do-me/EUR-LEX huggingface dataset:
Case T-453/17: Judgment of the General Court of 12 February 2019 — TV v Council [Civil service — Probationary officials — Probationary period — Probation report — Opinion of the Reports Committee — Dismissal at the end of the probationary period — Work not adequate — Article 34 of the Staff Regulations — Manifest error of assessment — Duty to state reasons]
Date: 2019-02-12
Institutions: General Court
Subjects: European official, damages, dismissal, probationary period, professional qualifications, staff regulations (EU)








C_2019122EN.01001601.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/16






Judgment of the General Court of 12 February 2019 — TV v Council
(Case T-453/17) (1)

(Civil service - Probationary officials - Probationary period - Probation report - Opinion of the Reports Committee - Dismissal at the end of the probationary period - Work not adequate - Article 34 of the Staff Regulations - Manifest error of assessment - Duty to state reasons)
(2019/C 122/18)
Language of the case: French

Parties


Applicant: TV (represented by: L. Levi and A. Blot, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking first, the annulment of the decision of the Council of 19 August 2016 dismissing the applicant at the end of his probationary period and the decision of the Council of 11 April 2017 rejecting the applicant’s complaint and, secondly, compensation for the non-material damage which the applicant claims to have suffered as a result of those decisions.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders TV to pay the costs.







(1)  OJ C 347, 16.10.2017.
Case T-231/18: Judgment of the General Court of 12 February 2019 — Et Djili Soy Dzhihangir Ibryam v EUIPO — Lupu (Djili) [EU trade mark — Opposition proceedings — Application for the EU figurative mark Djili — Earlier national word mark GILLY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001]
Date: 2019-02-12
Institutions: General Court
Subjects: EU trade mark, foodstuff, nut, oleaginous plant, processed foodstuff, registered trade mark, trade-mark law








C_2019122EN.01001802.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/18






Judgment of the General Court of 12 February 2019 — Et Djili Soy Dzhihangir Ibryam v EUIPO — Lupu (Djili)
(Case T-231/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark Djili - Earlier national word mark GILLY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 122/21)
Language of the case: English

Parties


Applicant: Et Djili Soy Dzhihangir Ibryam (Dulovo, Bulgaria) (represented by C.-R. Romițan, lawyer)

Defendant: European Union Intellectual Property Office (represented initially by D. Gája and D. Walicka, and subsequently by D. Gája and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Victor Lupu (Bucharest, Romania)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 31 January 2018 (Case R 1902/2017-5) relating to opposition proceedings between Mr Lupu and Et Djili Soy Dzhihangir Ibryam.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Et Djili Soy Dzhihangir Ibryam to pay the costs.







(1)  OJ C 200, 11.6.2018.
European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10784/2018 — C8-0431/2018 — 2018/0239(NLE))
Date: 2019-02-12
Institutions: Committee on Fisheries, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Arctic Ocean, agreement (EU), conservation of fish stocks, deep-sea fishing, fishing agreement, fishing area, fishing controls, fishing rights, international waters, ratification of an agreement








C_2020449EN.01019601.xml










23.12.2020   


EN


Official Journal of the European Union


C 449/196






P8_TA(2019)0066
Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean ***
European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10784/2018 — C8-0431/2018 — 2018/0239(NLE))
(Consent)
(2020/C 449/30)

The European Parliament,






—


having regard to the draft Council decision (10784/2018),










—


having regard to the draft Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10788/2018),










—


having regard to the request for consent submitted by the Council in accordance with Articles 43 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0431/2018),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Fisheries (A8-0016/2019),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the other parties to the agreement.
Case T-80/19: Action brought on 12 February 2019 — Dekoback v EUIPO — DecoPac (DECOPAC)
Date: 2019-02-12
Institutions: General Court
Subjects: EU trade mark, bakery, consultancy, decorative item, foodstuff, merchandising, processed foodstuff, registered trade mark, trade-mark law








C_2019122EN.01002702.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/27






Action brought on 12 February 2019 — Dekoback v EUIPO — DecoPac (DECOPAC)
(Case T-80/19)
(2019/C 122/31)
Language in which the application was lodged: German

Parties


Applicant: Dekoback GmbH (Helmstadt-Bargen, Germany) (represented by: V. von Moers, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: DecoPac, Inc. (Anoka, Minnesota, United States)

Details of the proceedings before EUIPO


Proprietor of the mark at issue: Other party to the proceedings before the Board of Appeal

Mark at issue: EU word mark DECOPAC — EU trade mark No 160 747

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 November 2018 in Case R 1795/2017-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and declare invalid, in its entirety, the trade mark DECOPAC registered for the other party to the proceedings before the Board of Appeal.





