do-me/EUR-LEX huggingface dataset:
Case T-625/16: Judgment of the General Court of 30 January 2018 — Przedsiębiorstwo Energetyki Cieplnej v ECHA (REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Error in the declaration relating to the size of the undertaking — Decision imposing an administrative charge — Cessation of production of the substance — Criteria for calculation of the administrative charge — Recommendation 2003/361/EC — Legal certainty — Legitimate expectations — Proportionality — Equal treatment)
Date: 2018-01-30
Institutions: General Court
Subjects: administrative formalities, aid to undertakings, chemical product, equal treatment, payment, principle of legal certainty, principle of proportionality, small and medium-sized enterprises








C_2018094EN.01002101.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/21





Judgment of the General Court of 30 January 2018 — Przedsiębiorstwo Energetyki Cieplnej v ECHA
(Case T-625/16) (1)

((REACH - Fee payable for registration of a substance - Reduction granted to SMEs - Error in the declaration relating to the size of the undertaking - Decision imposing an administrative charge - Cessation of production of the substance - Criteria for calculation of the administrative charge - Recommendation 2003/361/EC - Legal certainty - Legitimate expectations - Proportionality - Equal treatment))
(2018/C 094/27)
Language of the case: Polish

Parties


Applicant: Przedsiębiorstwo Energetyki Cieplnej sp. z o.o. (Grajewo, Poland) (represented by: T. Dobrzyński, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented initially by: E. Maurage, J.-P. Trnka and M. Heikkilä, and subsequently by: J.-P. Trnka and M. Heikkilä, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment, firstly, of ECHA Decision SME(2016) 2851 of 23 June 2016, finding that the applicant did not fulfil the conditions for the fee reduction provided for in respect of medium-sized enterprises and imposing an administrative charge on it; secondly, of the invoices Nos 10058238 and 10058239 issued by ECHA and annexed to Decision SME(2016) 2851; and, thirdly, of ECHA’s Management Board Decision MB/43/2014 of 4 June 2015 amending Decision MB/D/29/2010, as amended by Decision MB/21/2012 on the classification of services for which charges are levied.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Przedsiębiorstwo Energetyki Cieplnej sp. z o.o. to pay the costs, including those of the interim proceedings.






(1)  OJ C 402, 31.10.2016.
Non-opposition to a notified concentration (Case M.8759 — CEFC/Rockaway Capital/European Bridge Travel) (Text with EEA relevance. )
Date: 2018-01-30
Institutions: European Commission
Subjects: economic concentration, energy industry, financial services, holding company, investment company, merger control, metallurgical industry, miscellaneous industries, provision of services, tourism








C_2018033EN.01000102.xml










30.1.2018   


EN


Official Journal of the European Union


C 33/1





Non-opposition to a notified concentration
(Case M.8759 — CEFC/Rockaway Capital/European Bridge Travel)
(Text with EEA relevance)
(2018/C 33/02)
On 16 January 2018, 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 Czech 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 32018M8759. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-808/16: Judgment of the General Court of 30 January 2018 — Jean Patou Worldwide v EUIPO — Emboga (HISPANITAS JOY IS A CHOICE) (EU trade mark — Opposition proceedings — Application for EU figurative mark HISPANITAS JOY IS A CHOICE — Earlier EU word mark JOY — Genuine use of the earlier mark — Relative ground for refusal — Likelihood of confusion — 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: 2018-01-30
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2018094EN.01002202.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/22





Judgment of the General Court of 30 January 2018 — Jean Patou Worldwide v EUIPO — Emboga (HISPANITAS JOY IS A CHOICE)
(Case T-808/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark HISPANITAS JOY IS A CHOICE - Earlier EU word mark JOY - Genuine use of the earlier mark - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2018/C 094/29)
Language of the case: English

Parties


Applicant: Jean Patou Worldwide Ltd (Watford, United Kingdom) (represented by: S. Baran, Barrister)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, A. Folliard-Monguiral and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Emboga, SA (Petrel, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 June 2016 (Case R 235/2016-1), relating to opposition proceedings between Jean Patou Worldwide and Emboga.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Jean Patou Worldwide Ltd to pay the costs.






(1)  OJ C 14, 16.1.2017.
Case T-113/16: Judgment of the General Court of 30 January 2018 — Arctic Cat v EUIPO — Slazengers (Representation of a member of the cat family jumping to the right) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a member of the cat family jumping to the right — Earlier EU figurative mark representing a member of the cat family jumping to the left — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2018-01-30
Institutions: General Court
Subjects: EU trade mark, protective equipment, registered trade mark, sports equipment, trade-mark law








C_2018094EN.01001802.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/18





Judgment of the General Court of 30 January 2018 — Arctic Cat v EUIPO — Slazengers (Representation of a member of the cat family jumping to the right)
(Case T-113/16) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark representing a member of the cat family jumping to the right - Earlier EU figurative mark representing a member of the cat family jumping to the left - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2018/C 094/23)
Language of the case: English

Parties


Applicant: Arctic Cat Inc. (Thief River Falls, Minnesota, United States) (represented by: M. Hartmann and S. Fröhlich, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Slazengers Ltd (Burnham, United Kingdom)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 January 2016 (Case R 2953/2014-5), relating to opposition proceedings between Slazengers and Arctic Cat.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Arctic Cat Inc. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 175, 17.5.2016.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011, as implemented by Implementing Regulation (EU) 2018/137, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
Date: 2018-01-30
Institutions: Council of the European Union
Subjects: Tunisia, economic sanctions, international sanctions, natural person, personal data, trade restriction








C_2018033EN.01000301.xml










30.1.2018   


EN


Official Journal of the European Union


C 33/3





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011, as implemented by Implementing Regulation (EU) 2018/137, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
(2018/C 33/04)
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 Council Regulation (EU) No 101/2011 (2), as implemented by Implementing Regulation (EU) 2018/137 (3).
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




Email: 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 (EU) No 101/2011, as implemented by Implementing Regulation (EU) 2018/137.
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 (4).
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 31, 5.2.2011, p. 1.

(3)  OJ L 25, 30.1.2018, p. 1.

(4)  OJ L 296, 21.9.2004, p. 16.