do-me/EUR-LEX huggingface dataset:
Case T-147/19: Action brought on 6 March 2019 — Flovax v EUIPO — Dagniaux and Gervais Danone (GLACIER DAGNIAUX DEPUIS 1923)
Date: 2019-03-06
Institutions: General Court
Subjects: EU trade mark, confectionery product, pastry-making, registered trade mark, trade-mark law








C_2019148EN.01006201.xml










29.4.2019   


EN


Official Journal of the European Union


C 148/62






Action brought on 6 March 2019 — Flovax v EUIPO — Dagniaux and Gervais Danone (GLACIER DAGNIAUX DEPUIS 1923)
(Case T-147/19)
(2019/C 148/62)
Language in which the application was lodged: French

Parties


Applicant: Flovax Sàrl (Doncols, Luxembourg) (represented by: C.-S. Marchiani, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Dagniaux (Roubaix, France), Compagnie Gervais Danone (Paris, France)

Details of the proceedings before EUIPO


Applicant: Other party to the proceedings before the Board of Appeal, Compagnie Gervais Danone

Trade mark at issue: EU figurative colour mark GLACIER DAGNIAUX DEPUIS 1923 ‘Text and paint: Pantone blue no 302; background Pantone no 1205c (cream)’ — EU trade mark No 896 480

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 18 May 2018 in Case R 2210/2016-1 and R 2211/2016-1

Form of order sought

The applicant claims that the Court should:






—


alter the decision of the First Board of Appeal of the European Union Intellectual Property Office of 18 May 2018 in Cases R 2210/2016-1 and R 2211/2016-1;










—


declare admissible appeal R 2211/2016-1 lodged by FLOVAX before the Board of Appeal of the European Union Intellectual Property Office;










—


annul Cancellation Division Decision No 10417 C taken on the basis of Article 55(1) of the EU trade mark regulation, following the application for revocation registered on 22 October 2015 by Compagnie Gervais Danone, rejecting in its entirety that application for revocation;










—


order Compagnie Gervais Danone to pay to the proprietor of the mark the cancellation fee and representation costs, set out on the basis of the maximum rate indicated in Article 94 of the EU trade mark regulation.





Pleas in law







—


Infringement of Article 70 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Breach of the principle of audi alteram partem;










—


Error of law in the Board of Appeal’s assessment of the conditions for establishing inadmissibility in the action before it.
Decision (EU, Euratom) 2019/390 of the Representatives of the Governments of the Member States of 6 March 2019 appointing a Judge to the Court of Justice
Date: 2019-03-06
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








L_2019070EN.01003201.xml










12.3.2019   


EN


Official Journal of the European Union


L 70/32








            DECISION (EU, Euratom) 2019/390 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 6 March 2019
         
appointing a Judge to the Court of Justice


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


The terms of office of 14 Judges and five Advocates-General of the Court of Justice expired on 6 October 2018.












(2)


Mr Andreas KUMIN has been nominated for the post of Judge of the Court of Justice.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Andreas KUMIN to perform the duties of Judge of the Court of Justice,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Andreas KUMIN is hereby appointed Judge to the Court of Justice for the period from the date of entry into force of this Decision to 6 October 2024.


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




Done at Brussels, 6 March 2019.


The President

L. ODOBESCU
Euro exchange rates
Date: 2019-03-06
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019186EN.01000201.xml










3.6.2019   


EN


Official Journal of the European Union


C 186/2






Euro exchange rates (1)

