do-me/EUR-LEX huggingface dataset:
Case T-14/17: Order of the General Court of 19 November 2018 — Landesbank Baden-Württemberg v SRB (Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Manifest inadmissibility)
Date: 2018-11-19
Institutions: General Court
Subjects: EU banking union, company in difficulties, credit institution, legality, limitation of legal proceedings, payment








C_2019044EN.01005801.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/58






Order of the General Court of 19 November 2018 — Landesbank Baden-Württemberg v SRB
(Case T-14/17) (1)

((Action for annulment - Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2016 ex-ante contribution - Period for bringing an action - Out of time - Manifest inadmissibility))
(2019/C 44/74)
Language of the case: German

Parties


Applicant: Landesbank Baden-Württemberg (Stuttgart, Germany) (represented by: H. Berger and K. Rübsamen, lawyers)

Defendant: Single Resolution Board (represented by: A. Martin-Ehlers, S. Raes, A. Kopp and T. Van Dyck, lawyers)

Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and K.-Ph. Wojcik, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the Board of 15 April 2016 (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Landesbank Baden-Württemberg is ordered to bear its own costs and to pay the costs incurred by the Single Resolution Board (SRB).










3.


The European Commission shall bear its own costs.






(1)  OJ C 63, 27.2.2017.
Special Report No 31/2018 — ‘Animal welfare in the EU: closing the gap between ambitious goals and practical implementation’
Date: 2018-11-19
Institutions: European Court of Auditors
Subjects: agricultural holding, animal welfare, common agricultural policy, livestock farming, protection of animals, slaughter of animals, transport of animals, veterinary legislation








C_2018418EN.01000302.xml










19.11.2018   


EN


Official Journal of the European Union


C 418/3






Special Report No 31/2018
‘Animal welfare in the EU: closing the gap between ambitious goals and practical implementation’
(2018/C 418/04)
The European Court of Auditors hereby informs you that Special Report No 31/2018 ‘Animal welfare in the EU: closing the gap between ambitious goals and practical implementation’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu.
Case T-42/17: Order of the General Court of 19 November 2018 — VR-Bank Rhein-Sieg v SRB (Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Manifest inadmissibility)
Date: 2018-11-19
Institutions: General Court
Subjects: EU banking union, company in difficulties, credit institution, legality, limitation of legal proceedings, payment








C_2019044EN.01005802.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/58






Order of the General Court of 19 November 2018 — VR-Bank Rhein-Sieg v SRB
(Case T-42/17) (1)

((Action for annulment - Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2016 ex-ante contribution - Period for bringing an action - Out of time - Manifest inadmissibility))
(2019/C 44/75)
Language of the case: German

Parties


Applicant: VR-Bank Rhein-Sieg eG (Siegburg, Germany) (represented by: H. Berger and K. Rübsamen, lawyers)

Defendant: Single Resolution Board (represented by: A. Martin-Ehlers, S. Raes, A. Kopp and T. Van Dyck, lawyers)

Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and K.-Ph. Wojcik, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the Board of 15 April 2016 (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


VR-Bank Rhein-Sieg eG is ordered to bear its own costs and to pay the costs incurred by the Single Resolution Board (SRB).










3.


The European Commission shall bear its own costs.






(1)  OJ C 78, 13.3.2017.
Case T-686/18: Action brought on 19 November 2018 — LegalCareers v EUIPO (LEGALCAREERS)
Date: 2018-11-19
Institutions: General Court
Subjects: EU trade mark, Internet site, advertising, education, on line data service, publishing, registered trade mark, trade-mark law








C_2019025EN.01005801.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/58






Action brought on 19 November 2018 — LegalCareers v EUIPO (LEGALCAREERS)
(Case T-686/18)
(2019/C 25/75)
Language of the case: German

Parties


Applicant: LegalCareers GmbH (Cologne, Germany) (represented by: M. Nielen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Mark at issue: Application for registration of EU figurative mark LEGALCAREERS — Application No 9 978 594

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 17 September 2018 in Case R 234/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Information relating to the entry into force of the ‘Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation’
Date: 2018-11-19
Institutions: Council of the European Union
Subjects: Africa, Madagascar, air safety, air traffic, civil aviation, cooperation agreement (EU), provision of services, satellite navigation, technical cooperation








