subjects: civil proceedings, equal treatment, principle of legal certainty, principle of proportionality, public contract, ruling








C_2018142EN.01002701.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/27





Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 22 January 2018 — Meca Srl v Comune di Napoli
(Case C-41/18)
(2018/C 142/36)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale della Campania

Parties to the main proceedings


Applicant: Meca Srl

Defendant: Comune di Napoli

Question referred


Do the Community principles of protection of legitimate expectations and of legal certainty, laid down in the Treaty on the Functioning of the European Union (TFEU), and the principles deriving therefrom, such as those of equal treatment, non-discrimination, proportionality and effectiveness, referred to in Directive 2014/24/EU, (1) and the provisions of Article 57(4)(c) and (g) of that Directive, preclude the application of national legislation, such as the Italian legislation founded on Article 80(5)(c) of Legislative Decree No 50/2016, according to which challenging before the courts significant deficiencies identified in the performance of a previous procurement procedure, which resulted in the early termination of a previous procurement contract, excludes any assessment by the procuring entity as to the reliability of the tenderer, until a final ruling has been issued in the civil proceedings, when the undertaking concerned has not demonstrated that it has adopted any ‘self-cleaning’ measures in order to remedy the breaches and avoid any repetition of them?



(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance (OJ 2014 L 94, p. 65).
Council Decision (EU) 2018/110 of 22 January 2018 appointing an alternate member, proposed by the Portuguese Republic, of the Committee of the Regions
Date: 2018-01-22
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Portugal, appointment of members








L_2018019EN.01001101.xml










24.1.2018   


EN


Official Journal of the European Union


L 19/11








            COUNCIL DECISION (EU) 2018/110
of 22 January 2018
         
appointing an alternate member, proposed by the Portuguese Republic, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Portuguese Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 15 June 2015, by Council Decision (EU) 2015/947 (4), Mr João CUNHA E SILVA was replaced by Mr Mário Sérgio Quaresma GONÇALVES MARQUES as an alternate member.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Mário Sérgio Quaresma GONÇALVES MARQUES,





HAS ADOPTED THIS DECISION:



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






—


Ms Paula Cristina DE ARAÚJO DIAS CABAÇO DA SILVA, Secretária Regional do Turismo e Cultura da Região Autónoma da Madeira.






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




Done at Brussels, 22 January 2018.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

(4)  Council Decision (EU) 2015/947 of 15 June 2015 appointing two Portuguese members and one Portuguese alternate member of the Committee of the Regions (OJ L 154, 19.6.2015, p. 14).
Case T-36/18: Action brought on 22 January 2018 — Asahi Intecc v EUIPO — Celesio (Celeson)
Date: 2018-01-22
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2018104EN.01004801.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/48





Action brought on 22 January 2018 — Asahi Intecc v EUIPO — Celesio (Celeson)
(Case T-36/18)
(2018/C 104/61)
Language in which the application was lodged: English

Parties


Applicant: Asahi Intecc Co. Ltd (Nagoya City, Japan) (represented by: T. Schmidpeter, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Celesio AG (Stuttgart, Germany)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant

Trade mark at issue: International registration designating the European Union in respect of the mark ‘Celeson’ – International registration designating the European Union No 1 254 798

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 November 2017 in Case R 1004/2017-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


reject the opposition No B 2 644 816 filed by McKesson Europe AG (formerly Celesion AG) to the international registration designating the European Union in respect of the word mark Celeson applied for by the applicant;










—


order EUIPO to bear its own costs and pay those incurred by the applicant for the purposes of the proceedings before the Court;










—


order EUIPO and McKesson Europe AG (formerly Celesion AG) each to pay half of the costs necessarily incurred by the applicant for the purposes of the proceedings before the Board of Appeal of EUIPO.





Plea in law







—


Infringement of Artcile 8(1)(b) Regulation No 2017/1001.
Council Decision (EU, Euratom) 2018/109 of 22 January 2018 appointing six members of the Court of Auditors
Date: 2018-01-22
Institutions: Council of the European Union
Subjects: Bulgaria, Denmark, European Court of Auditors, Finland, Italy, Portugal, Spain, appointment of members








L_2018019EN.01001001.xml










24.1.2018   


EN


Official Journal of the European Union


L 19/10








            COUNCIL DECISION (EU, Euratom) 2018/109
of 22 January 2018
         
appointing six members of the Court of Auditors


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


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


Having regard to the proposals by the Republic of Bulgaria, the Kingdom of Denmark, the Kingdom of Spain, the Italian Republic, the Portuguese Republic and the Republic of Finland,


Having regard to the opinions of the European Parliament (1),

Whereas:







(1)


The terms of office of Ms Bettina Michelle JAKOBSEN, Mr Baudilio TOMÉ MUGURUZA, Mr Pietro RUSSO, Mr João FIGUEIREDO and Mr Ville ITÄLÄ are due to expire on 28 February 2018.












(2)


The term of office of Ms Iliana IVANOVA is due to expire on 31 December 2018.












(3)


New appointments should therefore be made,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed members of the Court of Auditors:






(a)


for the period from 1 March 2018 to 29 February 2024:






—


Ms Bettina Michelle JAKOBSEN,










—


Mr Baudilio TOMÉ MUGURUZA,










—


Mr Pietro RUSSO,










—


Mr João FIGUEIREDO,










—


Mr Hannu TAKKULA;














(b)


for the period from 1 January 2019 to 31 December 2024:






—


Ms Iliana IVANOVA.










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




Done at Brussels, 22 January 2018.


For the Council


The President

F. MOGHERINI
            





(1)  Opinions of 14 November 2017 (not yet published in the Official Journal).
Commission Delegated Regulation (EU) 2018/542 of 22 January 2018 correcting the Greek language version of Delegated Regulation (EU) 2017/86 establishing a discard plan for certain demersal fisheries in the Mediterranean Sea
Date: 2018-01-22
Institutions: Directorate-General for Translation, European Commission
Subjects: EU waters, Mediterranean Sea, catch by species, deep-sea fishing, discarded fish, fishery management, fishing area, fishing industry, international waters, sea fish








L_2018090EN.01006101.xml










6.4.2018   


EN


Official Journal of the European Union


L 90/61








            COMMISSION DELEGATED REGULATION (EU) 2018/542
of 22 January 2018
         
correcting the Greek language version of Delegated Regulation (EU) 2017/86 establishing a discard plan for certain demersal fisheries in the Mediterranean Sea


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Article 15(6) thereof,

Whereas:







(1)


The Greek language version of Commission Delegated Regulation (EU) 2017/86 (2) contains an error in Article 4(b)(i), (ii) and (iii), Article 4(c)(i) and (ii), Article 5(2) and in the tables of points 2 and 3 of the Annex as regards the translation of a fish species, thus affecting the scope of various provisions of that Regulation.












(2)


The Greek language version of Delegated Regulation (EU) 2017/86 should therefore be corrected accordingly. The other language versions are not affected,





HAS ADOPTED THIS REGULATION:



Article 1

(does not concern the English language)



Article 2
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, 22 January 2018.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 354, 28.12.2013, p. 22.

(2)  Commission Delegated Regulation (EU) 2017/86 of 20 October 2016 establishing a discard plan for certain demersal fisheries in the Mediterranean Sea (OJ L 14, 18.1.2017, p. 4).