do-me/EUR-LEX huggingface dataset:
Case C-36/19 P: Appeal brought on 21 January 2019 by Daico International BV against the order of the General Court (Seventh Chamber) delivered on 22 November 2018 in Case T-356/17: Daico International v EUIPO — American Franchise Marketing
Date: 2019-01-21
Institutions: Court of Justice
Subjects: EU trade mark, advertising, catering industry, clothing, cosmetic product, leather, medical device, registered trade mark, toy industry, trade-mark law








C_2019280EN.01001601.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/16






Appeal brought on 21 January 2019 by Daico International BV against the order of the General Court (Seventh Chamber) delivered on 22 November 2018 in Case T-356/17: Daico International v EUIPO — American Franchise Marketing
(Case C-36/19 P)
(2019/C 280/21)
Language of the case: English

Parties


Appellant: Daico International BV (represented by: M. F. J. Haak, advocaat)

Other party to the proceedings: European Union Intellectual Property Office
By order of 4 July 2019 the Court of Justice (Seventh Chamber) held that the appeal was inadmissible.
Council Implementing Regulation (EU) 2019/93 of 21 January 2019 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
Date: 2019-01-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, natural person, trade restriction








L_2019019EN.01000301.xml










22.1.2019   


EN


Official Journal of the European Union


L 19/3








            COUNCIL IMPLEMENTING REGULATION (EU) 2019/93
of 21 January 2019
         
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(2) thereof,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.












(2)


Two natural persons designated in Annex XV to Regulation (EU) 2017/1509 are deceased, and their entries should be removed from that Annex.












(3)


Annex XV to Regulation (EU) 2017/1509 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex XV to Regulation (EU) 2017/1509 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date 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, 21 January 2019.


For the Council


The President

F. MOGHERINI
            





(1)  
            OJ L 224 31.8.2017, p. 1.




ANNEX
In Regulation (EU) 2017/1509, Annex XV, Part (a), the following entries are removed:






2.


CHU Kyu-Chang (D.O.B. 25.11.1928)










4.


KIM Yong-chun (D.O.B. 4.3.1935).
Case T-687/18 R: Order of the President of the General Court of 21 January 2019 — Pilatus Bank v ECB (Application for interim measures — Economic and monetary policy — Prudential supervision of credit institutions — Application for suspension of operation — No urgency)
Date: 2019-01-21
Institutions: General Court
Subjects: Malta, bank, credit institution, financial supervision








C_2019103EN.01004302.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/43






Order of the President of the General Court of 21 January 2019 — Pilatus Bank v ECB
(Case T-687/18 R)
((Application for interim measures - Economic and monetary policy - Prudential supervision of credit institutions - Application for suspension of operation - No urgency))
(2019/C 103/59)
Language of the case: English

Parties


Applicant: Pilatus Bank plc (Ta’Xbiex, Malta) (represented by: O.H. Behrends, M. Kirchner and L. Feddern, lawyers)

Defendant: European Central Bank (represented by: E. Yoo, M. Puidokas and A. Karpf, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU seeking suspension of the operation of an act of the European Central Bank contained in an email of 10 September 2018 by which the ECB required that any communication to it by the applicant be made either through the person appointed by the Malta Financial Services Authority or with the approval of that person.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Council Decision (CFSP) 2019/95 of 21 January 2019 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Date: 2019-01-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, natural person, self-determination, territorial dispute, territorial law








L_2019019EN.01000701.xml










22.1.2019   


EN


Official Journal of the European Union


L 19/7








            COUNCIL DECISION (CFSP) 2019/95
of 21 January 2019
         
amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 17 March 2014, the Council adopted Decision 2014/145/CFSP. (1)













(2)


Following the death of a designated person, the Council considers that the entry for this person should be deleted from the Annex to Decision 2014/145/CFSP.












(3)


Decision 2014/145/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The Annex to Decision 2014/145/CFSP is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 21 January 2019.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).




ANNEX
The entry concerning the following person is deleted from the list set out in the Annex to Decision 2014/145/CFSP:







‘150.