30 May 2019
(2019/C 186/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1134 




JPY


Japanese yen


122,10 




DKK


Danish krone


7,4687 




GBP


Pound sterling


0,88178 




SEK


Swedish krona


10,6323 




CHF


Swiss franc


1,1228 




ISK


Iceland króna


138,50 




NOK


Norwegian krone


9,7638 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,841 




HUF


Hungarian forint


324,74 




PLN


Polish zloty


4,2887 




RON


Romanian leu


4,7553 




TRY


Turkish lira


6,5590 




AUD


Australian dollar


1,6098 




CAD


Canadian dollar


1,5029 




HKD


Hong Kong dollar


8,7386 




NZD


New Zealand dollar


1,7095 




SGD


Singapore dollar


1,5361 




KRW


South Korean won


1 325,97 




ZAR


South African rand


16,3022 




CNY


Chinese yuan renminbi


7,6903 




HRK


Croatian kuna


7,4220 




IDR


Indonesian rupiah


16 032,96 




MYR


Malaysian ringgit


4,6655 




PHP


Philippine peso


58,064 




RUB


Russian rouble


72,3334 




THB


Thai baht


35,428 




BRL


Brazilian real


4,4327 




MXN


Mexican peso


21,3092 




INR


Indian rupee


77,8115 






(1)  Source: reference exchange rate published by the ECB.
Case T-321/18: Judgment of the General Court of 6 March 2019 — Serenity Pharmaceuticals v EUIPO — Gebro Holding (NOCUVANT) (EU trade mark — Opposition proceedings — Application for EU word mark NOCUVANT — Earlier word marks NOCUTIL — Proof of genuine use — Article 47(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation 2017/1001)
Date: 2019-03-06
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2019139EN.01005101.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/51






Judgment of the General Court of 6 March 2019 — Serenity Pharmaceuticals v EUIPO — Gebro Holding (NOCUVANT)
(Case T-321/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark NOCUVANT - Earlier word marks NOCUTIL - Proof of genuine use - Article 47(2) of Regulation (EU) 2017/1001 - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation 2017/1001)
(2019/C 139/51)
Language of the case: English

Parties


Applicant: Serenity Pharmaceuticals LLC (Milford, Pennsylvania, United States) (represented by: J. Day, Solicitor)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gebro Holding GmbH (Fieberbrunn, Austria) (represented by: M. Konzett, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 March 2018 (Case R 584/2017-2), relating to opposition proceedings between Gebro Holding and Allergan, Inc.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Serenity Pharmaceuticals LLC to pay the costs.







(1)  OJ C 240, 9.7.2018.
Case C-693/17 P: Judgment of the Court (Tenth Chamber) of 6 March 2019 — BMB sp. z o.o. v European Union Intellectual Property Office (EUIPO), Ferrero SpA (Appeal — Community design — Regulation (EC) No 6/2002 — Article 25(1)(e) — Invalidity proceedings — Design representing comfit boxes for sweets — Declaration of invalidity)
Date: 2019-03-06
Institutions: Court of Justice
Subjects: confectionery product, designs and models, packaging product








C_2019148EN.01000501.xml










29.4.2019   


EN


Official Journal of the European Union


C 148/5






Judgment of the Court (Tenth Chamber) of 6 March 2019 — BMB sp. z o.o. v European Union Intellectual Property Office (EUIPO), Ferrero SpA
(Case C-693/17 P) (1)

(Appeal - Community design - Regulation (EC) No 6/2002 - Article 25(1)(e) - Invalidity proceedings - Design representing comfit boxes for sweets - Declaration of invalidity)
(2019/C 148/05)
Language of the case: English

Parties


Appellant: BMB sp. z o.o. (represented by: K. Czubkowski, radca prawny)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne and D. Walicka, acting as Agents), Ferrero SpA (represented by: M. Kefferpütz, Rechtsanwalt)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders BMB sp. z o.o. to pay the costs.






