do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) 2019/219 of 31 January 2019 entering a name in the register of protected designations of origin and protected geographical indications (‘Bulot de la Baie de Granville’ (PGI))
Date: 2019-01-31
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: France, Lower Normandy, designation of origin, labelling, mollusc, product designation








L_2019035EN.01000101.xml










7.2.2019   


EN


Official Journal of the European Union


L 35/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/219
of 31 January 2019
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Bulot de la Baie de Granville’ (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Bulot de la Baie de Granville’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Bulot de la Baie de Granville’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Bulot de la Baie de Granville’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.7. Fresh fish, molluscs and crustaceans and products derived therefrom, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 31 January 2019.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 303, 29.8.2018, p. 7.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case T-604/17: Judgment of the General Court of 31 January 2019 — Thun v EUIPO (Fish) (Community design — Registered Community design — Failure to apply for renewal — Removal of the design from the register on expiry of registration — Application for restitutio in integrum — Cumulative conditions — Duty of due care — Delegation of power — Loss of a right)
Date: 2019-01-31
Institutions: General Court
Subjects: ceramics, designs and models








C_2019103EN.01003201.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/32






Judgment of the General Court of 31 January 2019 — Thun v EUIPO (Fish)
(Case T-604/17) (1)

((Community design - Registered Community design - Failure to apply for renewal - Removal of the design from the register on expiry of registration - Application for restitutio in integrum - Cumulative conditions - Duty of due care - Delegation of power - Loss of a right))
(2019/C 103/41)
Langue of the case: Italian

Parties


Applicant: Thun SpA (Bolzano, Italy) (represented by: B. Giordano, lawyer)

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

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 9 June 2017 (Case R 1680/2016-3) relating to an application for restitutio in integrum.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Thun SpA to pay the costs.






(1)  OJ C 369, 30.10.2017.
European Parliament legislative resolution of 31 January 2019 on the proposal for a Council decision authorising Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom to accept, in the interest of the European Union, the accession of the Dominican Republic to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2018)0526 — C8-0376/2018 — 2018/0276(NLE))
Date: 2019-01-31
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Dominican Republic, EU Member State, accession to an agreement, child protection, custody, illegal restraint, international convention, parental responsibility, rights of access








C_2020411EN.01069401.xml










27.11.2020   


EN


Official Journal of the European Union


C 411/694






P8_TA(2019)0049
Accession of the Dominican Republic to the 1980 Hague Convention on the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 31 January 2019 on the proposal for a Council decision authorising Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom to accept, in the interest of the European Union, the accession of the Dominican Republic to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2018)0526 — C8-0376/2018 — 2018/0276(NLE))
(Consultation)
(2020/C 411/55)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2018)0526),










—


having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0376/2018),










—


having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Rules 78c and 108(8) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0451/2018),












1.


Approves the authorisation for Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom to accept, in the interest of the European Union, the accession of the Dominican Republic to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.






(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Case T-59/19: Action brought on 31 January 2019 — Makhlouf v Council
Date: 2019-01-31
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, indemnification, international sanctions, natural person, ownership








C_2019139EN.01006301.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/63






Action brought on 31 January 2019 — Makhlouf v Council
(Case T-59/19)
(2019/C 139/66)
Language of the case: French

Parties


Applicant: Ehab Makhlouf (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:






—


Declare the applicant’s action admissible and well founded;










—


Accordingly, order the European Union to pay compensation in respect of all of the harm suffered by the applicant, in the amount determined, in equity, by the General Court;










