do-me/EUR-LEX huggingface dataset:
Case C-218/19: Request for a preliminary ruling from the Cour de cassation (France) lodged on 12 March 2019 — XR v Coseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris
Date: 2019-03-12
Institutions: Court of Justice
Subjects: European civil service, France, access to a profession, civil servant, derogation from EU law, diploma, higher education, lawyer, national law, vocational training








C_2019182EN.01002202.xml










27.5.2019   


EN


Official Journal of the European Union


C 182/22






Request for a preliminary ruling from the Cour de cassation (France) lodged on 12 March 2019 — XR v Coseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris
(Case C-218/19)
(2019/C 182/27)
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: XR

Defendants: Conseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris

Questions referred







1.


Does the principle that the Treaty establishing the European Economic Community, now, after amendment, the Treaty on the Functioning of the European Union, has created its own legal system, which is integrated into the legal systems of the Member States and which their courts are bound to apply, preclude national legislation which makes the grant of an exemption from the training and diploma requirements laid down, in principle, for entry to the profession of lawyer, dependent on the requirement of sufficient knowledge, on the part of the person requesting exemption, of national law of French origin, so that similar knowledge of the law of the European Union alone is not taken into account?










2.


Do Articles 45 and 49 of the Treaty on the Functioning of the European Union preclude national legislation which restricts an exemption from the training and diploma requirements laid down, in principle, for entry to the profession of lawyer, to certain members of the civil service of the same Member State who have performed legal work in that capacity, in France, in an administration or a public service or an international organisation, and which excludes from the scope of that exemption members or former members of the European civil service who have performed legal work in that capacity, in one or more fields of the law of the European Union, within the European Commission?
Commission Delegated Regulation (EU) 2019/821 of 12 March 2019 amending Regulation (EU) 2016/1076 of the European Parliament and of the Council in order to include the Independent State of Samoa in Annex I
Date: 2019-03-12
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Samoa, abolition of customs duties, administrative cooperation, cooperation agreement (EU), import (EU), market access, originating product, protective clause, trade agreement (EU)








L_2019134EN.01001201.xml










22.5.2019   


EN


Official Journal of the European Union


L 134/12








            COMMISSION DELEGATED REGULATION (EU) 2019/821
of 12 March 2019
         
amending Regulation (EU) 2016/1076 of the European Parliament and of the Council in order to include the Independent State of Samoa in Annex I


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) 2016/1076 of the European Parliament and of the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (1), and in particular Article 2(2) thereof,

Whereas:







(1)


Annex I to Regulation (EU) 2016/1076 lists the countries to which the market access arrangements provided for by that Regulation apply.












(2)


On 6 December 2018, the Council approved, on behalf of the Union, the accession of Samoa to the interim Economic Partnership Agreement between the Union and the Pacific States. Following Samoa's deposition of its Act of Accession, the interim Economic Partnership Agreement is provisionally applied between the Union and Samoa from 31 December 2018.












(3)


Therefore the Independent State of Samoa should be included in Annex I,





HAS ADOPTED THIS REGULATION:



Article 1
In Annex I to Regulation (EU) 2016/1076 the following is inserted after the words ‘SAINT VINCENT AND THE GRENADINES’:


                  ‘THE INDEPENDENT STATE OF SAMOA’.



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 March 2019.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 185, 8.7.2016, p. 1.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance.)
Date: 2019-03-12
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical compound, chemical product, health control, health risk, market approval, marketing standard, metal coating, vehicle parts








C_2019094EN.01000401.xml










12.3.2019   


EN


Official Journal of the European Union


C 94/4






Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
)

(Text with EEA relevance)
(2019/C 94/04)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised use


Date of expiry of review period


Reasons for the decision




C(2019) 1663


5 March 2019


Chromium trioxide
EC No 215-607-8,
CAS No 1333-82-0


Federal-Mogul Burscheid GmbH, Buergermeister-Schmidt-Str. 17, 51399 Burscheid, Germany


REACH/19/6/0


Use of chromium trioxide in functional chrome plating of piston rings for automotive engines as applied in the segments light vehicle petrol, light vehicle diesel, middle range diesel and heavy duty.


