do-me/EUR-LEX huggingface dataset:
Case T-138/17: Judgment of the General Court of 20 March 2019 — Prim v EUIPO — Primed Halberstadt Medizintechnik (PRIMED) (EU trade mark — Invalidity proceedings — EU word mark PRIMED — Earlier national figurative marks PRIM S.A., PRiM, S.A. SUMINISTROS MEDICOS and GRUPO PRiM — Genuine use of the earlier marks — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001) — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) — Submission of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Classification as new or additional evidence — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001))
Date: 2019-03-20
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2019155EN.01003901.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/39






Judgment of the General Court of 20 March 2019 — Prim v EUIPO — Primed Halberstadt Medizintechnik (PRIMED)
(Case T-138/17) (1)

(EU trade mark - Invalidity proceedings - EU word mark PRIMED - Earlier national figurative marks PRIM S.A., PRiM, S.A. SUMINISTROS MEDICOS and GRUPO PRiM - Genuine use of the earlier marks - Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001) - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) - Submission of evidence for the first time before the Board of Appeal - Discretion of the Board of Appeal - Classification as new or additional evidence - Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001))
(2019/C 155/46)
Language of the case: English

Parties


Applicant: Prim, SA (Móstoles, Spain) (represented by: L. Broschat García, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Primed Halberstadt Medizintechnik GmbH (Halberstadt, Germany) (represented by: D. Donath, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 December 2016 (Joined Cases R 2494/2015-4 and R 163/2016-4), relating to invalidity proceedings between Prim and Primed Halberstadt Medizintechnik.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 December 2016 (Joined Cases R 2494/2015-4 and R 163/2016-4);











2.



Dismisses the action as to the remainder;











3.



Orders EUIPO to bear its own costs and to pay half of those incurred by Prim, SA;











4.



Orders Primed Halberstadt Medizintechnik GmbH to bear its own costs and to pay half of those ińcurred by Prim.







(1)  OJ C 129, 24.4.2017.
Case C-243/19: Request for a preliminary ruling from the Augstākā tiesa (Senāts) (Latvia) lodged on 20 March 2019 — A v Veselības ministrija
Date: 2019-03-20
Institutions: Court of Justice
Subjects: cross-border cooperation, freedom of religious beliefs, health care, health expenditure, hospitalisation, patient's rights, right to health, social security, therapeutics








C_2019182EN.01002301.xml










27.5.2019   


EN


Official Journal of the European Union


C 182/23






Request for a preliminary ruling from the Augstākā tiesa (Senāts) (Latvia) lodged on 20 March 2019 — A v Veselības ministrija
(Case C-243/19)
(2019/C 182/28)
Language of the case: Latvian

Referring court

Augstākā tiesa (Senāts)

Parties to the main proceedings

Applicant: A

Defendant: Veselības ministrija

Questions referred







1.


Must Article 20(2) of Regulation (EC) No 883/2004 (1) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, in conjunction with Article 21(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a Member State may refuse to grant the authorisation referred to in Article 20(1) of that regulation where hospital care, the medical effectiveness of which is not contested, is available in the person’s Member State of residence, even though the method of treatment used is contrary to that person’s religious beliefs?










2.


Must Article 56 of the Treaty on the Functioning of the European Union and Article 8(5) of Directive 2011/24/EU (2) of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare, in conjunction with Article 21(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a Member State may refuse to grant the authorisation referred to in Article 8(1) of that directive where hospital care, the medical effectiveness of which is not contested, is available in the person’s Member State of affiliation, even though the method of treatment used is contrary to that person’s religious beliefs?






(1)  OJ 2004 L 166, p. 1.