—


Order the Council of the European Union to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on one main plea in law and a plea in the alternative, alleging harm suffered by the applicant for which liability rests with the Council of the European Union.
The main plea alleges that the disputed restrictive measures, namely Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and its subsequent implementing acts, are unlawful. First, it is claimed that those measures infringe the obligation to state reasons as provided in Article 296 TFEU and Article 41 of the Charter of Fundamental Freedoms of the European Union; and, second, that they infringe the applicant’s right to property and his right to respect for his reputation. It is claimed that that infringement has directly caused significant non-material and material harm to the applicant consisting in damage to his reputation, suffered following his inclusion in the sanction list, in respect of which he is entitled to compensation.
The plea in the alternative alleges the existence of a system of strict liability under EU law.
Prior notification of a concentration (Case M.8773 — LetterOne/BASF/Wintershall DEA) (Text with EEA relevance.)
Date: 2019-01-31
Institutions: European Commission
Subjects: chemical industry, economic concentration, energy transport, extraction of oil, holding company, hydrocarbon, investment company, merger control, petroleum exploration








C_2019038EN.01002001.xml










31.1.2019   


EN


Official Journal of the European Union


C 38/20






Prior notification of a concentration
(Case M.8773 — LetterOne/BASF/Wintershall DEA)
(Text with EEA relevance)
(2019/C 38/08)

1.   
On 24 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:






—


LetterOne Holdings (‘LetterOne’, Luxembourg),










—


BASF S.E. (‘BASF’, Germany),










—


Wintershall DEA, which will be jointly controlled by LetterOne and BASF.




LetterOne and BASF acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Wintershall DEA.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:
—   for LetterOne: a private investment holding company focusing on investments in the energy sector. LetterOne owns DEA Deutsche Erdoel AG, an international exploration and production company for oil and gas,
—   for BASF: mainly active in the chemical sector, with a portfolio split into chemicals, performance products, functional materials and solutions, agricultural solutions and oil and gas. BASF owns Wintershall Holding GmbH which is active in the exploration and production of oil and gas inter alia in Europe,
—   for Wintershall DEA: will combine Wintershall’s and DEA’s business and be principally active in the exploration and production of oil and gas and, to a limited extent, in gas transportation.


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.8773 — LetterOne/BASF/Wintershall DEA
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’).
Case T-215/17: Judgment of the General Court of 31 January 2019 — Pear Technologies v EUIPO — Apple (PEAR) (EU trade mark — Opposition proceedings — Application for the EU figurative trade mark PEAR — Earlier EU figurative trade mark depicting an apple — Relative ground for refusal — No similarity between the signs — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))
Date: 2019-01-31
Institutions: General Court
Subjects: EU trade mark, computer equipment, consultancy, registered trade mark, software, trade-mark law








C_2019103EN.01002601.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/26






Judgment of the General Court of 31 January 2019 — Pear Technologies v EUIPO — Apple (PEAR)
(Case T-215/17) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative trade mark PEAR - Earlier EU figurative trade mark depicting an apple - Relative ground for refusal - No similarity between the signs - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)))
(2019/C 103/33)
Language of the case: English

Parties


Applicant: Pear Technologies Ltd (Macao, China) (represented by: J. Coldham, Solicitor, and E. Himsworth QC)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Apple Inc. (Cupertino, California, United States) (represented by: J. Olsen and P. Andreottola, Solicitors, and G. Tritton, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 (Case R 860/2016-5), relating to opposition proceedings between Apple and Pear Technologies.

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 18 January 2017 (Case R 860/2016-5);










2.


Orders EUIPO to pay, in addition to its own costs, half of the costs incurred by Pear Technologies Ltd;










3.


Orders Apple Inc. to pay, in addition to its own costs, half of the costs incurred by Pear Technologies.






(1)  OJ C 168, 29.5.2017.
Case T-427/18: Judgment of the General Court of 31 January 2019 — Geske v EUIPO (SATISFYERMEN) (EU trade mark — Application for the EU figurative mark SATISFYERMEN — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Duty to state reasons — First sentence of Article 94 of Regulation (EU) 2017/1001)
Date: 2019-01-31
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, reproductive health, sexuality, trade-mark law








C_2019103EN.01004201.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/42






Judgment of the General Court of 31 January 2019 — Geske v EUIPO (SATISFYERMEN)
(Case T-427/18) (1)

((EU trade mark - Application for the EU figurative mark SATISFYERMEN - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Duty to state reasons - First sentence of Article 94 of Regulation (EU) 2017/1001))
(2019/C 103/56)
Language of the case: German

Parties


Applicant: André Geske (Lübbecke, Germany) (represented by: R. Albrecht, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Sesma Merino and S. Hanne, Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 10 May 2018 (Case R 2603/2017-1), relating to the application for registration of the figurative mark SATISFYERMEN as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr André Geske to pay the costs.