L_2018292EN.01000101.xml










19.11.2018   


EN


Official Journal of the European Union


L 292/1







Information relating to the entry into force of the ‘Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation’
         

The Cooperation Agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area of competence for the benefit of civil aviation, signed in Brussels on 5 December 2016, entered into force on 1 November 2018, in accordance with Art. 36.1 of the Agreement, as the last notification was deposited by ASECNA on 17 October 2018.
Special Report No 29/2018 — ‘EIOPA made an important contribution to supervision and stability in the insurance sector, but significant challenges remain’
Date: 2018-11-19
Institutions: European Court of Auditors
Subjects: European Insurance and Occupational Pensions Authority, consumer protection, financial stability, financial supervision, insurance, market supervision, pension scheme








C_2018418EN.01000301.xml










19.11.2018   


EN


Official Journal of the European Union


C 418/3






Special Report No 29/2018
‘EIOPA made an important contribution to supervision and stability in the insurance sector, but significant challenges remain’
(2018/C 418/03)
The European Court of Auditors hereby informs you that Special Report No 29/2018 ‘EIOPA made an important contribution to supervision and stability in the insurance sector, but significant challenges remain’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Case T-675/18: Action brought on 19 November 2018 — Trifolio-M and Others v EFSA
Date: 2018-11-19
Institutions: General Court
Subjects: confidentiality, health risk, industrial secret, market approval, pesticide, principle of proportionality








C_2019025EN.01005201.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/52






Action brought on 19 November 2018 — Trifolio-M and Others v EFSA
(Case T-675/18)
(2019/C 25/67)
Language of the case: English

Parties


Applicants: Trifolio-M GmbH (Lahnau, Germany), Oxon Italia SpA (Milan, Italy) and Mitsui AgriScience International (Woluwe-Saint-Pierre, Belgium) (represented by: C. Mereu and S. Englebert, lawyers)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

The applicants claim that the Court should:






—


annul EFSA’s decision of 11 September 2018 on the assessment of the applicants’ confidentiality claims made in relation to the conclusion on the peer review of the pesticide risk assessment of the active substance Azadirachtin;










—


order the defendant to pay the costs and expenses of the proceedings.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging infringement of Article 63 of Regulation (EC) No 1107/2009. (1)







—


The applicants allege that the defendant misinterpreted what amounts to information involving industrial and commercial secrets that merit confidential treatment, and misapplied Article 63 of Regulation 1107/2009 based on a manifest error of assessment of the applicants 'confidentiality claims.














2.


Second plea in law, alleging breach of the fundamental principles of EU law to the extent that the defendant failed to state reasons for its decision, to conform to the uniform application of EU law or to abide by the principle of proportionality.






(1)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).
Commission Regulation (EU) 2018/1835 of 19 November 2018 establishing a prohibition of fishing for undulate ray in Union waters of 9 by vessels flying the flag of Spain
Date: 2018-11-19
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2018298EN.01000601.xml










23.11.2018   


EN


Official Journal of the European Union


L 298/6








            COMMISSION REGULATION (EU) 2018/1835
of 19 November 2018
         
establishing a prohibition of fishing for undulate ray in Union waters of 9 by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2018/120 (2) lays down quotas for 2018.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2018.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2018 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 19 November 2018.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, p. 1).




ANNEX






No


28/TQ120




Member State


Spain




Stock


RJU/9-C.




Species


Undulate ray (Raja undulata)




Zone


Union waters of 9




Closing date


27.9.2018
Case T-677/18: Action brought on 19 November 2018 — Galletas Gullón v EUIPO — Intercontinental Great Brands (gullón TWINS COOKIE SANDWICH)
Date: 2018-11-19
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2019035EN.01002302.xml










28.1.2019   


EN


Official Journal of the European Union


C 35/23






Action brought on 19 November 2018 — Galletas Gullón v EUIPO — Intercontinental Great Brands (gullón TWINS COOKIE SANDWICH)
(Case T-677/18)
(2019/C 35/29)
Language in which the application was lodged: Spanish

Parties


Applicant: Galletas Gullón, SA (Aguilar de Campoo, Spain) (represented by: S. Martínez-Almeida y Alejos-Pita, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Intercontinental Great Brands LLC (East Hanover, New Jersey, United States of America)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for EU figurative mark gullón TWINS COOKIE SANDWICH — Application for registration No 13 877 543

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 September 2018 in Case R 2378/2017-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the defendant and, if appropriate, the intervener, to pay the costs of the proceedings before the General Court, along with the costs incurred in the appeal proceedings before the Board of Appeal.