Pleas in law







—


No confidentiality of business data;










—


Infringement of the right to be heard;










—


No submission of invoices to any significant extent;










—


No use of the trade mark as the other party’s own brand;










—


Sale also to consumers was planned but did not take place;










—


A distinction between edible and inedible decorations is necessary.
Non-opposition to a notified concentration (Case M.9255 — Swiss/Montagu/Real estate property) (Text with EEA relevance.)
Date: 2019-02-12
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, insurance company, investment company, merger control, property leasing








C_2019063EN.01000201.xml










18.2.2019   


EN


Official Journal of the European Union


C 63/2






Non-opposition to a notified concentration
(Case M.9255 — Swiss/Montagu/Real estate property)
(Text with EEA relevance)
(2019/C 63/03)
On 12 February 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 32019M9255. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Council Recommendation of 12 February 2019 on the appointment of a member of the Executive Board of the European Central Bank
Date: 2019-02-12
Institutions: Council of the European Union
Subjects: appointment of members, member of the European Central Bank








C_2019060EN.01000101.xml










15.2.2019   


EN


Official Journal of the European Union


C 60/1






COUNCIL RECOMMENDATION
of 12 February 2019
on the appointment of a member of the Executive Board of the European Central Bank
(2019/C 60/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2) thereof,
Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL THAT:
Mr Philip R. LANE be appointed as a member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2019.

Done at Brussels, 12 February 2019.


For the Council


The President

E.O. TEODOROVICI
Case T-84/19: Action brought on 12 February 2019 — Cinkciarz.pl v EUIPO — MasterCard International (We IntelliGence the World)
Date: 2019-02-12
Institutions: General Court
Subjects: EU trade mark, banking, consultancy, electronic publishing, financial services, insurance, registered trade mark, security services, software, trade-mark law








C_2019139EN.01006701.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/67






Action brought on 12 February 2019 — Cinkciarz.pl v EUIPO — MasterCard International (We IntelliGence the World)
(Case T-84/19)
(2019/C 139/70)
Language of the case: English

Parties


Applicant: Cinkciarz.pl sp. z o.o. (Zielona Góra, Poland) (represented by: E. Skrzydło-Tefelska and K. Gajek, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: MasterCard International, Inc. (New York, New York, United States)

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 (We IntelliGence the World) — Application for registration No 15 225 246

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 December 2018 in Case R 1062/2018-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and MasterCard International Incorporated to bear their own costs and to pay those incurred by the applicant, including those incurred in the proceedings before the EUIPO.





Pleas in law







—


Infringement of Article 71(1) of Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430, in conjunction with Article 41(2) of the Charter of Fundamental Rights of the European Union;










—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 41(2) of the Charter of Fundamental Rights of the European Union;










—


Infringement of the principles of equal treatment and sound administration;










—


Infringement of Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Non-opposition to a notified concentration (Case M.8964 — Delta/Air France-KLM/Virgin Group/Virgin Atlantic) (Text with EEA relevance) 2021/C 15/01
Date: 2019-02-12
Institutions: Directorate-General for Competition, European Commission
Subjects: air transport, carriage of goods, carriage of passengers, economic concentration, holding company, maintenance, merger control








C_2021015EN.01000101.xml










14.1.2021   


EN


Official Journal of the European Union


C 15/1






Non-opposition to a notified concentration
(Case M.8964 — Delta/Air France-KLM/Virgin Group/Virgin Atlantic)
(Text with EEA relevance)
(2021/C 15/01)
On 12 Fabruary 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 32019M8964. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-83/19: Action brought on 12 February 2019 — AL v Commission
Date: 2019-02-12
Institutions: General Court
Subjects: contract, damages, indemnification, rights of the defence, staff regulations (EU)