(2)  OJ 2011 L 88, p. 45.
Case T-310/16: Judgment of the General Court of 20 March 2019 — Foshan Lihua Ceramic v Commission (Dumping — Imports of ceramic tiles originating in China — Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) — Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 — Sampling — Individual examination — Confidentiality)
Date: 2019-03-20
Institutions: General Court
Subjects: China, anti-dumping measure, ceramics, floor coverings, import (EU), originating product








C_2019155EN.01003801.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/38






Judgment of the General Court of 20 March 2019 — Foshan Lihua Ceramic v Commission
(Case T-310/16) (1)

(Dumping - Imports of ceramic tiles originating in China - Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) - Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 - Sampling - Individual examination - Confidentiality)
(2019/C 155/45)
Language of the case: English

Parties


Applicant: Foshan Lihua Ceramic Co. Ltd (Foshan, China) (represented by: B. Spinoit, D. Philippe and A. Wese, lawyers)

Defendant: European Commission (represented initially by: A. Demeneix, M. França and T. Maxian Rusche, and subsequently by A. Demeneix, T. Maxian Rusche and N. Kuplewatzky, acting as Agents)

Intervener in support of the defendant: Cerame-Unie AISBL (Brussels, Belgium) (represented by: V. Akritidis, lawyer)

Re:

Application pursuant to Article 263 TFEU, for the annulment of the Commission’s Implementing Decision C(2016) 2136 final of 15 April 2016 rejecting a request for a new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tiles originating in the People’s Republic of China by Implementing Regulation (EU) No 917/2011.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Foshan Lihua Ceramic Co. Ltd to bear its own costs and to pay those incurred by the European Commission;











3.



Orders Cerame-Unie AISBL to bear its own costs.







(1)  OJ C 305, 22.8.2016.
Decision No 64/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/557]
Date: 2019-03-20
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2019097EN.01001101.xml










8.4.2019   


EN


Official Journal of the European Union


L 97/11








            DECISION No 64/2018 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 20 March 2019
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/557]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14,


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington, on 21 February 2019
                  



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 20 March 2019
                  







ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











PKM electronic GmbH




Ohmstraße 1




84160 Frontenhausen




GERMANY
Decision No 66/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Telecommunication Equipment [2019/559]
Date: 2019-03-20
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2019097EN.01001501.xml










8.4.2019   


EN


Official Journal of the European Union


L 97/15








            DECISION No 66/2019 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 20 March 2019
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Telecommunication Equipment [2019/559]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Telecommunication Equipment.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington, on 21 February 2019
                  



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 20 March 2019
                  







ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Telecommunication Equipment











LGAI Technological Center, S.A. (APPLUS)




Ronda de la Font del Carme, s/n




08193 Bellaterra. BARCELONA




SPAIN
Decision No 63/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/556]
Date: 2019-03-20
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2019097EN.01000901.xml










8.4.2019   


EN


Official Journal of the European Union


L 97/9








            DECISION No 63/2018 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 20 March 2019
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/556]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14,


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington, on 21 February 2019
                  



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 20 March 2019
                  







ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











SMEE




ZI des Blanchisseries




Rue de Taille




38500 Voiron




FRANCE
Case T-766/16: Judgment of the General Court of 20 March 2019 — Hércules Club de Fútbol v Commission (State aid — Aid granted by Spain to certain professional football clubs — Guarantee — Decision declaring the aid incompatible with the internal market — Advantage — Obligation to state reasons)
Date: 2019-03-20
Institutions: General Court
Subjects: Spain, State aid, control of State aid, guarantee, professional sport, reimbursement of aid, sports body








C_2019164EN.01004301.xml










13.5.2019   


EN


Official Journal of the European Union


C 164/43






Judgment of the General Court of 20 March 2019 — Hércules Club de Fútbol v Commission
(Case T-766/16) (1)

(State aid - Aid granted by Spain to certain professional football clubs - Guarantee - Decision declaring the aid incompatible with the internal market - Advantage - Obligation to state reasons)
(2019/C 164/44)
Language of the case: Spanish

Parties


Applicant: Hércules Club de Fútbol, SAD (Alicante, Spain) (represented by: S. Rating and Y. Martínez Mata, lawyers)

Defendant: European Commission (represented by: G. Luengo, B. Stromsky and P. Němečková, Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: initially A. Gavela Llopis and M.J. García-Valdecasas Dorrego, subsequently by M.J. García-Valdecasas Dorrego, Agents)

Re:

Action under Article 263 TFEU seeking annulment of Commission Decision (EU) 2017/365 of 4 July 2016 on the State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) implemented by Spain for Valencia Club de Fútbol, SAD, Hércules Club de Fútbol, SAD and Elche Club de Fútbol, SAD (OJ 2017 L 55, p. 12).

Operative part of the judgment

The Court:






1.