(1)  OJ C 142, 23.4.2018.
Euro exchange rates
Date: 2019-03-06
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019186EN.01000301.xml










3.6.2019   


EN


Official Journal of the European Union


C 186/3






Euro exchange rates (1)

31 May 2019
(2019/C 186/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1151 




JPY


Japanese yen


121,27 




DKK


Danish krone


7,4680 




GBP


Pound sterling


0,88693 




SEK


Swedish krona


10,6390 




CHF


Swiss franc


1,1214 




ISK


Iceland króna


138,30 




NOK


Norwegian krone


9,7915 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,816 




HUF


Hungarian forint


324,34 




PLN


Polish zloty


4,2843 




RON


Romanian leu


4,7430 




TRY


Turkish lira


6,5270 




AUD


Australian dollar


1,6136 




CAD


Canadian dollar


1,5115 




HKD


Hong Kong dollar


8,7457 




NZD


New Zealand dollar


1,7134 




SGD


Singapore dollar


1,5378 




KRW


South Korean won


1 328,31 




ZAR


South African rand


16,3834 




CNY


Chinese yuan renminbi


7,7045 




HRK


Croatian kuna


7,4185 




IDR


Indonesian rupiah


15 982,17 




MYR


Malaysian ringgit


4,6747 




PHP


Philippine peso


58,225 




RUB


Russian rouble


72,9053 




THB


Thai baht


35,282 




BRL


Brazilian real


4,4462 




MXN


Mexican peso


21,8922 




INR


Indian rupee


77,7410 






(1)  Source: reference exchange rate published by the ECB.
Case C-212/19: Request for a preliminary ruling from the Conseil d’État (France) lodged on 6 March 2019 — Ministre de l’Agriculture et de l’Alimentation v Compagnie des pêches de Saint-Malo
Date: 2019-03-06
Institutions: Court of Justice
Subjects: France, State aid, aquaculture, control of State aid, fishing industry, social-security contribution








C_2019164EN.01003701.xml










13.5.2019   


EN


Official Journal of the European Union


C 164/37






Request for a preliminary ruling from the Conseil d’État (France) lodged on 6 March 2019 — Ministre de l’Agriculture et de l’Alimentation v Compagnie des pêches de Saint-Malo
(Case C-212/19)
(2019/C 164/39)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Appellant: Ministre de l’Agriculture et de l’Alimentation

Respondent: Compagnie des pêches de Saint-Malo

Questions referred







1.


Must the Commission’s decision of 14 July 2004 (1) be interpreted as declaring that only the reductions in employers’ contributions are incompatible with the common market, on the ground that the reduction in employees’ contributions do not benefit the undertakings and therefore cannot fall within the scope of Article 107 of the Treaty on the Functioning of the European Union, or as also declaring the reductions in employees’ contributions to be incompatible?










2.


In the event that the Court finds that the Commission’s decision is to be interpreted as also declaring the reductions in employees’ contributions to be incompatible, must the undertaking be regarded as having received the full amount of those reductions or only a part thereof? In the latter case, how is that part to be assessed? Is the Member State required to order recovery from the employees concerned of the part of the aid from which they benefited?






(1)  Commission Decision of 14 July 2004 concerning certain aid measures applied by France to assist fish farmers and fishermen (2005/239/EC) (OJ 2005 L 74, p. 49).
Case T-289/15: Judgment of the General Court of 6 March 2019 — Hamas v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Right to property)
Date: 2019-03-06
Institutions: General Court
Subjects: EU restrictive measure, economic sanctions, international sanctions, legal person, ownership, terrorism, trade restriction








C_2019139EN.01004201.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/42






Judgment of the General Court of 6 March 2019 — Hamas v Council
(Case T-289/15) (1)

(Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP - Factual basis of the decisions to freeze funds - Obligation to state reasons - Error of assessment - Right to property)
(2019/C 139/39)
Language of the case: French

Parties


Applicant: Hamas (Doha, Qatar) (represented by: L. Glock, lawyer)

Defendant: Council of the European Union (represented by: initially B. Driessen and N. Rouam, and subsequently B. Driessen, F. Naert and A. Sikora-Kalėda, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: initially F. Castillo de la Torre and R. Tricot, and subsequently F. Castillo de la Torre, L. Baumgart and C. Zadra, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2015/521 of 26 March 2015 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2014/483/CFSP (OJ 2015 L 82, p. 107), and (ii) Council Implementing Regulation (EU) 2015/513 of 26 March 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 790/2014 (OJ 2015 L 82, p. 1), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Hamas to bear its own costs and to pay those incurred by the Council of the European Union;











3.



