do-me/EUR-LEX huggingface dataset:
Case T-584/17: Judgment of the General Court of 12 September 2018 –Primart v EUIPO — Bolton Cile España (PRIMART Marek Łukasiewicz) (EU trade mark — Opposition proceedings — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national work marks PRIMA — 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: 2018-09-12
Institutions: General Court
Subjects: EU trade mark, condiment, confectionery, foodstuff, registered trade mark, sugar, sweetener, trade-mark law








C_2018381EN.01002302.xml










22.10.2018   


EN


Official Journal of the European Union


C 381/23






Judgment of the General Court of 12 September 2018 –Primart v EUIPO — Bolton Cile España (PRIMART Marek Łukasiewicz)
(Case T-584/17) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark PRIMART Marek Łukasiewicz - Earlier national work marks PRIMA - 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 381/27)
Language of the case: English

Parties


Applicant: Przedsiębiorstwo Produkcyjno-Handlowe ‘Primart’ Marek Łukasiewicz (Wołomin, Poland) (represented by: J. Skołuda, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Bolton Cile España, SA (Madrid, Spain) (represented by: F. Celluprica, F. Fischetti and F. De Bono, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 June 2017 (Case R 1933/2016-4), relating to opposition proceedings between Bolton Cile España and Przedsiębiorstwo Produkcyjno-Handlowe ‘Primart’ Marek Łukasiewicz.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Przedsiębiorstwo Produkcyjno-Handlowe ‘Primart’ Marek Łukasiewicz to pay the costs.






(1)  OJ C 374, 6.11.2017.
Case T-257/17: Order of the General Court of 12 September 2018 — RE v Commission (Action for annulment and damages — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — No need to adjudicate — Explicit refusal of access — Modification of the form of order — Article 86(4)(a) and (b) of the Rules of Procedure — Article 76(d) of the Rules of Procedure — Inadmissibility)
Date: 2018-09-12
Institutions: General Court
Subjects: access to EU information, disclosure of information, indemnification, provision of documents, right to information








C_2018427EN.01006801.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/68






Order of the General Court of 12 September 2018 — RE v Commission
(Case T-257/17) (1)

(Action for annulment and damages - Access to documents - Regulation (EC) No 1049/2001 - Implied refusal of access - No need to adjudicate - Explicit refusal of access - Modification of the form of order - Article 86(4)(a) and (b) of the Rules of Procedure - Article 76(d) of the Rules of Procedure - Inadmissibility)
(2018/C 427/90)
Language of the case: English

Parties


Applicant: RE (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: A. Buchet and C. Ehrbar, acting as Agents)

Re:

First, application based on Article 263 TFEU seeking annulment of an implied decision of the European Commission rejecting the confirmatory application of the applicant of 20 January 2017 for access to documents and decision C(2017) 3718 final of the Secretary General of the Commission of 24 May 2017, in so far as it refuses access to a note concerning the applicant’s recruitment, and, second, application based on Article 268 TFEU seeking compensation for the harm allegedly suffered as a result of the refusal of access to those documents and of the delay in examining the application for access to the said documents.

Operative part of the order







1.


There is no longer any need to adjudicate on the claim for annulment of the implied decision of the European Commission rejecting the confirmatory application of RE of 20 January 2017 for access to documents.










2.


The action is dismissed for the remainder.










3.


Each party shall bear its own costs.






(1)  OJ C 221, 10.7.2017.
Information communicated by Member States regarding closure of fisheries
Date: 2018-09-12
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Ireland, catch by species, catch quota, crustacean, fishing area, fishing rights, sea fish, sea fishing








C_2018322EN.01000201.xml










12.9.2018   


EN


Official Journal of the European Union


C 322/2






Information communicated by Member States regarding closure of fisheries
(2018/C 322/02)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


25.7.2018




Duration


25.7.2018 – 31.12.2018




Member State


Ireland




Stock or Group of stocks


NEP/*07U16




Species


Norway lobster (Nephrops norvegicus)





Zone


Functional Unit 16 of ICES Subarea 7




Type(s) of fishing vessels


—




Reference number


13/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-905/16: Judgment of the General Court of 12 September 2018 — Chefaro Ireland v EUIPO — Laboratoires M&L (NUIT PRECIEUSE) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark NUIT PRECIEUSE — Earlier national word mark EAU PRECIEUSE — 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: 2018-09-12
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2018381EN.01002102.xml










