do-me/EUR-LEX huggingface dataset:
Case C-678/17: Order of the President of the Court of 8 November 2018 — European Commission v Ireland
Date: 2018-11-08
Institutions: Court of Justice
Subjects: State aid, aid to undertakings, audiovisual equipment, basis of tax assessment, control of State aid, corporation tax, information technology industry, reimbursement of aid, telecommunications








C_2019054EN.01001701.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/17






Order of the President of the Court of 8 November 2018 — European Commission v Ireland
(Case C-678/17) (1)

(2019/C 54/23)
Language of the case: English
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 22, 22.1.2018.
Case T-758/17: Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT BAR) (EU trade mark – Application for EU word mark PERFECT BAR – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
Date: 2018-11-08
Institutions: General Court
Subjects: EU trade mark, confectionery product, food supplement, registered trade mark, trade-mark law








C_2019004EN.01002802.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/28






Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT BAR)
(Case T-758/17) (1)

(EU trade mark - Application for EU word mark PERFECT BAR - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
(2019/C 4/39)
Language of the case: English

Parties


Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero and E. Cebollero González, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2017 (Case R 2439/2016-4), relating to an application for registration of the word sign PERFECT BAR as an EU trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2017 (Case R 2439/2016-4) in respect of ‘Protein supplements’ and ‘Dietary and nutritional supplements’;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 22, 22.1.2018.
Case T-454/17: Judgment of the General Court of 8 November 2018 — ‘Pro NGO!’ v Commission (Public procurement — Tendering procedure — Investigation by an external auditor — OLAF investigation — Finding of irregularities — Commission decision imposing an administrative penalty on the applicant — Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of six months — Registration in the Early Detection and Exclusion System database — New plea in law — Right of defence)
Date: 2018-11-08
Institutions: General Court
Subjects: EU aid, EU financing, European Anti-fraud Office, accountant, audit, disclosure of information, project evaluation, provision of documents, rights of the defence, tendering








C_2019016EN.01004202.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/42






Judgment of the General Court of 8 November 2018 — ‘Pro NGO!’ v Commission
(Case T-454/17) (1)

((Public procurement - Tendering procedure - Investigation by an external auditor - OLAF investigation - Finding of irregularities - Commission decision imposing an administrative penalty on the applicant - Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of six months - Registration in the Early Detection and Exclusion System database - New plea in law - Right of defence))
(2019/C 16/51)
Language of the case: German

Parties


Applicant:‘Pro NGO!’ (Non-Governmental-Organisations/Nicht-Regierungs-Organisationen) e.V. (Cologne, Germany) (represented by: M. Scheid, lawyer)

Defendant: European Commission (represented by: F. Dintilhac and B.-R. Killmann, acting as Agents)

Re:

Application pursuant to Article 263 TFEU, seeking annulment of the Commission decision of 16 May 2017 imposing the administrative penalty of exclusion of the applicant for a period of six months from procurement and grant award procedures financed by the general budget of the European Union and laid down in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1) and the exclusion of the applicant for the same period from the grant of funds laid down in Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (OJ 2015 L 58, p. 17).

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders ‘Pro NGO!’ (Non-Governmental-Organisations/Nicht-Regierungs-Organisationen) e.V. to pay the costs.






(1)  OJ C 330, 2.10.2017.
Winding-up proceedings — Decision to start winding-up proceedings in respect of ARX Insurance Brokers Limited (Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
Date: 2018-11-08
Institutions: European Commission
Subjects: United Kingdom, insurance company, judicial proceedings, liquidation








C_2018402EN.01000501.xml










8.11.2018   


EN


Official Journal of the European Union


C 402/5






Winding-up proceedings
Decision to start winding-up proceedings in respect of ARX Insurance Brokers Limited

(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

(2018/C 402/05)






Insurance undertaking


ARX Insurance Brokers Limited
Current Registered office: 40a Station Road, Upminster, Essex RM14 2TR, United Kingdom (Former Registered office: Room 703, One Lime Street, London EC3M 7HA, United Kingdom)
Trading address: Room 703, One Lime Street, London EC3M 7HA, United KingdomTrading name: ARX Risk Strategy
Company Registered Number: 02664287 (England)
Financial Conduct Authority Reference Number: 310561




Date, entry into force and nature of decision


5 February 2018 – Winding-up Order




Competent authorities







High Court of Justice, Chancery Division, Manchester District Registry




1 Bridge Street West, Manchester M60 9DJ, United Kingdom




No 3161 of 2017




Supervisory authority


Financial Conduct Authority (FCA), 12 Endeavor Square, London E20 1JN, United Kingdom