Iosif (Joseph) Davydovich KOBZON’
Case T-40/19: Action brought on 21 January 2019 — Amigüitos pets & life v EUIPO – Société des produits Nestlé (THE ONLY ONE by alphaspirit wild and perfect)
Date: 2019-01-21
Institutions: General Court
Subjects: EU trade mark, animal nutrition, dietary product, food supplement, registered trade mark, trade-mark law, veterinary medicinal product








C_2019093EN.01007601.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/76






Action brought on 21 January 2019 — Amigüitos pets & life v EUIPO – Société des produits Nestlé (THE ONLY ONE by alphaspirit wild and perfect)
(Case T-40/19)
(2019/C 93/98)
Language of the case: English

Parties


Applicant: Amigüitos pets & life, SA (Lorca, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Société des produits Nestlé SA (Vevey, Switzerland)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for European Union figurative mark THE ONLY ONE by alphaspirit wild and perfect in colours white, red and black — Application for registration No 15 385 719

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 November 2018 in Case R 272/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far the contested decision accepted the opposition against EUTM application No 15 385 719 for goods in classes 5 and 31;










—


order EUIPO to confirm the registration of EUTM application No 15 385 719 for all goods for which the said trademark seeks protection;










—


order the intervener and, in which it may apply, the defendant, to bear the costs of the proceedings followed before the EUIPO and the General Court.





Pleas in law







—


Infringement of Article 8(1)(b) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(5) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Prior notification of a concentration (Case M.9197 — Hanon Systems / Magna International (Rotor business)) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-01-21
Institutions: European Commission
Subjects: anti-pollution device, economic concentration, investment company, merger control, motor vehicle industry, thermal equipment, vehicle parts








C_2019024EN.01002101.xml










21.1.2019   


EN


Official Journal of the European Union


C 24/21






Prior notification of a concentration
(Case M.9197 — Hanon Systems / Magna International (Rotor business))
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 24/10)

1.   
On 14 January 2019, 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:






—


Hanon Systems (‘Hanon’) (South Korea), controlled by Hahn & Co. LLC (‘Hahn & Co’) (South Korea),










—


Magna International Inc. (‘Magna’) (Canada) Rotor business.




Hanon acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of Magna’s fluid pressure and controls business (‘Rotor’).
The concentration is accomplished by way of purchase of shares and assets.


2.   
The business activities of the undertakings concerned are:






—


Hanon is mainly engaged in the manufacture and supply of automotive thermal management systems worldwide (also known as climate control systems). Hahn & Co is a private equity investment firm,










—


Rotor provides car manufacturers (original equipment manufacturers (‘OEMs’)) with cooling and pump technology to support OEM emission reduction and thermal management needs. Magna is a global automotive manufacturer.






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.9197 — Hanon Systems / Magna International (Rotor business)
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 C-37/19: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 21 January 2019 — CV v Iccrea Banca SpA Istituto Centrale del Credito Cooperativo
Date: 2019-01-21
Institutions: Court of Justice
Subjects: indemnification, labour law, paid leave, unfair dismissal








C_2019182EN.01000502.xml










27.5.2019   


EN


Official Journal of the European Union


C 182/5






Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 21 January 2019 — CV v Iccrea Banca SpA Istituto Centrale del Credito Cooperativo
(Case C-37/19)
(2019/C 182/07)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: CV

Respondent: Iccrea Banca SpA Istituto Centrale del Credito Cooperativo

Question referred

Must Article 7(2) of Directive 2003/88/EC (1) and Article 31(2) of the Charter of Fundamental Rights of the European Union, taken separately where applicable, be interpreted as precluding provisions of national legislation or national practices pursuant to which, once the employment relationship has ended, the right to payment of an allowance for paid leave accrued but not taken (and for a legal arrangement, such as ‘abolished public holidays’, which is comparable in nature and function to paid annual leave) does not apply in a context where the worker was unable to take the leave before the employment relationship ended because of an unlawful act (a dismissal established as unlawful by a national court by means of a final ruling ordering the retroactive restoration of the employment relationship) attributable to the employer, for the period between that unlawful act by the employer and the subsequent reinstatement only?


(1)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).
Non-opposition to a notified concentration (Case M.9135 — The Blackstone Group/Luminor Bank) (Text with EEA relevance.)
Date: 2019-01-21
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, consultancy, economic concentration, financial services, investment company, merger control








C_2019039EN.01001002.xml










1.2.2019   


EN


Official Journal of the European Union


C 39/10






Non-opposition to a notified concentration
(Case M.9135 — The Blackstone Group/Luminor Bank)
(Text with EEA relevance)
(2019/C 39/03)
On 21 January 2019, 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 32019M9135. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-574/18 R: Order of the President of the General Court of 21 January 2019 — Agrochem-Maks v Commission (Application for interim measures — Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests)
Date: 2019-01-21
Institutions: General Court
Subjects: aquatic ecosystem, environmental protection, environmental risk prevention, market approval, plant health control, plant health product, precautionary principle, principle of proportionality








