do-me/EUR-LEX huggingface dataset:
Case T-672/16: Judgment of the General Court of 13 December 2018 — C=Holdings v EUIPO — Trademarkers (C=commodore) (EU trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark C=commodore — Application for invalidation of the effects of the international registration — Article 158(2) of Regulation (EC) No 207/2009 (now Article 198(2) of Regulation (EU) 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) — No genuine use concerning certain goods and services covered by the international registration — Presence of proper reasons for non-use)
Date: 2018-12-13
Institutions: General Court
Subjects: EU trade mark, clothing, computer equipment, cultural event, publishing, registered trade mark, sporting event, telecommunications, trade-mark law








C_2019082EN.01004701.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/47






Judgment of the General Court of 13 December 2018 — C=Holdings v EUIPO — Trademarkers (C=commodore)
(Case T-672/16) (1)

((EU trade mark - Revocation proceedings - International registration designating the European Union - Figurative mark C=commodore - Application for invalidation of the effects of the international registration - Article 158(2) of Regulation (EC) No 207/2009 (now Article 198(2) of Regulation (EU) 2017/1001) - Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) - No genuine use concerning certain goods and services covered by the international registration - Presence of proper reasons for non-use))
(2019/C 82/53)
Language of the case: English

Parties


Applicant: C=Holdings BV (Oldenzaal, Netherlands) (represented by: initially P. Maeyaert and K. Neefs and then P. Maeyaert and J. Muyldermans, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Trademarkers NV (Antwerp, Belgium)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 July 2016 (Case R 2585/2015-4), relating to revocation proceedings between Trademarkers and C=Holdings.

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 13 July 2016 (Case R 2585/2015-4), relating to revocation proceedings between Trademarkers NV and C=Holdings BV, in so far as the Board of Appeal dismissed the appeal of C=Holdings as regards the existence of proper reasons for non-use of the international registration of which it is the proprietor;










2.


Orders EUIPO to pay the costs.






(1)  OJ C 410, 7.11.2016.
Case T-891/16: Order of the General Court of 13 December 2018 — Scandlines Danmark and Scandlines Deutschland v Commission (Action for failure to act — State aid — Public financing of the Fehmarn Belt fixed rail-road link — Individual aid — Adoption of a position by the Commission — Inadmissibility)
Date: 2018-12-13
Institutions: General Court
Subjects: Baltic Sea, Denmark, EU financing, Germany, State aid, control of State aid, project of common interest, rail transport, road transport, tunnel








C_2019065EN.01003501.xml










18.2.2019   


EN


Official Journal of the European Union


C 65/35






Order of the General Court of 13 December 2018 — Scandlines Danmark and Scandlines Deutschland v Commission
(Case T-891/16) (1)

((Action for failure to act - State aid - Public financing of the Fehmarn Belt fixed rail-road link - Individual aid - Adoption of a position by the Commission - Inadmissibility))
(2019/C 65/44)
Language of the case: English

Parties


Applicants: Scandlines Danmark ApS (Copenhagen, Denmark) and Scandlines Deutschland GmbH (Hamburg, Germany) (represented by: L. Sandberg-Mørch, lawyer)

Defendant: European Commission (represented by: L. Armati and by S. Noë, acting as Agents)

Intervener in support of the defendant: Kingdom of Denmark (represented initially by: C. Thorning, and subsequently by J. Nymann-Lindegren, acting as Agents, and by R. Holdgaard, lawyer)

Re:

Application pursuant to Article 265 TFEU for a declaration that the Commission acted unlawfully by failing to define its position on aid measures concerning the financing, planning, construction and operation of the Fehmarn Belt fixed rail-road link.

Operative part of the order







1.


The action is dismissed as inadmissible;










2.


Scandlines Danmark ApS and Scandlines Deutschland GmbH are to bear their own costs and to pay the costs incurred by the European Commission;










3.


The Kingdom of Denmark is to bear its own costs.