C_2019122EN.01002801.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/28






Action brought on 12 February 2019 — AL v Commission
(Case T-83/19)
(2019/C 122/32)
Language of the case: French

Parties


Applicant: AL (represented by: A. Blot and S. Rodrigues, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the action admissible and well founded;










—


annul the decision implicitly rejecting the applicant’s claim for compensation submitted on 19 December 2017 and, if necessary, the decision of 12 November 2018 rejecting the applicant’s complaint;










—


compensate the material and non-material damage suffered by the applicant;










—


order the defendant to pay all the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging breach of the defendant’s contractual commitments to the applicant, in that the Commission failed to comply with the undertaking it had given by appointing the applicant as the European Union facilitator for the Congo Basin Forests Partnership.










2.


Second plea in law, alleging infringement of the principle of respect for legitimate expectations.










3.


Third plea in law, alleging breach of the right to be heard.










4.


Fourth plea in law, alleging breach of the principle of good administration and the duty to have regard for the welfare of officials.
Commission Implementing Regulation (EU) 2019/281 of 12 February 2019 entering a name in the register of protected designations of origin and protected geographical indications (‘The Vale of Clwyd Denbigh Plum’ (PDO))
Date: 2019-02-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: United Kingdom, Wales, designation of origin, labelling, product designation, stone fruit








L_2019047EN.01003301.xml










19.2.2019   


EN


Official Journal of the European Union


L 47/33








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/281
of 12 February 2019
         
entering a name in the register of protected designations of origin and protected geographical indications (‘The Vale of Clwyd Denbigh Plum’ (PDO))


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, the United Kingdom's application to register the name ‘The Vale of Clwyd Denbigh Plum’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘The Vale of Clwyd Denbigh Plum’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘The Vale of Clwyd Denbigh Plum’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals, fresh or processed, 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, 12 February 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. 12.

(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).
Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 March 2019 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))
Date: 2019-02-12
Institutions: European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2019055EN.01001701.xml










12.2.2019   


EN


Official Journal of the European Union


C 55/17






Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 March 2019

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(2019/C 55/08)
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 24, 21.1.2019, p. 18.


































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.3.2019


…



-0,13 




-0,13 



0,00 



-0,13 



1,98 



-0,13 



0,03 



-0,13 




-0,13 




-0,13 




-0,13 




-0,13 



0,28 


0,56 



-0,13 




-0,13 




-0,13 




-0,13 




-0,13 




-0,13 




-0,13 



1,87 



-0,13 



3,56 



-0,13 




-0,13 




-0,13 



1,09 




1.2.2019


28.2.2019


-0,16 


-0,16 


0,00 


-0,16 


1,98 


-0,16 



0,03 



-0,16 


-0,16 


-0,16 


-0,16 


-0,16 


0,28 


0,56 


-0,16 


-0,16 


-0,16 


-0,16 


-0,16 


-0,16 


-0,16 


1,87 


-0,16 


3,56 



-0,24 



-0,16 


-0,16 


1,09 




1.1.2019


31.1.2019



-0,16 




-0,16 




0,00 




-0,16 




1,98 




-0,16 




0,02 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




0,28 




0,56 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




1,87 




-0,16 




3,56 




-0,31 




-0,16 




-0,16 




1,09
European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the exchange of letters accompanying the Agreement (14367/2018 — C8-0033/2019 — 2018/0349(NLE))
Date: 2019-02-12
Institutions: Committee on Budgets, Committee on Development, Committee on Fisheries, European Parliament
Subjects: Morocco, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, protocol to an agreement, ratification of an agreement, sea fishing, sustainable fisheries








C_2020449EN.01019501.xml










23.12.2020   


EN


Official Journal of the European Union


C 449/195






P8_TA(2019)0065
EU-Morocco Sustainable Fisheries Partnership Agreement ***
European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the exchange of letters accompanying the Agreement (14367/2018 — C8-0033/2019 — 2018/0349(NLE))
(Consent)
(2020/C 449/29)

The European Parliament,






—


having regard to the draft Council decision (14367/2018),










—


having regard to the draft Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement (12983/2018),










—


having regard to the request for consent submitted by the Council in accordance with Article 43, Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0033/2019),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Fisheries and the opinion of the Committee on Budgets (A8-0027/2019),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Kingdom of Morocco.