C_2019093EN.01006401.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/64






Order of the President of the General Court of 21 January 2019 — Agrochem-Maks v Commission
(Case T-574/18 R)
((Application for interim measures - Plant-protection products - Active substance oxasulfuron - Non-renewal of approval for placing on the market - Application for suspension of operation - Lack of urgency - Balancing of interests))
(2019/C 93/84)
Language of the case: English

Parties


Applicant: Agrochem-Maks d.o.o. (Zagreb, Croatia) (represented by S. Pappas, lawyer)

Defendant: European Commission (represented by A. Lewis, I. Naglis and G. Koleva, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of Commission Implementing Regulation (EU) 2018/1019 of 18 July 2018 concerning the non-renewal of approval of the active substance oxasulfuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 183, p. 14).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case C-35/19: Request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 21 January 2019 — BU v État belge
Date: 2019-01-21
Institutions: Court of Justice
Subjects: Belgium, disability insurance, disabled person, discrimination on the basis of nationality, equal treatment, free movement of workers, freedom to provide services, tax exemption, tax on income, taxpayer








C_2019103EN.01001701.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/17






Request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 21 January 2019 — BU v État belge
(Case C-35/19)
(2019/C 103/17)
Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings


Applicant: BU

Defendant: État belge

Question referred

Does Article 38 § 1(4) of the C.I.R./92 infringe Article 45 et seq. (principle of free movement of workers) and Article 56 et seq. (principle of freedom to provide services) of the Treaty on the Functioning of the European Union in so far as it exempts disability allowances from tax only if those allowances are paid by the State Treasury, that is to say, by the Belgian State, in accordance with Belgian legislation, thereby giving rise to discrimination between taxpayers resident in Belgium who receive disability allowances paid by the Belgian State under Belgian legislation, which are exempt from tax, and taxpayers resident in Belgium who receive allowances intended to compensate for a disability paid by another Member State of the European Union, which are not exempt from tax?
Council Decision (CFSP) 2019/96 of 21 January 2019 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Date: 2019-01-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, natural person, trade restriction








L_2019019EN.01000901.xml










22.1.2019   


EN


Official Journal of the European Union


L 19/9








            COUNCIL DECISION (CFSP) 2019/96
of 21 January 2019
         
amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1).












(2)


Two natural persons designated in Annex II to Decision (CFSP) 2016/849 are deceased, and their entries should be removed from that Annex.












(3)


Annex II to Decision (CFSP) 2016/849 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex II to Decision (CFSP) 2016/849 is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.




Done at Brussels, 21 January 2019.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).




ANNEX
In Decision (CFSP) 2016/849, Annex II, Part (I)(A), the following entries are removed:






2.


CHU Kyu-Chang (D.O.B. 25.11.1928)










4.


KIM Yong-chun (D.O.B. 4.3.1935).
Euro exchange rates
Date: 2019-01-21
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019024EN.01001701.xml










21.1.2019   


EN


Official Journal of the European Union


C 24/17






Euro exchange rates (1)

18 January 2019
(2019/C 24/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1402 




JPY


Japanese yen


124,78 




DKK


Danish krone


7,4649 




GBP


Pound sterling


0,88125 




SEK


Swedish krona


10,2515 




CHF


Swiss franc


1,1331 




ISK


Iceland króna


137,80 




NOK


Norwegian krone


9,7218 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,580 




HUF


Hungarian forint


318,09 




PLN


Polish zloty


4,2931 




RON


Romanian leu


4,6993 




TRY


Turkish lira


6,1091 




AUD


Australian dollar


1,5850 




CAD


Canadian dollar


1,5134 




HKD


Hong Kong dollar


8,9441 




NZD


New Zealand dollar


1,6841 




SGD


Singapore dollar


1,5463 




KRW


South Korean won


1 278,73 




ZAR


South African rand


15,7187 




CNY


Chinese yuan renminbi


7,7291 




HRK


Croatian kuna


7,4295 




IDR


Indonesian rupiah


16 193,18 




MYR


Malaysian ringgit


4,7024 




PHP


Philippine peso


59,983 




RUB


Russian rouble


75,6267 




THB


Thai baht


36,161 




BRL


Brazilian real


4,2701 




MXN


Mexican peso


21,7095 




INR


Indian rupee


81,0875 






(1)  Source: reference exchange rate published by the ECB.