(1)  OJ C 63, 27.2.2017.
Case T-76/18: Judgment of the General Court 13 December 2018 — CN v Parliament (Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court)
Date: 2018-12-13
Institutions: General Court
Subjects: EP Committee, European official, harassment at work, indemnification, legal aid, psychological harassment, right to justice, rights of the defence, staff regulations (EU)








C_2019082EN.01005401.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/54






Judgment of the General Court 13 December 2018 — CN v Parliament
(Case T-76/18) (1)

((Civil service - Accredited parliamentary assistants - Article 24 of the Staff Regulations - Request for assistance - Article 12a of the Staff Regulations - Psychological harassment - Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace - Decision rejecting the request for assistance - Right to be heard - Principle of audi alteram partem - Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses - Refusal of the defendant institution to comply with a measure of inquiry of the General Court))
(2019/C 82/64)
Language of the case: French

Parties


Applicant: CN (represented by: C. Bernard-Glanz and A. Tymen, lawyers)

Defendant: European Parliament (represented by: D. Boytha and E. Taneva, acting as Agents)

Re:

Application based on Article 270 TFEU seeking, first, annulment of the decision of the Parliament of 20 March 2017 by which the authority empowered to conclude contracts of employment of that institution rejected the request for assistance made by the applicant on 13 February 2013 and, second, compensation for the loss he has allegedly suffered.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Parliament of 20 March 2017, by which the authority empowered to conclude contracts of employment of that institution rejected the request for assistance made by CN on 13 February 2013;










2.


Orders the Parliament to pay CN, in respect of non-material harm suffered, an amount of EUR 8 500;










3.


Dismisses the action as to the remainder;










4.


Orders the Parliament to pay the costs.






(1)  OJ C 134, 16.4.2018.
Case C-492/17: Judgment of the Court (Fourth Chamber) of 13 December 2018 (request for a preliminary ruling from the Landgericht Tübingen — Germany) — Südwestrundfunk v Tilo Rittinger, Patrick Wolter, Harald Zastera, Dagmar Fahner, Layla Sofan, Marc Schulte (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Article 108(3) TFEU — Public broadcasting institutions — Financing — Legislation of a Member State under which all adults possessing a dwelling within the country are required to pay a contribution to public broadcasters)
Date: 2018-12-13
Institutions: Court of Justice
Subjects: Baden-Württemberg, State aid, broadcasting, claim, control of State aid, financing, housing, public sector, quasi-fiscal charge








C_2019065EN.01001301.xml










18.2.2019   


EN


Official Journal of the European Union


C 65/13






Judgment of the Court (Fourth Chamber) of 13 December 2018 (request for a preliminary ruling from the Landgericht Tübingen — Germany) — Südwestrundfunk v Tilo Rittinger, Patrick Wolter, Harald Zastera, Dagmar Fahner, Layla Sofan, Marc Schulte
(Case C-492/17) (1)

((Reference for a preliminary ruling - State aid - Article 107(1) TFEU - Article 108(3) TFEU - Public broadcasting institutions - Financing - Legislation of a Member State under which all adults possessing a dwelling within the country are required to pay a contribution to public broadcasters))
(2019/C 65/15)
Language of the case: German

Referring court

Landgericht Tübingen

Parties to the main proceedings


Applicant: Südwestrundfunk

Defendants: Tilo Rittinger, Patrick Wolter, Harald Zastera, Dagmar Fahner, Layla Sofan, Marc Schulte

Operative part of the judgment







1.


Article 1(c) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU] must be interpreted as meaning that an alteration to the system of financing the public broadcasting of a Member State which, like that at issue in the main proceedings, consists in replacing a broadcasting fee payable on the basis of possession of a receiving device by a broadcasting contribution payable in particular on the basis of occupation of a dwelling or business premises does not constitute an alteration to existing aid within the meaning of that provision which should be notified to the Commission under Article 108(3) TFEU.










2.


Articles 107 and 108 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which confers on public broadcasters powers, as exceptions to the general law, allowing those broadcasters themselves to enforce claims in respect of unpaid broadcasting contributions.