21 September 2029


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies in terms of their technical and economic feasibility.






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
Corrigendum to Summary of Commission Decision of 6 September 2018 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (OJ C 417, 16.11.2018)
Date: 2019-03-12
Institutions: European Commission
Subjects: economic concentration, electronics industry, information technology industry, merger control, mobile phone, music








C_2019094EN.01001201.xml










12.3.2019   


EN


Official Journal of the European Union


C 94/12






Corrigendum to Summary of Commission Decision of 6 September 2018 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement
(
Official Journal of the European Union C 417 of 16 November 2018
)
(2019/C 94/08)
On the cover, in the table of contents, and on page 4, after the title:

for:


‘(notified under document C(2018) 5534)’,


read:

‘(notified under document C(2018) 5748)’.
Case C-221/17: Judgment of the Court (Grand Chamber) of 12 March 2019 (request for a preliminary ruling from the Raad van State — Netherlands) — M.G. Tjebbes and Others v Minister van Buitenlandse Zaken (Reference for a preliminary ruling — Citizenship of the European Union — Article 20 TFUE — Articles 7 and 24 of the Charter of Fundamental Rights of the European Union — Nationalities of a Member State and of a third country — Loss of the nationality of a Member State and of citizenship of the Union by operation of law — Consequences — Proportionality)
Date: 2019-03-12
Institutions: Court of Justice
Subjects: European citizenship, nationality, principle of proportionality








C_2019155EN.01000401.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/4






Judgment of the Court (Grand Chamber) of 12 March 2019 (request for a preliminary ruling from the Raad van State — Netherlands) — M.G. Tjebbes and Others v Minister van Buitenlandse Zaken
(Case C-221/17) (1)

(Reference for a preliminary ruling - Citizenship of the European Union - Article 20 TFUE - Articles 7 and 24 of the Charter of Fundamental Rights of the European Union - Nationalities of a Member State and of a third country - Loss of the nationality of a Member State and of citizenship of the Union by operation of law - Consequences - Proportionality)
(2019/C 155/04)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicants: M.G. Tjebbes, G.J.M. Koopman, E. Saleh Abady, L. Duboux

Defendant: Minister van Buitenlandse Zaken

Operative part of the judgment

Article 20 TFEU, read in the light of Articles 7 and 24 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding legislation of a Member State such as that at issue in the main proceedings, which provides under certain conditions for the loss, by operation of law, of the nationality of that Member State, which entails, in the case of persons who are not also nationals of another Member State, the loss of their citizenship of the Union and the rights attaching thereto, in so far as the competent national authorities, including national courts where appropriate, are in a position to examine, as an ancillary issue, the consequences of the loss of that nationality and, where appropriate, to have the persons concerned recover their nationality ex tunc in the context of an application by those persons for a travel document or any other document showing their nationality. In the context of that examination, the authorities and the courts must determine whether the loss of the nationality of the Member State concerned, when it entails the loss of citizenship of the Union and the rights attaching thereto, has due regard to the principle of proportionality so far as concerns the consequences of that loss for the situation of each person concerned and, if relevant, for that of the members of their family, from the point of view of EU law.


