do-me/EUR-LEX huggingface dataset:
Case C-129/18: Reference for a preliminary ruling from the Supreme Court of the United Kingdom (United Kingdom) made on 19 February 2018 — SM v Entry Clearance Officer, UK Visa Section
Date: 2018-02-19
Institutions: Court of Justice
Subjects: admission of aliens, child, child protection, children's rights, custody, descendant, freedom of movement








C_2018134EN.01001701.xml










16.4.2018   


EN


Official Journal of the European Union


C 134/17





Reference for a preliminary ruling from the Supreme Court of the United Kingdom (United Kingdom) made on 19 February 2018 — SM v Entry Clearance Officer, UK Visa Section
(Case C-129/18)
(2018/C 134/23)
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicant: SM

Defendant: Entry Clearance Officer, UK Visa Section

Interveners: Coram Children’s Legal Centre (CCLC) and Centre for Advice on Individual Rights in Europe (AIRE)

Questions referred







1.


Is a child who is in the permanent legal guardianship of a Union citizen or citizens, under ‘kefalah’ or some equivalent arrangement provided for in the law of his or her country of origin, a ‘direct descendant’ within the meaning of Article 2.2(c) of Directive 2004/38 (1)?










2.


Can other provisions in the Directive, in particular Articles 27 and 35, be interpreted so as to deny entry to such children if they are the victims of exploitation, abuse or trafficking or are at risk of such?










3.


Is a Member State entitled to enquire, before recognising a child who is not the consanguineous descendant of the EEA national as a direct descendant under Article 2.2(c), into whether the procedures for placing the child in the guardianship or custody of that EEA national was such as to give sufficient consideration to the best interests of that child?






(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004, L 158, p. 77).
Case T-102/18: Action brought on 19 February 2018 — Knauf v EUIPO (upgrade your personality)
Date: 2018-02-19
Institutions: General Court
Subjects: EU trade mark, electronic game, optical medium, registered trade mark, software, trade-mark law, virtual reality








C_2018134EN.01003501.xml










16.4.2018   


EN


Official Journal of the European Union


C 134/35





Action brought on 19 February 2018 — Knauf v EUIPO (upgrade your personality)
(Case T-102/18)
(2018/C 134/50)
Language of the case: German

Parties


Applicant: Martin Knauf (Berlin, Germany) (represented by: H. Jaeger, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for EU word mark ‘upgrade your personality’ — Application for registration No 15 750 029

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 December 2017 in Case R 1011/2017-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


register the EU trade mark ‘upgrade your personality’ for the following goods in Classes 9 and 28:
Class 9 — Recorded computer programs; Computer programs [downloadable software]; Software; Games software; Software programs for video games; Computer programmes for data processing; Computer graphics software; Virtual reality game software; Virtual reality software; Optical data carriers bearing recorded software; Pre-recorded magnetic data carriers; Video game cassettes; Videotapes; Pre-recorded videos
Class 28 — Games consoles.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation 2017/1001.