22.10.2018   


EN


Official Journal of the European Union


C 381/21






Judgment of the General Court of 12 September 2018 — Chefaro Ireland v EUIPO — Laboratoires M&L (NUIT PRECIEUSE)
(Case T-905/16) (1)

((EU trade mark - Invalidity proceedings - International registration designating the European Union - Figurative mark NUIT PRECIEUSE - Earlier national word mark EAU PRECIEUSE - 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 381/24)
Language of the case: English

Parties


Applicant: Chefaro Ireland DAC (Dublin, Ireland)) (represented by: P. Maeyaert and J. Muyldermans, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, D. Walicka and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Laboratoires M&L SA (Manosque, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 October 2016 (Case R 2596/2015-4), relating to invalidity proceedings between Chefaro Ireland and Laboratoires M&L.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Chefaro Ireland DAC to pay the costs.






(1)  OJ C 53, 20.2.2017.
European Parliament legislative resolution of 12 September 2018 on the draft Council decision on the conclusion, on behalf of the Union, of Amendment 1 to the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (05800/2018 – C8-0122/2018 – 2018/0009(NLE))
Date: 2018-09-12
Institutions: Committee on Industry, Research and Energy, Committee on Transport and Tourism, European Parliament
Subjects: United States, air traffic, air traffic control, civil aviation, cooperation agreement (EU), international cooperation, ratification of an agreement, research and development, revision of an agreement








C_2019433EN.01024601.xml










23.12.2019   


EN


Official Journal of the European Union


C 433/246






P8_TA(2018)0335
Amendment to the US-EU Memorandum of Cooperation (deployment of air traffic management systems) ***
European Parliament legislative resolution of 12 September 2018 on the draft Council decision on the conclusion, on behalf of the Union, of Amendment 1 to the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (05800/2018 – C8-0122/2018 – 2018/0009(NLE))
(Consent)
(2019/C 433/34)

The European Parliament,







—


having regard to the draft Council decision (05800/2018),










—


having regard to Amendment 1 to the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (14031/2017).










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0122/2018),










—


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 Industry, Research and Energy (A8-0214/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the United States of America.
Prior notification of a concentration (Case M.8960 — Adient/Boeing/JV (Aircraft seats)) (Text with EEA relevance.)
Date: 2018-09-12
Institutions: European Commission
Subjects: aeronautical industry, aerospace industry, economic concentration, merger control, motor vehicle industry, spare part








C_2018322EN.01001901.xml










12.9.2018   


EN


Official Journal of the European Union


C 322/19






Prior notification of a concentration
(Case M.8960 — Adient/Boeing/JV (Aircraft seats))
(Text with EEA relevance)
(2018/C 322/09)

1.   
On 31 August 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:






—


Adient US LLC, controlled by Adient plc (‘Adient’, United States),










—


The Boeing Company (‘Boeing’, United States),










—


Adient Aerospace, LLC (United States).




Adient US LLC and Boeing acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Adient Aerospace, LLC.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:
—   for Adient: design, manufacture and marketing of a range of seating systems and seating components for passenger cars, commercial vehicles and light trucks,
—   for Boeing: design, manufacture and sale of commercial jetliners and defence, space and security systems globally,
—   for Adient Aerospace, LLC: design, development, manufacture and sale of aircraft seats.


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.8960 — Adient/Boeing/JV (Aircraft seats)
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’).
European Parliament legislative resolution of 12 September 2018 on the draft Council decision on the conclusion, on behalf of the Union and its Member States, of a Protocol amending the Agreement on Air Transport between Canada and the European Community and its Member States, to take account of the accession to the European Union of the Republic of Croatia (12256/2014 – C8-0080/2017 – 2014/0023(NLE))
Date: 2018-09-12
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Canada, Croatia, accession to the European Union, agreement (EU), air transport, protocol to an agreement, ratification of an agreement, revision of an agreement








