do-me/EUR-LEX huggingface dataset:
Case C-833/18: Request for a preliminary ruling from the tribunal de l’entreprise de Liège (Belgium) lodged on 31 December 2018 — SI, Brompton Bicycle Ltd v Chedech / Get2Get
Date: 2018-12-31
Institutions: Court of Justice
Subjects: copyright, literary and artistic property








C_2019082EN.01001901.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/19






Request for a preliminary ruling from the tribunal de l’entreprise de Liège (Belgium) lodged on 31 December 2018 — SI, Brompton Bicycle Ltd v Chedech / Get2Get
(Case C-833/18)
(2019/C 82/21)
Language of the case: French

Referring court

Tribunal de l’entreprise de Liège

Parties to the main proceedings


Applicants: SI, Brompton Bicycle Ltd

Defendant: Chedech / Get2Get

Questions referred







—


Must EU law, in particular Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, (1) which determines, inter alia, the various exclusive rights conferred on copyright holders, in Articles 2 to 5 thereof, be interpreted as excluding from copyright protection works whose shape is necessary to achieve a technical result?










—


In order to assess whether a shape is necessary to achieve a technical result, must account be taken of the following criteria:






—


The existence of other possible shapes which allow the same technical result to be achieved?










—


The effectiveness of the shape in achieving that result?










—


The intention of the alleged infringer to achieve that result?










—


The existence of an earlier, now expired, patent on the process for achieving the technical result sought?










(1)  OJ 2001 L 167, p. 10.
Case T-757/18: Action brought on 31 December 2018 — Koinopraxia Touristiki Loutrakiou v Commission
Date: 2018-12-31
Institutions: General Court
Subjects: Greece, State aid, control of State aid, gaming establishment








C_2019072EN.01003802.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/38






Action brought on 31 December 2018 — Koinopraxia Touristiki Loutrakiou v Commission
(Case T-757/18)
(2019/C 72/49)
Language of the case: English

Parties


Applicant: Koinopraxia Touristiki Loutrakiou AE OTA — Loutraki AE — Klab Otel Loutraki Kazino Touristikes kai Xenodocheiakes Epicheiriseis AE (Loutraki, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s contested decision of 9 August 2018 on the measures to certain Greek casinos SA.28973 — C 16/2010 (ex NN 22/2010, ex CP 318/2009)










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on two alternative pleas in law to support that the contested decision infringed its procedural rights and therefore should be annulled.






1.


First plea in law, alleging that the part of the contested decision in which the Commission examined whether the alleged state aid measure confers an ‘attractiveness advantage’ should be characterised as a decision not to raise objections adopted following the preliminary examination procedure. Therefore, the applicant claims that the Commission should have initiated the formal investigation procedure because there were serious doubts as to the existence of an attractiveness advantage financed through state resources.










2.


Second plea in law, alleging that the Commission was in any case obliged to reopen the formal investigation procedure by virtue of judgment T-425/11. In fact, the applicant claims that the Commission was, in principle, obliged to give the parties concerned notice to submit their comments before the adoption of the contested decision.