do-me/EUR-LEX huggingface dataset:
Case T-186/19: Action brought on 29 March 2019 — Zubedi v Council
Date: 2019-03-29
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, entrepreneur, international sanctions, natural person








C_2019187EN.01008201.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/82






Action brought on 29 March 2019 — Zubedi v Council
(Case T-186/19)
(2019/C 187/88)
Language of the case: English

Parties


Applicant: Khaled Zubedi (Damascus, Syria) (represented by: M. Lester, QC and M. O’Kane, Solicitor)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul the Council implementing decision (CFSP) 2019/87 of 21 January 2019 (1) and Council implementing regulation (EU) 2019/85 of 21 January 2019 (2), insofar as they apply to the applicant; and










—


order the defendant to pay costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the defendant committed a manifest error in its assessment by including the applicant in the European Union’s restrictive measures concerning Syria.
The applicant has been included by the Council implementing decision (CFSP) 2019/87 and Council implementing regulation (EU) 2019/85 on the basis that he is one of a group of successful businessman in Syria, who are all said by the defendant, to be making large profits from and supporting the regime of President Assad by forming partnerships with State backed companies to develop land expropriated from people displaced by the conflict in Syria. This would be completely untrue in respect of the applicant, the criteria for inclusion would have not been fulfilled and the defendant’s case would have been based on an insufficiently solid basis.


(1)  Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 181, 21.1.2019, p. 13).

(2)  Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 181, 21.1.2019, p. 4).
Decision of the EEA Joint Committee No 62/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/816]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal product, drug residue, equidae, fish, food safety, foodstuff, rabbit, revision of an agreement, swine, veterinary medicinal product




L_2020210EN.01002901.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/29








            DECISION OF THE EEA JOINT COMMITTEE No 62/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/816]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2018/721 of 16 May 2018 amending Regulation (EU) No 37/2010 to classify the substance porcine prolactin as regards its maximum residue limit (1) is to be incorporated into the EEA Agreement.












(2)


Commission Implementing Regulation (EU) 2018/722 of 16 May 2018 amending Regulation (EU) No 37/2010 to classify the substance eprinomectin as regards its maximum residue limit (2) is to be incorporated into the EEA Agreement.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indents are added in point 13 (Commission Regulation (EU) No 37/2010) of Chapter XIII of Annex II to the EEA Agreement:






‘—



32018 R 0721: Commission Implementing Regulation (EU) 2018/721 of 16 May 2018 (OJ L 122, 17.5.2018, p. 5),










—



32018 R 0722: Commission Implementing Regulation (EU) 2018/722 of 16 May 2018 (OJ L 122, 17.5.2018, p. 8).’






Article 2
The texts of Implementing Regulations (EU) 2018/721 and (EU) 2018/722 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 March 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 March 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 122, 17.5.2018, p. 5.

(2)  
            OJ L 122, 17.5.2018, p. 8.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 94/2019 of 29 March 2019 amending Annex XX (Environment) to the EEA Agreement [2020/842]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer information, eco-label, environmental impact, environmental standard, revision of an agreement




L_2020210EN.01008001.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/80








            DECISION OF THE EEA JOINT COMMITTEE No 94/2019
of 29 March 2019
         
amending Annex XX (Environment) to the EEA Agreement [2020/842]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Decision (EU) 2018/1590 of 19 October 2018 amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex XX to the EEA Agreement shall be amended as follows:






(1)


The following indent is added in point 2zf (Commission Decision 2012/481/EU):






‘—



32018 D 1590: Commission Decision (EU) 2018/1590 of 19 October 2018 (OJ L 264, 23.10.2018, p. 24).’














(2)


The following is added in point 2w (Commission Decision 2014/391/EU), 2y (Commission Decision 2014/893/EU) and 2zo (Commission Decision 2014/763/EU):

                              ‘, as amended by:






—



32018 D 1590: Commission Decision (EU) 2018/1590 of 19 October 2018 (OJ L 264, 23.10.2018, p. 24).’
                                 










Article 2
The text of Decision (EU) 2018/1590 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 March 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 March 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 264, 23.10.2018, p. 24.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 37/2019 of 29 March 2019 amending Annex IX (Financial Services) to the EEA Agreement [2019/1223]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, United Kingdom, contract, credit institution, financial derivative, financial legislation, financial transaction, revision of an agreement, trading margin, withdrawal from the EU




L_2019192EN.01004701.xml










18.7.2019   


EN


Official Journal of the European Union


L 192/47








            DECISION OF THE EEA JOINT COMMITTEE No 37/2019
of 29 March 2019
         
amending Annex IX (Financial Services) to the EEA Agreement [2019/1223]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2019/397 of 19 December 2018 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 31bcs (Commission Delegated Regulation (EU) 2016/2251) of Annex IX to the EEA Agreement:







‘—



32019 R 0397: Commission Delegated Regulation (EU) 2019/397 of 19 December 2018 (OJ L 71, 13.3.2019, p. 15).’







Article 2
The text of Delegated Regulation (EU) 2019/397 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 March 2019 or on the day following the last notification under Article 103(1) of the EEA Agreement (*1) or on the day of the entry into force of the Decision of the EEA Joint Committee incorporating Commission Delegated Regulation (EU) 2016/2251 into the EEA Agreement, whichever is the later.