C_2019433EN.01024701.xml










23.12.2019   


EN


Official Journal of the European Union


C 433/247






P8_TA(2018)0336
Agreement on Air Transport between Canada and the EU (accession of Croatia) ***
European Parliament legislative resolution of 12 September 2018 on the draft Council decision on the conclusion, on behalf of the Union and its Member States, of a Protocol amending the Agreement on Air Transport between Canada and the European Community and its Member States, to take account of the accession to the European Union of the Republic of Croatia (12256/2014 – C8-0080/2017 – 2014/0023(NLE))
(Consent)
(2019/C 433/35)

The European Parliament,







—


having regard to the draft Council decision (12256/2014),










—


having regard to the draft Protocol amending the Agreement on Air Transport between Canada and the European Community and its Member States, to take account of the accession to the European Union of the Republic of Croatia (12255/2014),










—


having regard to the request for consent submitted by the Council in accordance with Articles 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0080/2017),










—


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 Transport and Tourism (A8-0256/2018),












1.


Gives its consent to conclusion of the protocol;












2.


Instructs its President to forward its position to the Council the Commission, and the governments and parliaments of the Member States and of Canada.
Commission Implementing Regulation (EU) 2018/1234 of 12 September 2018 entering a name in the register of protected designations of origin and protected geographical indications ‘Marrone di Serino’/‘Castagna di Serino’ (PGI)
Date: 2018-09-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Campania, Italy, designation of origin, labelling, nut, product designation








L_2018231EN.01001801.xml










14.9.2018   


EN


Official Journal of the European Union


L 231/18








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1234
of 12 September 2018
         
entering a name in the register of protected designations of origin and protected geographical indications ‘Marrone di Serino’/‘Castagna di Serino’ (PGI)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Marrone di Serino’/‘Castagna di Serino’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Marrone di Serino’/‘Castagna di Serino’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Marrone di Serino’/‘Castagna di Serino’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 12 September 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 75, 28.2.2018, p. 6.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-304/17: Judgment of the Court (First Chamber) of 12 September 2018 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Helga Löber v Barclays Bank plc (Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Special jurisdiction — Article 5(3) — Jurisdiction in tort, delict or quasi-delict — Place where the harmful event occurred or may occur — Consumer, domiciled in a Member State, who bought, through a bank established in that Member State, securities issued by a bank established in another Member State — Jurisdiction to hear and determine the tort action brought by that consumer against the bank concerned)
Date: 2018-09-12
Institutions: Court of Justice
Subjects: bank, consumer protection, damage, establishment, financial loss, investment, nationality of legal persons, residence, securities, territorial jurisdiction








C_2018408EN.01002301.xml










12.11.2018   


EN


Official Journal of the European Union


C 408/23






Judgment of the Court (First Chamber) of 12 September 2018 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Helga Löber v Barclays Bank plc
(Case C-304/17) (1)

((Reference for a preliminary ruling - Regulation (EC) No 44/2001 - Jurisdiction in civil and commercial matters - Special jurisdiction - Article 5(3) - Jurisdiction in tort, delict or quasi-delict - Place where the harmful event occurred or may occur - Consumer, domiciled in a Member State, who bought, through a bank established in that Member State, securities issued by a bank established in another Member State - Jurisdiction to hear and determine the tort action brought by that consumer against the bank concerned))
(2018/C 408/28)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Helga Löber

Defendant: Barclays Bank plc

Operative part of the judgment

Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted to the effect that in a situation, such as that in the main proceedings, in which an investor brings, on the basis of the prospectus relating to a certificate in which he or she invested, a tort action against the bank which issued that certificate, the courts of that investor’s domicile, as the courts for the place where the harmful event occurred within the meaning of that provision, have jurisdiction to hear and determine that action, where the damage the investor claims to have suffered consists in financial loss which occurred directly in that investor’s bank account with a bank established within the jurisdiction of those courts and the other specific circumstances of that situation also contribute to attributing jurisdiction to those courts.


(1)  OJ C 269, 14.8.2017.
Commission Implementing Regulation (EU) 2018/1235 of 12 September 2018 entering a name in the register of protected designations of origin and protected geographical indications ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI)
Date: 2018-09-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Greece, Peloponnese, designation of origin, labelling, perennial vegetable, product designation








L_2018231EN.01001901.xml










14.9.2018   


EN


Official Journal of the European Union


L 231/19








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1235
of 12 September 2018
         
entering a name in the register of protected designations of origin and protected geographical indications ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece's application to register the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 12 September 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 53, 13.2.2018, p. 7.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).