do-me/EUR-LEX huggingface dataset:
Case C-629/17: Judgment of the Court (Fourth Chamber) of 6 December 2018 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — J. Portugal Ramos Vinhos SA v Adega Cooperativa de Borba CRL (Reference for a preliminary ruling — Intellectual property — Trade mark law — Directive 2008/95/EC — Article 3(1)(c) — Grounds for invalidity — Word marks which consist exclusively of signs or indications which may serve in trade to designate the characteristics of goods or services — Other characteristics of goods or services — Production facility for a product — Word mark composed of a sign designating wine products and of a geographical name, constituting a word element of the trade mark proprietor’s business name)
Date: 2018-12-06
Institutions: Court of Justice
Subjects: EU trade mark, business name, designation of origin, product designation, registered trade mark, trade-mark law, wine








C_2019044EN.01000401.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/4






Judgment of the Court (Fourth Chamber) of 6 December 2018 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — J. Portugal Ramos Vinhos SA v Adega Cooperativa de Borba CRL
(Case C-629/17) (1)

((Reference for a preliminary ruling - Intellectual property - Trade mark law - Directive 2008/95/EC - Article 3(1)(c) - Grounds for invalidity - Word marks which consist exclusively of signs or indications which may serve in trade to designate the characteristics of goods or services - Other characteristics of goods or services - Production facility for a product - Word mark composed of a sign designating wine products and of a geographical name, constituting a word element of the trade mark proprietor’s business name))
(2019/C 44/05)
Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings


Applicant: J. Portugal Ramos Vinhos SA

Defendant: Adega Cooperativa de Borba CRL

Operative part of the judgment

Article 3(1)(c) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the registration of a trade mark consisting of a word sign, such as that at issue in the main proceedings, designating wine products and including a geographical name, must be refused, where that sign contains, in particular, a term which is commonly used to designate facilities or sites in which those products are produced and is also one of the word elements of the business name of the legal entity seeking to register that trade mark.


(1)  OJ C 32, 29.1.2018.
Case T-638/16: Judgment of the General Court of 6 December 2018 — Deichmann v EUIPO — Vans (Representation of lines on a shoe) (EU trade mark — Opposition proceedings — Application for EU figurative mark representing lines on a shoe — Earlier EU trade mark comprised of two stripes on the side of a shoe — Proof of the existence, validity and scope of the protection of an earlier international trade mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 — Legitimate expectations)
Date: 2018-12-06
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, leather, registered trade mark, trade-mark law








C_2019072EN.01002001.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/20






Judgment of the General Court of 6 December 2018 — Deichmann v EUIPO — Vans (Representation of lines on a shoe)
(Case T-638/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark representing lines on a shoe - Earlier EU trade mark comprised of two stripes on the side of a shoe - Proof of the existence, validity and scope of the protection of an earlier international trade mark - Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625) - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 - Legitimate expectations))
(2019/C 72/24)
Language of the case: German

Parties


Applicant: Deichmann SE (Essen, Germany) (represented by: C. Onken, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Vans, Inc. (Cypress, California, United States) (represented by: M. Hirsch, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 July 2016 (Case R 408/2015-4) relating to opposition proceedings between Deichmann and Vans.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Deichmann SE to pay the costs.






(1)  OJ C 392, 24.10.2016.
Case C-672/17: Judgment of the Court (Sixth Chamber) of 6 December 2018 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — Tratave — Tratamento de Águas Residuais do Ave SA v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Value added tax (VAT) — Taxable amount — Reduction — Principle of fiscal neutrality)
Date: 2018-12-06
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, tax relief, taxpayer








C_2019044EN.01000501.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/5






Judgment of the Court (Sixth Chamber) of 6 December 2018 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — Tratave — Tratamento de Águas Residuais do Ave SA v Autoridade Tributária e Aduaneira
(Case C-672/17) (1)

((Reference for a preliminary ruling - Value added tax (VAT) - Taxable amount - Reduction - Principle of fiscal neutrality))
(2019/C 44/06)
Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings


Applicant: Tratave — Tratamento de Águas Residuais do Ave SA

Defendant: Autoridade Tributária e Aduaneira

Operative part of the judgment

The principle of neutrality as well as Articles 90 and 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which provides that the reduction of the taxable amount for value added tax (VAT), in the event of non-payment, cannot be made by the taxable person until it has given prior notice of its intention to cancel all or part of the VAT to the purchaser of goods or services, if that purchaser is a taxable person, for the purposes of correcting the deduction of VAT that the latter has made.