(1)  OJ C 301, 27.8.2018.
European Parliament legislative resolution of 31 January 2019 on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2018)0528 — C8-0377/2018 — 2018/0278(NLE))
Date: 2019-01-31
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Austria, Honduras, Romania, accession to an agreement, child protection, custody, illegal restraint, international convention, parental responsibility, rights of access








C_2020411EN.01069601.xml










27.11.2020   


EN


Official Journal of the European Union


C 411/696






P8_TA(2019)0051
Accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 31 January 2019 on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2018)0528 — C8-0377/2018 — 2018/0278(NLE))
(Consultation)
(2020/C 411/57)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2018)0528),










—


having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0377/2018),










—


having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Rules 78c and 108(8) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0457/2018),












1.


Approves the authorisation for Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.






(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Case T-57/19: Action brought on 31 January 2019 — Makhlouf v Council
Date: 2019-01-31
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, indemnification, international sanctions, natural person, ownership








C_2019139EN.01006102.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/61






Action brought on 31 January 2019 — Makhlouf v Council
(Case T-57/19)
(2019/C 139/64)
Language of the case: French

Parties


Applicant: Rami Makhlouf (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:






—


Declare the applicant’s action admissible and well founded;










—


Accordingly, order the European Union to pay compensation in respect of all of the harm suffered by the applicant, in the amount determined, in equity, by the General Court;










—


Order the Council of the European Union to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on one main plea in law and a plea in the alternative, alleging harm suffered by the applicant for which liability rests with the Council of the European Union.
The main plea alleges that the disputed restrictive measures, namely Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and its subsequent implementing acts, are unlawful. First, it is claimed that those measures infringe the obligation to state reasons as provided in Article 296 TFEU and Article 41 of the Charter of Fundamental Freedoms of the European Union; and, second, that they infringe the applicant’s right to property and his right to respect for his reputation. It is claimed that that infringement has directly caused significant non-material and material harm to the applicant consisting, respectively, in (i) damage to his reputation and (ii) breach of contract, loss of equipment and loss of revenue, in respect of which he is entitled to compensation.
The plea in the alternative alleges the existence of a system of strict liability under EU law.
Euro exchange rates
Date: 2019-01-31
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019038EN.01000301.xml










31.1.2019   


EN


Official Journal of the European Union


C 38/3






Euro exchange rates (1)

30 January 2019
(2019/C 38/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1429 




JPY


Japanese yen


125,08 




DKK


Danish krone


7,4648 




GBP


Pound sterling


0,87341 




SEK


Swedish krona


10,3843 




CHF


Swiss franc


1,1403 




ISK


Iceland króna


137,00 




NOK


Norwegian krone


9,6938 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,802 




HUF


Hungarian forint


316,53 




PLN


Polish zloty


4,2905 




RON


Romanian leu


4,7551 




TRY


Turkish lira


6,0288 




AUD


Australian dollar


1,5885 




CAD


Canadian dollar


1,5111 




HKD


Hong Kong dollar


8,9662 




NZD


New Zealand dollar


1,6723 




SGD


Singapore dollar


1,5441 




KRW


South Korean won


1 277,98 




ZAR


South African rand


15,5484 




CNY


Chinese yuan renminbi


7,6767 




HRK


Croatian kuna


7,4235 




IDR


Indonesian rupiah


16 149,18 




MYR


Malaysian ringgit


4,6925 




PHP


Philippine peso


59,774 




RUB


Russian rouble


75,3615 




THB


Thai baht


35,864 




BRL


Brazilian real


4,2392 




MXN


Mexican peso


21,8249 




INR


Indian rupee


81,3510 






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