Annuls Commission Decision (EU) 2017/365 of 4 July 2016 on the State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) implemented by Spain for Valencia Club de Fútbol, SAD, Hércules Club de Fútbol, SAD and Elche Club de Fútbol, SAD, in so far as it concerns Hércules Club de Fútbol, SAD;











2.



Orders the European Commission to bear its own costs and to pay those incurred by Hércules Club de Fútbol;











3.



Orders the Kingdom of Spain to bear its own costs.







(1)  OJ C 6, 9.1.2017.
Case C-240/19: Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 2 de Ourense (Spain) lodged on 20 March 2019 — FA v Tesorería General de la Seguridad Social (TGSS)
Date: 2019-03-20
Institutions: Court of Justice
Subjects: Spain, equal treatment, social security legislation, social-security contribution, social-security harmonisation








C_2019238EN.01000501.xml










15.7.2019   


EN


Official Journal of the European Union


C 238/5






Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 2 de Ourense (Spain) lodged on 20 March 2019 — FA v Tesorería General de la Seguridad Social (TGSS)
(Case C-240/19)
(2019/C 238/07)
Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo No 2 de Ourense

Parties to the main proceedings


Applicant: FA

Defendant: Tesorería General de la Seguridad Social (TGSS)

Questions referred







1.


Where a national provision, such as Article 2(2)(a) of Order TAS 2865/2003, requires that a person must have left a social security scheme in order to be eligible for voluntary insurance or optional continued insurance, must the person concerned have left a Spanish social security scheme or, on the other hand, in accordance with the principle of equal treatment of facts laid down in Article 5(b) of Regulation No 883/2004, (1) must the Spanish competent institution take account of the fact that the person concerned has left a similar social security scheme of another Member State, as though that had occurred in Spain?










2.


Where a national provision, such as Article 3(3) of Order TAS 2865/2003, requires evidence of contribution periods as a condition of eligibility for voluntary insurance or optional continued insurance, is it necessary for the person concerned to have been subject to the Spanish legislation at some earlier stage or, in accordance with Article 6 of Regulation No 883/2004, must the competent Spanish institution take account of contribution periods completed under the legislation of another Member State, as though those contribution periods were completed in Spain?






(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
Case T-762/17: Judgment of the General Court of 20 March 2019 — Grammer v EUIPO (Representation of a shape) (EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
Date: 2019-03-20
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, scientific research, testing, trade-mark law, vehicle parts, vocational training








C_2019155EN.01004102.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/41






Judgment of the General Court of 20 March 2019 — Grammer v EUIPO (Representation of a shape)
(Case T-762/17) (1)

(EU trade mark - Application for EU figurative mark representing a shape - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
(2019/C 155/49)
Language of the case: German

Parties


Applicant: Grammer AG (Amberg, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4), concerning an application for registration of a shape as an EU figurative mark.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2017 (Case R-2250/2016).











2.



Orders EUIPO to pay the costs, including the costs necessarily incurred by Grammer AG for the purposes of the proceedings before the Board of Appeal of EUIPO.







(1)  OJ C 22, 22.1.2018.
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for the specific allocation for the Youth Employment Initiative’(COM(2019) 55 final — 2019/0027 (COD))
Date: 2019-03-20
Institutions: European Economic and Social Committee
Subjects: EU initiative, commitment of expenditure, distribution of EU funding, economic and social cohesion, employment aid, financial aid, financial management, fund (EU), youth employment








C_2019228EN.01010301.xml










5.7.2019   


EN


Official Journal of the European Union


C 228/103






Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for the specific allocation for the Youth Employment Initiative’
(COM(2019) 55 final — 2019/0027 (COD))
(2019/C 228/15)






Referral


European Parliament, 11.2.2019
Council of the European Union, 19.2.2019




Legal basis


Articles 177 and 304 of the Treaty on the Functioning of the European Union




Section responsible


Section for Employment, Social Affairs and Citizenship




Adopted at plenary


20.3.2019




Plenary session No


542 




Outcome of vote
(for/against/abstentions)


132/0/1




Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 542nd plenary session of 20 and 21 March 2019 (meeting of 20 March 2019), unanimously, to issue an opinion endorsing the proposed text.

Brussels, 20 March 2019.


The President


of the European Economic and Social Committee

Luca JAHIER