Administrator appointed


Darren Edwards (Insolvency Practitioner Number 10350) of Aspect Plus Limited, 40a Station Road, Upminster, Essex RM14 2TR, United Kingdom, appointed as Liquidator on 26 July 2018
Information and enquiries contact details:
Tel. +44 1708300170
Fax +44 1708202472
Email: terry@aspectplus.co.uk




Applicable law


Regulation 11 of the Insurers (Reorganisation and Winding up) Regulations 2004; Insolvency Act 1986; Insolvency (England and Wales) Rules 2016 (legislation applicable to England and Wales)
Case T-759/17: Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT Bar) (EU trade mark – Application for EU word mark PERFECT BAR – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
Date: 2018-11-08
Institutions: General Court
Subjects: EU trade mark, confectionery product, food supplement, registered trade mark, trade-mark law








C_2019004EN.01002901.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/29






Judgment of the General Court of 8 November 2018 — Perfect Bar v EUIPO (PERFECT Bar)
(Case T-759/17) (1)

(EU trade mark - Application for EU word mark PERFECT BAR - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
(2019/C 4/40)
Language of the case: English

Parties


Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J.L. Gracia Albero and E. Cebollero González, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2017 (Case R 2440/2016-4), relating to an application for registration of the figurative sign PERFECT Bar as an EU trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2017 (Case R 2440/2016-4) in respect of ‘Protein supplements’ and ‘Dietary and nutritional supplements’;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 22, 22.1.2018.
Commission Implementing Regulation (EU) 2018/1686 of 8 November 2018 on the minimum selling price for skimmed milk powder for the 27th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2018-11-08
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2018279EN.01003501.xml










9.11.2018   


EN


Official Journal of the European Union


L 279/35








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1686
of 8 November 2018
         
on the minimum selling price for skimmed milk powder for the 27th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the 27th partial invitation to tender, a minimum selling price should be fixed.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 27th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 6 November 2018, the minimum selling price shall be 125,10 EUR/100 kg.


Article 2
This Regulation shall enter into force on the day 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, 8 November 2018.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Case T-874/16: Judgment of the General Court of 8 November 2018 — RA v Court of Auditors (Civil service – Officials – Promotion – 2016 promotion exercise – Decision not to promote the applicant to grade AD 11 – No staff report – Comparison of merits)
Date: 2018-11-08
Institutions: General Court
Subjects: administrator, pay scale, promotion, staff assessment, staff regulations (EU)








C_2019004EN.01002402.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/24






Judgment of the General Court of 8 November 2018 — RA v Court of Auditors
(Case T-874/16) (1)

(Civil service - Officials - Promotion - 2016 promotion exercise - Decision not to promote the applicant to grade AD 11 - No staff report - Comparison of merits)
(2019/C 4/33)
Language of the case: French

Parties


Applicant: RA (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Court of Auditors (represented by: C. Lesauvage, E. von Bardeleben and A.-M. Cosciug, acting as Agents)

Re:

Application based on Article 270 TFEU seeking annulment of the decision of the Court of Auditors of 4 March 2016 not to promote the applicant to the next grade (AD 11), in the 2016 promotion procedure, by not including his name in the list of officials promoted in the 2016 promotion exercise.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Court of Auditors of 4 March 2016 not to promote RA to grade AD 11 in the 2016 promotion exercise;










2.


The Court of Auditors is ordered to pay all the costs.






(1)  OJ C 46, 13.2.2017.
Notice of the expiry of certain anti-dumping measures
Date: 2018-11-08
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: India, anti-dumping duty, import (EU), originating product, steel, wire








C_2018402EN.01000601.xml










8.11.2018   


EN


Official Journal of the European Union


C 402/6






Notice of the expiry of certain anti-dumping measures
(2018/C 402/06)
Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will expire.
This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (2).









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Stainless steel wires


India


Anti-dumping duty


Council Implementing Regulation (EU) No 1106/2013 of 5 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 298, 8.11.2013, p. 1)


9.11.2018






(1)  OJ C 48, 9.2.2018, p. 5


(2)  OJ L 176, 30.6.2016, p. 21.

(3)  The measure will expire at midnight of the day mentioned in this column.
Prior notification of a concentration (Case M.9151 — IFM/Trafigura/Simba Holdings) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-11-08
Institutions: European Commission
Subjects: economic concentration, investment, logistics, merger control, provision of services








C_2018402EN.01000801.xml










8.11.2018   


EN


Official Journal of the European Union


C 402/8






Prior notification of a concentration
(Case M.9151 — IFM/Trafigura/Simba Holdings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 402/08)

1.   
On 31 October 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:






—


IFM Investors Pty Ltd (‘IFM’, Australia),










—


Trafigura Group Pte Ltd (‘Trafigura’, Singapore).