(1)  OJ C 239, 24.7.2017.
Case T-446/17: Judgment of the General Court of 12 March 2019 — TK v Parliament (Civil service — Temporary agents — Change in the activities assigned — Concept of concern — Invitation to an interview — Concept of proceedings — Allegation of psychological harassment — Request for assistance — Liability — Non-material damage)
Date: 2019-03-12
Institutions: General Court
Subjects: harassment at work, indemnification, psychological harassment, reassignment, servant (EU), temporary employment








C_2019148EN.01004801.xml










29.4.2019   


EN


Official Journal of the European Union


C 148/48






Judgment of the General Court of 12 March 2019 — TK v Parliament
(Case T-446/17) (1)

(Civil service - Temporary agents - Change in the activities assigned - Concept of concern - Invitation to an interview - Concept of proceedings - Allegation of psychological harassment - Request for assistance - Liability - Non-material damage)
(2019/C 148/45)
Language of the case: French

Parties


Applicant: TK (represented by: L. Levi, lawyer)

Defendant: European Parliament (represented by: initially E. Taneva and M. Rantala, acting as Agents, then E. Taneva, C. González Argüelles and D. Boytha, acting as Agents)

Re:

Action based on Article 270 TFEU and seeking annulment of the decision of the President of the Parliament of 26 August 2016 rejecting the applicant’s requests of 28 April 2016 and compensation for non-material damage allegedly suffered by the applicant as well as annulment of the decision of the General Secretary of the Parliament of 26 April 2017, in so far as it rejects the application for compensation of non-material damage allegedly suffered by the applicant, and compensation for that damage.

Operative part of the judgment

The Court:






1.



dismisses the action;











2.



orders TK to bear, in addition to his own costs, those incurred by the European Parliament.







(1)  OJ C 357, 23.10.2017.
Case T-463/18: Judgment of the General Court of 12 March 2019 — Novartis v EUIPO (SMARTSURFACE) (EU trade mark — Application for EU word mark SMARTSURFACE — Absolute ground 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)
Date: 2019-03-12
Institutions: General Court
Subjects: EU trade mark, optical industry, registered trade mark, trade-mark law








C_2019148EN.01005201.xml










29.4.2019   


EN


Official Journal of the European Union


C 148/52






Judgment of the General Court of 12 March 2019 — Novartis v EUIPO (SMARTSURFACE)
(Case T-463/18) (1)

(EU trade mark - Application for EU word mark SMARTSURFACE - Absolute ground 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)
(2019/C 148/50)
Language of the case: English

Parties


Applicant: Novartis AG (Basle, Switzerland) (represented by: L. Junquera Lara, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2018 (Case R 1765/2017-2), relating to an application for registration of the word sign SMARTSURFACE as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Novartis AG to pay the costs.







(1)  OJ C 352, 1.10.2018.
Case T-156/19: Action brought on 12 March 2019 — Koenig & Bauer v EUIPO (we’re on it)
Date: 2019-03-12
Institutions: General Court
Subjects: EU trade mark, miscellaneous industries, registered trade mark, trade-mark law








C_2019148EN.01006301.xml










29.4.2019   


EN


Official Journal of the European Union


C 148/63






Action brought on 12 March 2019 — Koenig & Bauer v EUIPO (we’re on it)
(Case T-156/19)
(2019/C 148/63)
Language of the case: German

Parties


Applicant: Koenig & Bauer AG (Würzburg, Germany) (represented by: B. Reinisch, B. Sorg and M. Ringer, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Registration of EU word mark we’re on it — Application for registration No 16 983 066

Contested decision: Decision of the First Board of Appeal of EUIPO of 16 January 2019 in Case R 1027/2018-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and amend it to the effect that EUIPO’s decision of 23 April 2018 rejecting EU trade mark application No 16 983 066 is annulled, continue the registration procedure of EU trade mark application No 16 983 066 and refund the applicant (applicant for the contested mark) the costs incurred in relation to the appeal;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 94(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 94(1), second sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-784/17: Order of the General Court of 12 March 2019 — Strabag Belgium v Parliament (Action for annulment — Public works contracts — Tender procedure — General contractor works for European Parliament buildings in Brussels — Rejection of a tenderer’s bid and award of the contract to other tenderers — Replacement of the contested measure in the course of the proceedings — Action which has become devoid of purpose — No need to adjudicate)
Date: 2019-03-12
Institutions: General Court
Subjects: Belgium, Brussels region, award of contract, building, invitation to tender, works contract