(1)  OJ C 402, 27.11.2017.
Case T-111/15: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Syndicat mixte des aéroports de Charente and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)
Date: 2018-12-13
Institutions: General Court
Subjects: State aid, access to EU information, airport, control of State aid, financial aid, low cost airline, profitability, reimbursement of aid, right to justice, rights of the defence








C_2019082EN.01003301.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/33






Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission
(Case T-111/15) (1)

((State aid - Agreements between the Syndicat mixte des aéroports de Charente and Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Notion of State aid - Imputability to the State - Chamber of Commerce and Industry - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard))
(2019/C 82/36)
Language of the case: English

Parties


Applicants: Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland), Airport Marketing Services Ltd (Dublin) (represented by: G. Berrisch, E. Vahida, I.-G. Metaxas-Maranghidis, lawyers, and B. Byrne, Solicitor)

Defendant: European Commission (represented by: L. Flynn and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2015/1226 of 23 July 2014 on State aid SA.33963 (2012/C) (ex 2012/NN) implemented by France in favour of Angoulême Chamber of Commerce and Industry, SNC-Lavalin, Ryanair and Airport Marketing Services (OJ 2015 L 201, p. 48).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair DAC and Airport Marketing Services Ltd to bear their own costs and to pay those incurred by the European Commission.






(1)  OJ C 178, 1.6.2015.
Case T-30/18: Judgment of the General Court of 13 December 2018 — Yado v EUIPO — Dvectis CZ (Support pillow) (Community design — Invalidity proceedings — Community design No 2371591-0001 (Support pillow) — Inadmissibility of the appeal before the Board of Appeal — Sending of a document to EUIPO by means of a contact form — Sending of a document to EUIPO by electronic means and by fax)
Date: 2018-12-13
Institutions: General Court
Subjects: designs and models, medical device








C_2019093EN.01005802.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/58






Judgment of the General Court of 13 December 2018 — Yado v EUIPO — Dvectis CZ (Support pillow)
(Case T-30/18) (1)

((Community design - Invalidity proceedings - Community design No 2371591-0001 (Support pillow) - Inadmissibility of the appeal before the Board of Appeal - Sending of a document to EUIPO by means of a contact form - Sending of a document to EUIPO by electronic means and by fax))
(2019/C 93/75)
Language of the case: Slovak

Parties


Applicant: Yado s.r.o. (Handlová, Slovakia) (represented by: D. Futej, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Cottrell and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dvectis CZ s.r.o. (Brno, Czech Republic) (represented by: L. Litváková, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 14 November 2017 (Case R 1017/2017-3) relating to invalidity proceedings between Dvectis CZ and Yado.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 November 2017 (Case R 1017/2017-3);










2.


Orders EUIPO to bear its own costs and to pay those incurred by Yado s.r.o.;










3.


Orders Dvectis CZ s.r.o. to bear its own costs.






(1)  OJ C 94, 12.3.2018.
Commission Implementing Regulation (EU) 2018/1982 of 13 December 2018 on the minimum selling price for skimmed milk powder for the 29th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2018-12-13
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2018317EN.01002101.xml










14.12.2018   


EN


Official Journal of the European Union


L 317/21








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1982
of 13 December 2018
         
on the minimum selling price for skimmed milk powder for the 29th 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 29th 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 29th 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 11 December 2018, the minimum selling price shall be 145,10 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, 13 December 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 C-782/18: Request for a preliminary ruling from the Tribunal d’instance Épinal (France) lodged on 13 December 2018 — Cofidis v YP
Date: 2018-12-13
Institutions: Court of Justice
Subjects: civil proceedings, consumer credit, consumer information, limitation of legal proceedings








C_2019054EN.01001501.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/15






Request for a preliminary ruling from the Tribunal d’instance Épinal (France) lodged on 13 December 2018 — Cofidis v YP
(Case C-782/18)
(2019/C 54/19)
Language of the case: French

Referring court

Tribunal d’instance Épinal

Parties to the main proceedings


Applicant: Cofidis

Defendant: YP

Question referred

Does the protection guaranteed to consumers by Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (1) preclude a national provision which, in an action brought by a seller or supplier against a consumer on the basis of a credit agreement which they have concluded, prohibits the national court, on expiry of a limitation period of five years from the conclusion of the agreement, from finding and penalising, of its own motion or following an objection raised by the consumer, a failure to comply with the provisions relating to the obligation laid down in Article 8 of the directive to verify the creditworthiness of the consumer, a failure to comply with those of Article 10 et seq. of the directive relating to the information which must be included in a clear and concise manner in credit agreements, and, more generally, a failure to comply with all of the consumer-protection provisions set out in that directive?


