do-me/EUR-LEX huggingface dataset:
Case T-651/16: Judgment of the General Court of 14 March 2018 — Crocs v EUIPO — Gifi Diffusion (Footwear) (Community design — Invalidity proceedings — Registered Community design representing footwear — Earlier Community design — Ground for invalidity — Lack of novelty — Disclosure prior to the priority date — Examination of the facts of the Office’s own motion — Additional evidence adduced before the Board of Appeal — Articles 5, 7 and Article 63(2) of Regulation (EC) No 6/2002)
Date: 2018-03-14
Institutions: General Court
Subjects: designs and models, footwear industry








C_2018152EN.01003001.xml










30.4.2018   


EN


Official Journal of the European Union


C 152/30





Judgment of the General Court of 14 March 2018 — Crocs v EUIPO — Gifi Diffusion (Footwear)
(Case T-651/16) (1)

((Community design - Invalidity proceedings - Registered Community design representing footwear - Earlier Community design - Ground for invalidity - Lack of novelty - Disclosure prior to the priority date - Examination of the facts of the Office’s own motion - Additional evidence adduced before the Board of Appeal - Articles 5, 7 and Article 63(2) of Regulation (EC) No 6/2002))
(2018/C 152/36)
Language of the case: English

Parties


Applicant: Crocs, Inc. (Niwot, Colorado, United States) (represented by: H. Seymour, L. Cassidy, J. Guise and D. Knight, Solicitors, N. Hadjadj Cazier, M. Berger and H. Haouideg, 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, intervener before the General Court: Gifi Diffusion (Villeneuve-sur-Lot, France) (represented by: C. de Chassey, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 6 June 2016 (Case R 853/2014-3), relating to invalidity proceedings between Gifi Diffusion and Crocs.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Crocs, Inc. to bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Gifi Diffusion in the proceedings before the General Court.






(1)  OJ C 410, 7.11.2016.
European Parliament decision of 14 March 2018 on the Council recommendation for appointment of the Vice-President of the European Central Bank (N8-0053/2018 – C8-0040/2018 – 2018/0804(NLE))
Date: 2018-03-14
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: European Central Bank, appointment of members, vice-president of an institution








C_2019162EN.01013501.xml










10.5.2019   


EN


Official Journal of the European Union


C 162/135






P8_TA(2018)0071
Appointment of the Vice-President of the European Central Bank
European Parliament decision of 14 March 2018 on the Council recommendation for appointment of the Vice-President of the European Central Bank (N8-0053/2018 – C8-0040/2018 – 2018/0804(NLE))
(Consultation)
(2019/C 162/21)

The European Parliament,







—


having regard to the Council’s recommendation of 20 February 2018 (N8-0053/2018) (1),










—


having regard to Article 283(2), second subparagraph, of the Treaty on the Functioning of the European Union, pursuant to which the European Council consulted Parliament (C8-0040/2018),










—


having regard to Rule 122 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A8-0056/2018),










A.


whereas, by letter of 22 February 2018, the European Council consulted Parliament on the nomination of Luis de Guindos as Vice-President of the European Central Bank for a term of office of eight years, with effect from 1 June 2018;










B.


whereas Parliament’s Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union and in the light of the need for full independence of the ECB pursuant to Article 130 of that Treaty; whereas in carrying out that evaluation, the committee received a curriculum vitae from the nominee as well as his replies to the written questionnaire that had been sent to him;










C.


whereas the committee subsequently held a one-and-a-quarter-hour hearing with the nominee on 26 February 2018, at which he made an opening statement and then responded to questions from the members of the committee;










D.


whereas Parliament expresses concerns regarding gender balance, the selection procedure, the timing of the appointment and political independence, and requests that the Council engage in a dialogue with Parliament as regards how to improve the process for upcoming appointments;












1.


Delivers a favourable opinion on the Council recommendation to appoint Luis de Guindos as Vice-President of the European Central Bank;












2.


Instructs its President to forward this decision to the European Council, the Council and the governments of the Member States.






(1)  OJ C 67, 22.2.2018, p. 1.
Prior notification of a concentration (Case M.8765 — Lenovo/Fujitsu/FCCL) (Text with EEA relevance. )
Date: 2018-03-14
Institutions: European Commission
Subjects: economic concentration, information technology industry, merger control








C_2018096EN.01003101.xml










14.3.2018   


EN


Official Journal of the European Union


C 96/31





Prior notification of a concentration
(Case M.8765 — Lenovo/Fujitsu/FCCL)
(Text with EEA relevance)
(2018/C 96/08)






1.


On 7 March 2018, 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:






—


Lenovo Group Limited (‘Lenovo’, People’s Republic of China),










—


Fujitsu Limited (‘Fujitsu’, Japan), and










—


Fujitsu Client Computing Limited (‘FCCL’, Japan), a newly created joint venture between Lenovo and Fujitsu.




The Transaction consists in the establishment of a joint venture, FCCL, between Lenovo and Fujitsu, through Lenovo acquiring a majority stake in certain assets relating to Fujitsu's personal computer business.










2.


The business activities of the undertakings concerned are:
—   for Lenovo: multinational computer technology group that develops, manufactures and markets desktops and notebook, workstations, servers, storage drives, and IT management software. Lenovo also manufactures smart mobile devices, and offers IT services,
—   for Fujitsu: information and communication technology company offering a wide range of technology products, solutions and services. Among others, Fujitsu is active in the design, manufacturing, and marketing of desktops, notebooks, and tablets,
—   for FCCL: the JV will comprise most of Fujitsu’s personal computer business, notably its desktops, notebooks and tablets, as well as various accessories and peripherals, including R&D functions. The JV will, however, not include the following functions of Fujitsu’s personal computer business which will be retained by Fujitsu: (i) the manufacturing of desktops and certain tablets; and (ii) sales and post-sales support/maintenance for non-consumer customers.










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.8765 — Lenovo/Fujitsu/FCCL
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’).