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 March 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 71, 13.3.2019, p. 15


(*1)  No constitutional requirements indicated.
Case T-611/17: Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a shoe sole — Well known facts — Obligation to state reasons — Rights of defence — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) — Rejection of the request to hold a hearing before the Board of Appeal — Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
Date: 2019-03-29
Institutions: General Court
Subjects: EU trade mark, electronic commerce, footwear industry, registered trade mark, retail selling, rubber industry, trade-mark law








C_2019172EN.01003101.xml










20.5.2019   


EN


Official Journal of the European Union


C 172/31






Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole)
(Case T-611/17) (1)

(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a shoe sole - Well known facts - Obligation to state reasons - Rights of defence - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) - Distinctive character acquired through use - Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) - Rejection of the request to hold a hearing before the Board of Appeal - Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
(2019/C 172/43)
Language of the case: French

Parties


Applicant: All Star CV (Beaverton, Oregon, United States) (represented by: R. Kunze, G. Würtenberger, lawyers, and S. Malynicz QC)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carrefour Hypermarchés (Évry, France) (represented by: C. Verneret, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 June 2017 (Case R 952/2014-4), relating to invalidity proceedings between Carrefour Hypermarchés and All Star.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders All Star CV to pay the costs.







(1)  OJ C 374, 6.11.2017.
Decision of the EEA Joint Committee No 46/2019 of 29 March 2019 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2020/800]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal welfare, poultry, poultry farming, protection of animals, revision of an agreement, slaughter of animals, technical standard, veterinary inspection




L_2020210EN.01000101.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/1








            DECISION OF THE EEA JOINT COMMITTEE No 46/2019
of 29 March 2019
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2020/800]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2018/723 of 16 May 2018 amending Annexes I and II to Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing as regards the approval of low atmospheric pressure stunning (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 2a (Council Regulation (EC) No 1099/2009) in Part 9.1 of Chapter I of Annex I to the EEA Agreement:

                  ‘, as amended by:






—



32018 R 0723: Commission Implementing Regulation (EU) 2018/723 of 16 May 2018 (OJ L 122, 17.5.2018, p. 11).’
                     






Article 2
The text of Implementing Regulation (EU) 2018/723 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 March 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 March 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 122, 17.5.2018, p. 11.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 70/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/823]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, approval, combustion gases, engine, environmental standard, motor vehicle, motor vehicle pollution, pollution control measures, revision of an agreement, technical specification




L_2020210EN.01003901.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/39








            DECISION OF THE EEA JOINT COMMITTEE No 70/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/823]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2018/987 of 27 April 2018 amending and correcting Delegated Regulation (EU) 2017/655 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to monitoring of gaseous pollutant emissions from in-service internal combustion engines installed in non-road mobile machinery (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 1g (Commission Delegated Regulation (EU) 2017/655) of Chapter XXIV of Annex II to the EEA Agreement:






 



                        ‘, as amended by:






—



32018 R 0987: Commission Delegated Regulation (EU) 2018/987 of 27 April 2018 (OJ L 182, 18.7.2018, p. 40).’
                              










Article 2
The text of Delegated Regulation (EU) 2018/987 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 March 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 March 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 182, 18.7.2018, p. 40.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 64/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1228]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, European Medicines Agency, European Union membership, United Kingdom, offshoring, operation of the Institutions, revision of an agreement, withdrawal from the EU




L_2019192EN.01005201.xml










18.7.2019   


EN


Official Journal of the European Union


L 192/52








            DECISION OF THE EEA JOINT COMMITTEE No 64/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1228]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Regulation (EU) 2018/1718 of the European Parliament and of the Council of 14 November 2018 amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 15zb (Regulation (EC) No 726/2004 of the European Parliament and of the Council) of Chapter XIII of Annex II to the EEA Agreement:







‘—



32018 R 1718: Regulation (EU) 2018/1718 of the European Parliament and of the Council of 14 November 2018 (OJ L 291, 16.11.2018, p. 3).’







Article 2
The text of Regulation (EU) 2018/1718 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 March 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 March 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 291, 16.11.2018, p. 3.

(*1)  No constitutional requirements indicated.
Non-opposition to a notified concentration (Case M.9195 — Lifeco/Hammerson/Swords Pavilions) (Text with EEA relevance.)
Date: 2019-03-29
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, property development, property leasing, real estate business, shopping centre








C_2019276EN.01000802.xml










16.8.2019   


EN


Official Journal of the European Union


C 276/8






Non-opposition to a notified concentration
(Case M.9195 — Lifeco/Hammerson/Swords Pavilions)
(Text with EEA relevance)
(2019/C 276/03)
On 29 March 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 32019M9195. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-264/19: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 March 2019 — Constantin Film Verleih GmbH v YouTube LLC, Google Inc.
Date: 2019-03-29
Institutions: Court of Justice
Subjects: Internet address, data protection, data transmission, disclosure of information, electronic mail, goods and services, intellectual property, telephone, web surfer








C_2019230EN.01001902.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/19






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 29 March 2019 — Constantin Film Verleih GmbH v YouTube LLC, Google Inc.
(Case C-264/19)
(2019/C 230/23)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Constantin Film Verleih GmbH

Defendants: YouTube LLC, Google Inc.

Questions referred







1.


Do the addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers, mentioned in Article 8(2)(a) of Directive 2004/48/EC (1) and covered, as appropriate, by the information referred to in Article 8(1) of Directive 2004/48/EC, also include






(a)


the email addresses of service users and/or










(b)


the telephone numbers of service users and/or










(c)


the IP addresses used by service users to upload infringing files, together with the precise point in time at which such uploading took place?














2.


If the answer to Question 1(c) is in the affirmative:
Does the information to be provided under Article 8(2)(a) of Directive 2004/48/EC also cover the IP address that a user, who has previously uploaded infringing files, last used to access his or her Google/YouTube user account, together with the precise point in time at which access took place, irrespective of whether any infringement was committed when that account was last accessed?






(1)  Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45).