Orders the European Commission to bear its own costs.







(1)  OJ C 245, 27.7.2015.
Decision (EU, Euratom) 2019/382 of the Representatives of the Governments of the Member States of 6 March 2019 appointing a Judge to the General Court
Date: 2019-03-06
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








L_2019069EN.01005001.xml










11.3.2019   


EN


Official Journal of the European Union


L 69/50








            DECISION (EU, Euratom) 2019/382 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 6 March 2019
         
appointing a Judge to the General Court


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


In accordance with Article 7 of Protocol No 3 on the Statute of the Court of Justice of the European Union and following the appointment of Mr Peter George XUEREB as Judge of the Court of Justice, a judge should be appointed to the General Court for the remainder of the term of office of Mr Peter George XUEREB, which runs until 31 August 2019.












(2)


Ms Ramona FRENDO has been nominated for this post.












(3)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Ms Ramona FRENDO to perform the duties of Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Ms Ramona FRENDO is hereby appointed Judge to the General Court for the period from the date of entry into force of this Decision to 31 August 2019.


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




Done at Brussels, 6 March 2019.


The President

L. ODOBESCU
Opinion of the Governing Council of the European Central Bank of 6 March 2019 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2019/11)
Date: 2019-03-06
Institutions: European Central Bank
Subjects: appointment of members, member of the European Central Bank








C_2019094EN.01000201.xml










12.3.2019   


EN


Official Journal of the European Union


C 94/2






OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
of 6 March 2019
on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank
(CON/2019/11)
(2019/C 94/02)

Introduction and legal basis

On 20 February 2019 the European Central Bank (ECB) received a request from the President of the European Council for an opinion on Council Recommendation of 12 February 2019 (1) on the appointment of a member of the ECB’s Executive Board.
The competence of the ECB’s Governing Council to deliver an opinion is based on Article 283(2) of the Treaty on the Functioning of the European Union.

General observations









1.


The Council’s recommendation, which was submitted to the European Council and on which the European Parliament and the ECB’s Governing Council are being consulted, recommends that Philip R. LANE be appointed as a member of the ECB’s Executive Board for a term of office of eight years with effect from 1 June 2019.












2.


The ECB’s Governing Council is of the opinion that the proposed candidate is a person of recognised standing and professional experience in monetary or banking matters as required by Article 283(2) of the Treaty.












3.


The ECB’s Governing Council has no objection to the Council’s recommendation to appoint Philip R. LANE as a member of the ECB’s Executive Board.





Done at Frankfurt am Main, 6 March 2019.


The President of the ECB

Mario DRAGHI




(1)  OJ C 60, 15.2.2019, p. 1.
Decision (EU, Euratom) 2019/383 of the Representatives of the Governments of the Member States of 6 March 2019 appointing a Judge to the General Court
Date: 2019-03-06
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








L_2019069EN.01005101.xml










11.3.2019   


EN


Official Journal of the European Union


L 69/51








            DECISION (EU, Euratom) 2019/383 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 6 March 2019
         
appointing a Judge to the General Court


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council (1), provides that the General Court is to consist of two Judges per Member State as from 1 September 2019.












(2)


Point (c) of Article 2 of that Regulation provides that the term of office of four Judges, of the nine additional Judges to be appointed as from 1 September 2019, ends on 31 August 2022. Those four Judges are to be chosen in such a way that the governments of four Member States nominate two Judges for the partial replacement of the General Court in 2022.












(3)


Ms Tuula Riitta PYNNÄ has been nominated for the post of additional Judge of the General Court.












(4)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Ms Tuula Riitta PYNNÄ to perform the duties of Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Ms Tuula Riitta PYNNÄ is hereby appointed Judge of the General Court for the period from 1 September 2019 to 31 August 2022.


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




Done at Brussels, 6 March 2019.


The President

L. ODOBESCU
            





(1)  Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 341, 24.12.2015, p. 14).