(1)  OJ 2008 L 133, p. 66.
Case C-150/17 P: Judgment of the Court (First Chamber) of 13 December 2018 — European Union, represented by the Court of Justice of the European Union v Kendrion NV, European Commission (Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in a case before the General Court of the European Union — Compensation for damage allegedly suffered by the applicant — Material damage — Bank guarantee charges — Causal link — Default interest — Non-material damage)
Date: 2018-12-13
Institutions: Court of Justice
Subjects: damages, guarantee, infringement of EU law, interest, judicial proceedings








C_2019065EN.01000301.xml










18.2.2019   


EN


Official Journal of the European Union


C 65/3






Judgment of the Court (First Chamber) of 13 December 2018 — European Union, represented by the Court of Justice of the European Union v Kendrion NV, European Commission
(Case C-150/17 P) (1)

((Appeal - Actions for damages - Second paragraph of Article 340 TFEU - Excessive duration of the proceedings in a case before the General Court of the European Union - Compensation for damage allegedly suffered by the applicant - Material damage - Bank guarantee charges - Causal link - Default interest - Non-material damage))
(2019/C 65/03)
Language of the case: Dutch

Parties


Appellant: European Union, represented by the Court of Justice of the European Union (represented by: J. Inghelram and E. Beysen, acting as Agents)

Other parties to the proceedings: Kendrion NV (represented by: Y. de Vries, T. Ottervanger and E. Besselink, advocaten), European Commission (represented by: C. Urraca Caviedes, S. Noë and F. Erlbacher, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 1 February 2017, Kendrion v European Union (T-479/14, EU:T:2017:48);










2.


Dismisses the cross-appeal brought by Kendrion NV;










3.


Dismisses the claim for damages brought by Kendrion NV, inasmuch as it seeks to obtain compensation for the material damage consisting in the payment of bank guarantee charges beyond a reasonable time for adjudicating in the case which gave rise to the judgment of 16 November 2011, Kendrion v Commission (T-54/06, not published, EU:T:2011:667);










4.


Orders Kendrion NV to bear its own costs and to pay all the costs incurred by the European Union, represented by the Court of Justice of the European Union, in relation to the present appeal, and to bear its own costs at first instance;










5.


Orders the European Union, represented by the Court of Justice of the European Union, to bear its own costs incurred at first instance;










6.


Orders the European Commission to bear its own costs of both the proceedings at first instance and of the present appeal.






(1)  OJ C 161, 22.5.2017.
Case T-98/18: Judgment of the General Court of 13 December 2018 — Multifit v EUIPO (MULTIFIT) (EU trade mark — Application for EU word mark MULTIFIT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2018-12-13
Institutions: General Court
Subjects: EU trade mark, dietary product, domestic animal, food supplement, pet food, registered trade mark, toy industry, trade-mark law








C_2019082EN.01005601.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/56






Judgment of the General Court of 13 December 2018 — Multifit v EUIPO (MULTIFIT)
(Case T-98/18) (1)

((EU trade mark - Application for EU word mark MULTIFIT - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EU) 2017/1001))
(2019/C 82/67)
Language of the case: German

Parties


Applicant: Multifit Tiernahrungs GmbH (Krefeld, Germany) (represented by: N. Weber and L. Thiel, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Sesma Merino, D. Walicka, M. Fischer and M. Eberl, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 15 November 2017 (Case R 846/2017-1), concerning an application for registration of the word sign MULTIFIT as a European Union trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Multifit Tiernahrungs GmbH to pay the costs.






(1)  OJ C 134, 16.4.2018.