(1)  OJ C 52, 12.2.2018.
Non-opposition to a notified concentration (Case M.9032 — E.ON/Helen/Virta) (Text with EEA relevance.)
Date: 2018-12-06
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric vehicle, electricity supply, energy distribution, energy production, gas supply, heating, merger control, renewable energy, retail selling








C_2018460EN.01000702.xml










21.12.2018   


EN


Official Journal of the European Union


C 460/7






Non-opposition to a notified concentration
(Case M.9032 — E.ON/Helen/Virta)
(Text with EEA relevance)
(2018/C 460/06)
On 6 December 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9032. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-459/17: Judgment of the General Court of 6 December 2018 — Fifth Avenue Entertainment v EUIPO — Commodore Entertainment (THE COMMODORES) (EU trade mark — Opposition proceedings — Application for EU word mark ‘THE COMMODORES’ — Unregistered earlier sign ‘Commodores’ — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Relative ground for refusal — Reference to the national law governing the earlier mark — Action for passing off)
Date: 2018-12-06
Institutions: General Court
Subjects: EU trade mark, music, performing arts, recording, registered trade mark, trade-mark law








C_2019072EN.01002901.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/29






Judgment of the General Court of 6 December 2018 — Fifth Avenue Entertainment v EUIPO — Commodore Entertainment (THE COMMODORES)
(Case T-459/17) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark ‘THE COMMODORES’ - Unregistered earlier sign ‘Commodores’ - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Relative ground for refusal - Reference to the national law governing the earlier mark - Action for passing off))
(2019/C 72/37)
Language of the case: English

Parties


Applicant: Fifth Avenue Entertainment LLC (Orlando, Florida, United States) (represented by: B. Brandreth, Barrister, and D. Cañadas Arcas, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and S. Bonne, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Commodore Entertainment Corp. (Saint Paul, Minnesota, United States) (represented by: J. Mellor QC and J. Whelan, Solicitor)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 May 2017 (Case R 851/2016-5), relating to opposition proceedings between Commodore Entertainment and Fifth Avenue Entertainment.

Operative part of the judgment

The Court:






1.


Annuls the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 May 2017 (Case R 851/2016-5);










2.


Orders EUIPO to bear its own costs and to pay those incurred by Fifth Avenue Entertainment LLC;










3.


Orders Commodore Entertainment Corp. to bear its own costs.






(1)  OJ C 309, 18.9.2017.
Commission Implementing Regulation (EU) 2018/1965 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Roth Lay’ (PDO)
Date: 2018-12-06
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Germany, Rhineland-Palatinate, designation of origin, labelling, product designation, sparkling wine, white wine








L_2018316EN.01000401.xml










13.12.2018   


EN


Official Journal of the European Union


L 316/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1965
of 6 December 2018
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Roth Lay’ (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)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Uhlen Roth Lay’ sent by Germany and has published it in the Official Journal of the European Union (2).












(2)


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












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Uhlen Roth Lay’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


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 name ‘Uhlen Roth Lay’ (PDO) is hereby protected.


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, 6 December 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






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

(2)  
            OJ C 277, 7.8.2018, p. 8.
Non-opposition to a notified concentration (Case M.9193 — Fairfax Financial Holdings/Eurolife ERB Insurance Group) (Text with EEA relevance.)
Date: 2018-12-06
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, holding company, insurance, investment company, merger control








C_2018454EN.01000102.xml










17.12.2018   


EN


Official Journal of the European Union


C 454/1






Non-opposition to a notified concentration
(Case M.9193 — Fairfax Financial Holdings/Eurolife ERB Insurance Group)
(Text with EEA relevance)
(2018/C 454/02)
On 6 December 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M9193. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2018-12-06
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018439EN.01001002.xml










6.12.2018   


EN


Official Journal of the European Union


C 439/10






Information communicated by Member States regarding closure of fisheries
(2018/C 439/08)
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


6.10.2018




Duration


6.10.2018-31.12.2018




Member State


Belgium




Stock or Group of stocks


SRX/89-C. including RJC/89-C., RJH/89-C., RJN/89-C., RJU/8-C. and RJU/9-C.