Plea in law

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Commission Implementing Regulation (EU) 2018/1786 of 19 November 2018 approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Chianti Classico’ (PDO))
Date: 2018-11-19
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Italy, Tuscany, designation of origin, labelling, product designation, red wine








L_2018293EN.01000801.xml










20.11.2018   


EN


Official Journal of the European Union


L 293/8








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1786
of 19 November 2018
         
approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Chianti Classico’ (PDO))


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), and in particular Article 99 thereof,

Whereas:







(1)


The Commission has examined the application for the approval of an amendment to the specification for the Protected Designation of Origin ‘Chianti Classico’, sent by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission has published the application for the approval of an amendment to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendment to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


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
The amendment to the specification published in the Official Journal of the European Union regarding the name ‘Chianti Classico’ (PDO) is hereby approved.


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, 19 November 2018.


For the Commission


The President

Jean-Claude JUNCKER
            





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

(2)  
            OJ C 100, 16.3.2018, p. 7.
Case C-722/18: Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 19 November 2018 — KROL — Zakład Robót Wodno-Kanalizacyjnych Sp. z o.o., S.k. v Porr S.A.
Date: 2018-11-19
Institutions: Court of Justice
Subjects: Cohesion Fund, Structural Funds, commercial transaction, damages, deadline for payment, equal treatment, financial transaction, regulation of transactions








C_2019164EN.01000202.xml










13.5.2019   


EN


Official Journal of the European Union


C 164/2






Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 19 November 2018 — KROL — Zakład Robót Wodno-Kanalizacyjnych Sp. z o.o., S.k. v Porr S.A.
(Case C-722/18)
(2019/C 164/03)
Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings


Appellant: KROL — Zakład Robót Wodno-Kanalizacyjnych Sp. z o.o., S.k.

Respondent: Porr S.A.

Question referred

Does EU law, in particular recitals 13, 20 and 22 of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (1) and Article 18 TFEU laying down the principle of non-discrimination, permit the possibility of excluding compensation for late payment in respect of transactions financed in whole or in part by the EU Structural Funds and the Cohesion Fund, which follows from Article 4(3)(c) of the Ustawa o terminach zapłaty w transakcjach handlowych (Law on Payment Terms in Commercial Transactions)?


(1)  OJ 2000 L 200, p. 35.
Prior notification of a concentration (Case M.9139 — Haier/Candy) (Text with EEA relevance.)
Date: 2018-11-19
Institutions: European Commission
Subjects: economic concentration, household article, household electrical appliance, manufactured goods, merger control, supply








C_2018418EN.01000801.xml










19.11.2018   


EN


Official Journal of the European Union


C 418/8






Prior notification of a concentration
(Case M.9139 — Haier/Candy)
(Text with EEA relevance)
(2018/C 418/07)

1.   
On 8 November 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:






—


Haier Europe Appliances Holding B.V (the Netherlands), controlled by Qingdao Haier Co. Ltd (‘Haier’, China)










—


Candy S.p.A (‘Candy’, Italy)




Haier acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Candy.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Haier: manufacture and supply of consumer electronics and domestic appliances worldwide marketed through several main brands, including ‘Haier’, ‘Casarte’, ‘GE Appliances’, ‘Fisher & Paykel’, ‘AQUA’ and ‘Leader’.
—   for Candy: manufacture and supply of domestic appliances worldwide marketed through two main brands, ‘Candy’ and ‘Hoover’, and through national brands such as ‘Rosières’ (France) and ‘Jinling’ (China).


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.9139 — Haier/Candy
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’).