C_2019155EN.01004302.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/43






Order of the General Court of 12 March 2019 — Strabag Belgium v Parliament
(Case T-784/17) (1)

(Action for annulment - Public works contracts - Tender procedure - General contractor works for European Parliament buildings in Brussels - Rejection of a tenderer’s bid and award of the contract to other tenderers - Replacement of the contested measure in the course of the proceedings - Action which has become devoid of purpose - No need to adjudicate)
(2019/C 155/52)
Language of the case: French

Parties


Applicant: Strabag Belgium (Antwerp, Belgium) (represented by: initially by M. Schoups, K. Lemmens and M. Lahbib, and subsequently by M. Schoups and K. Lemmens, lawyers)

Defendant: European Parliament (represented by: Z. Nagy and B. Simon, acting as Agents)

Re:

Action under Article 263 TFEU seeking, first, annulment of the decision of the Parliament of 24 November 2017 rejecting the applicant’s tender and awarding to five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels (Belgium) (call for tenders 06D20/2017/M036) and, second, an order for the Parliament to produce various documents.

Operative part of the order







1.



There is no longer any need to adjudicate on the action;











2.



The European Parliament is ordered to pay the costs, including those relating to the proceedings for interim measures;











3.



The head of claim requesting that the Parliament be ordered to pay ‘procedural compensation’ is rejected as inadmissible.







(1)  OJ C 32, 29.1.2018.
European Parliament legislative resolution of 12 March 2019 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Republic of Croatia to the European Union (10219/2016 — C8-0135/2017 — 2016/0121(NLE))
Date: 2019-03-12
Institutions: Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Croatia, Egypt, Mediterranean region (EU), Union for the Mediterranean, accession to the European Union, association agreement (EU), protocol to an agreement, ratification of an agreement








C_2021023EN.01021001.xml










21.1.2021   


EN


Official Journal of the European Union


C 23/210






P8_TA(2019)0145
EU-Egypt Euro-Mediterranean Agreement (accession of Croatia) ***
European Parliament legislative resolution of 12 March 2019 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Republic of Croatia to the European Union (10219/2016 — C8-0135/2017 — 2016/0121(NLE))
(Consent)
(2021/C 23/37)

The European Parliament,






—


having regard to the draft Council decision (10219/2016),










—


having regard to the draft Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Republic of Croatia to the European Union (10221/2016),










—


having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0135/2017),










—


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 Foreign Affairs (A8-0025/2019),












1.


Gives its consent to conclusion of the Protocol;












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 Arab Republic of Egypt.
Case T-155/19: Action brought on 12 March 2019 — AP v EIF
Date: 2019-03-12
Institutions: General Court
Subjects: appointment of members, damages, illness, incapacity for work, interest, social-security benefit, termination of employment








C_2019155EN.01005301.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/53






Action brought on 12 March 2019 — AP v EIF
(Case T-155/19)
(2019/C 155/62)
Language of the case: English

Parties


Applicant: AP (represented by: L. Levi, lawyer)

Defendant: European Investment Fund

Form of order sought

The applicant claims that the Court should:






—


annul the decisions of the defendant dated 30 August 2018 and 3 October 2018 rejecting the applicant’s request dated 20 June 2018;










—


order the defendant to pay the benefits provided by article 33 of the Staff Regulations retroactively as of 1st April 2018 increased by late interest calculated at the level of the European Central Bank rate +2 points until full payment is received by the applicant;










—


order the defendant to compensate the moral harm, which can be evaluated, ex aequo et bono to the sum of at least 20 000 euros;










—


order the defendant to pay all costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the illness of the applicant involved the suspension of the notice period and the application of the social security scheme. The applicant submits that the contrary would constitute a breach of the staff regulations, of the duty of care and of the principle of legitimate expectations.










2.


Second plea in law, alleging that the refusal to accept the withdrawal of the resignation of the applicant breaches the duty of care.