Species


Skates and rays (rajiformes)




Zone


Union waters of 8 and 9




Type(s) of fishing vessels


—




Reference number


35/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-480/17: Judgment of the Court (Tenth Chamber) of 6 December 2018 (request for a preliminary ruling from the Finanzgericht Köln — Germany) — Frank Montag v Finanzamt Köln-Mitte (Reference for a preliminary ruling — Freedom of establishment — Direct taxation — Income tax — Deductibility of contributions to an occupational pension scheme and to a private pension scheme — Exclusion of non-residents)
Date: 2018-12-06
Institutions: Court of Justice
Subjects: basis of tax assessment, direct tax, residence, right of establishment, social-security contribution, supplementary pension, tax on income, tax relief, taxpayer








C_2019044EN.01000302.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/3






Judgment of the Court (Tenth Chamber) of 6 December 2018 (request for a preliminary ruling from the Finanzgericht Köln — Germany) — Frank Montag v Finanzamt Köln-Mitte
(Case C-480/17) (1)

((Reference for a preliminary ruling - Freedom of establishment - Direct taxation - Income tax - Deductibility of contributions to an occupational pension scheme and to a private pension scheme - Exclusion of non-residents))
(2019/C 44/04)
Language of the case: German

Referring court

Finanzgericht Köln

Parties to the main proceedings


Applicant: Frank Montag

Defendant: Finanzamt Köln-Mitte

Operative part of the judgment

Article 49 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, under which a non-resident taxable person, subject, in that Member State, to income tax in the framework of limited tax liability, cannot deduct from the income tax basis of assessment the amount of compulsory contributions paid into an occupational pension scheme in due proportion to the share of the income taxable in that Member State if directly linked to the activity which generated that income, whereas a resident taxable person, subject to income tax in the framework of unlimited tax liability, can deduct such contributions from the income tax basis of assessment to the extent laid down by national law.
Article 49 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which a non-resident taxable person, subject, in that Member State, to income tax in the framework of limited tax liability, cannot deduct from the income tax basis of assessment the amount of additional contributions paid into an occupational pension scheme or the amount of contributions paid into a private pension scheme, whereas a resident taxable person, subject to income tax in the framework of unlimited tax liability, can deduct such contributions from the income tax basis of assessment to the extent laid down by national law.


(1)  OJ C 382, 13.11.2017.
Information communicated by Member States regarding closure of fisheries
Date: 2018-12-06
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018439EN.01001301.xml










6.12.2018   


EN


Official Journal of the European Union


C 439/13






Information communicated by Member States regarding closure of fisheries
(2018/C 439/13)
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


6.10.2018




Duration


6.10.2018-31.12.2018




Member State


Belgium




Stock or Group of stocks


SOL/8AB.




Species


Common sole (Solea solea)




Zone


8a and 8b




Type(s) of fishing vessels


—




Reference number


31/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Implementing Regulation (EU) 2018/1966 of 6 December 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Laubach’ (PDO)
Date: 2018-12-06
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Germany, Rhineland-Palatinate, designation of origin, labelling, product designation, sparkling wine, white wine








L_2018316EN.01000501.xml










13.12.2018   


EN


Official Journal of the European Union


L 316/5








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1966
of 6 December 2018
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Uhlen Laubach’ (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)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Uhlen Laubach’ sent by Germany and has published it in the Official Journal of the European Union (2).












(2)


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












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Uhlen Laubach’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


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 name ‘Uhlen Laubach’ (PDO) is hereby protected.


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, 6 December 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






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

(2)  
            OJ C 277, 7.8.2018, p. 13.
Information communicated by Member States regarding closure of fisheries
Date: 2018-12-06
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Baltic Sea, EU waters, Poland, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2018439EN.01001201.xml










6.12.2018   


EN


Official Journal of the European Union


C 439/12






Information communicated by Member States regarding closure of fisheries
(2018/C 439/11)
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


4.10.2018




Duration


4.10.2018-31.12.2018




Member State


Poland




Stock or Group of stocks


COD/3BC+24




Species


Cod (gadus morhua)




Zone


Subdivisions 22-24




Type(s) of fishing vessels


—




Reference number


30/TQ1970






(1)  OJ L 343, 22.12.2009, p. 1.