IFM and Trafigura acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Simba Holding S.à r.l (‘Simba Holdings’, Luxembourg), Trafigura’s subsidiary owning and operating marine terminal facilities for dry bulk cargo, and providing transport services for liquid bulk cargo, as well as global freight forwarding and logistics services.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for IFM: global provider of investment services across infrastructure, debt investments, listed equities and private equity,
—   for Trafigura: independent commodity trading and logistics group.


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.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


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.9151 — IFM/Trafigura/Simba Holdings
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: 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’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-724/16 P: Judgment of the General Court of 8 November 2018 — Cocchi and Falcione v Commission (Appeal — Civil service — Transfer of national pension rights — Article 24 of the Staff Regulations — Duty of the European Union to provide assistance — Loss of interest of the applicants in bringing proceedings during the course of the proceedings — No need to adjudicate at first instance — Causation)
Date: 2018-11-08
Institutions: General Court
Subjects: European official, staff regulations (EU), transfer of pension rights








C_2019016EN.01003901.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/39






Judgment of the General Court of 8 November 2018 — Cocchi and Falcione v Commission
(Case T-724/16 P) (1)

((Appeal - Civil service - Transfer of national pension rights - Article 24 of the Staff Regulations - Duty of the European Union to provide assistance - Loss of interest of the applicants in bringing proceedings during the course of the proceedings - No need to adjudicate at first instance - Causation))
(2019/C 16/46)
Language of the case: French

Parties


Appellants: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented by: S. Orlandi, lawyer)

Other party to the proceedings: European Commission (G. Gattinara and F. Simonetti, acting as Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 2 August 2016, Cocchi and Falcione v Commission (F-134/11, EU:F:2016:194), seeking to have that order set aside.

Operative part of the judgment

The Court:






1.


Sets aside the order of the European Union Civil Service Tribunal (First Chamber) of 2 August 2016, Cocchi and Falcione v Commission (F-134/11) inasmuch as the European Union Civil Service Tribunal held that there was no longer any need to adjudicate on the claims for damages submitted by Mr Giorgio Cocchi and Ms Nicola Falcione at first instance;










2.


Dismisses the appeal as to the remainder;










3.


Dismisses the claims for damages submitted by Mr Cocchi and Ms Falcione in their actions at first instance under case number F-134/11;










4.


Orders each party to bear its own costs relating to the appeal proceedings and the proceedings at first instance so far as the claims for damages are concerned.






(1)  OJ C 441, 28.11.2016.
Case C-502/17: Judgment of the Court (Sixth Chamber) of 8 November 2018 (request for a preliminary ruling from the Vestre Landsret — Denmark) — C&D Foods Acquisition ApS v Skatteministeriet (Reference for a preliminary ruling — Common system of value added tax (VAT) — Proposed sale of shares in a sub-subsidiary — Expenditure associated with the provision of services acquired for the purposes of that sale — Sale not carried out — Request for a deduction of input tax — Scope of VAT)
Date: 2018-11-08
Institutions: Court of Justice
Subjects: VAT, economic activity, provision of services, sale, share, shareholder, subsidiary, tax relief








C_2019016EN.01002301.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/23






Judgment of the Court (Sixth Chamber) of 8 November 2018 (request for a preliminary ruling from the Vestre Landsret — Denmark) — C&D Foods Acquisition ApS v Skatteministeriet
(Case C-502/17) (1)

((Reference for a preliminary ruling - Common system of value added tax (VAT) - Proposed sale of shares in a sub-subsidiary - Expenditure associated with the provision of services acquired for the purposes of that sale - Sale not carried out - Request for a deduction of input tax - Scope of VAT))
(2019/C 16/28)
Language of the case: Danish

Referring court

Vestre Landsret

Parties to the main proceedings


Applicant: C&D Foods Acquisition ApS

Defendant: Skatteministeriet

Operative part of the judgment

Articles 2, 9 and 168 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a share disposal transaction, envisaged but not carried out, such as that at issue in the main proceedings, for which the direct and exclusive reason does not lie in the taxable economic activity of the company concerned, or which does not constitute the direct, permanent and necessary extension of that economic activity, does not come within the scope of value added tax.


(1)  OJ C 347, 16.10.2016.
Case T-636/15: Order of the General Court of 8 November 2018 — Infratel Italia and Others v Commission
Date: 2018-11-08
Institutions: General Court
Subjects: aid to undertakings, consortium, equal treatment, financial aid, principle of proportionality, reimbursement of aid, rights of the defence, telecommunications








C_2019044EN.01008101.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/81






Order of the General Court of 8 November 2018 — Infratel Italia and Others v Commission
(Case T-636/15) (1)

(2019/C 44/108)
Language of the case: Italian
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 16, 18.1.2016.