do-me/EUR-LEX huggingface dataset:
Case T-187/19: Action brought on 29 March 2019 — Glaxo Group v EUIPO (colour mark purple)
Date: 2019-03-29
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, respiratory disease, trade-mark law








C_2019172EN.01004501.xml










20.5.2019   


EN


Official Journal of the European Union


C 172/45






Action brought on 29 March 2019 — Glaxo Group v EUIPO (colour mark purple)
(Case T-187/19)
(2019/C 172/59)
Language of the case: English

Parties


Applicant: Glaxo Group Ltd (Brentford, United Kingdom) (represented by: S. Malynicz, QC, S. Baran, Barrister and R. Jacob, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for European Union colour mark purple (PANTONE: 2587C) — Application for registration No 14 596 951

Contested decision: Decision of the First Board of Appeal of EUIPO of 15 January 2019 in Case R 1870/2017-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


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 by finding that the sign lacked inherent distinctive character so that it could not validly be registered as a trade mark;










—


Infringement of Article 7(1)(b) and Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to find that the sign had acquired distinctiveness through the use made of it by the applicant for annulment and/or with its authorisation.
Decision of the EEA Joint Committee No 72/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2020/825]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, European standard, consumer information, energy consumption, energy efficiency, energy saving, environmental protection, labelling, market approval, revision of an agreement




L_2020210EN.01004101.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/41








            DECISION OF THE EEA JOINT COMMITTEE No 72/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2020/825]


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) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (1) is to be incorporated into the EEA Agreement.












(2)


Regulation (EU) 2017/1369 repeals Directive 2010/30/EU, which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(3)


Annexes II and IV to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The text of point 4 (Directive 2010/30/EU of the European Parliament and of the Council) of Chapter IV of Annex II to the EEA Agreement is replaced by the following:


                  ‘
                  32017 R 1369: Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).’
               



Article 2
The text of point 11 (Directive 2010/30/EU of the European Parliament and of the Council) of Annex IV to the EEA Agreement is replaced by the following:


                  ‘
                  32017 R 1369: Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1). (2)




Article 3
The text of Regulation (EU) 2017/1369 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 4
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 5
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 198, 28.7.2017, p. 1.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 92/2019 of 29 March 2019 amending Annex XX (Environment) to the EEA Agreement [2020/840]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: EU environmental policy, European Economic Area, corporate social responsibility, environmental monitoring, environmental protection, farming sector, revision of an agreement




L_2020210EN.01007801.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/78








            DECISION OF THE EEA JOINT COMMITTEE No 92/2019
of 29 March 2019
         
amending Annex XX (Environment) to the EEA Agreement [2020/840]


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) 2018/813 of 14 May 2018 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (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
The following point is inserted after point 1eal (Commission Implementing Decision (EU) 2017/2286) of Annex XX to the EEA Agreement:






‘1eam.



32018 D 0813: Commission Decision (EU) 2018/813 of 14 May 2018 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 145, 8.6.2018, p. 1).’






Article 2
The text of Decision (EU) 2018/813 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 145, 8.6.2018, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 98/2019 of 29 March 2019 amending Annex XXI (Statistics) and Protocol 30 on specific provisions on the organization of cooperation in the field of statistics to the EEA Agreement [2020/846]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, Eurostat, confidentiality, data protection, quality standard, revision of an agreement




L_2020210EN.01008401.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/84








            DECISION OF THE EEA JOINT COMMITTEE No 98/2019
of 29 March 2019
         
amending Annex XXI (Statistics) and Protocol 30 on specific provisions on the organization of cooperation in the field of statistics to the EEA Agreement [2020/846]


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) 2015/759 of the European Parliament and of the Council of 29 April 2015 amending Regulation (EC) No 223/2009 on European statistics (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXI and Protocol 30 to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 17 (Regulation (EC) No 223/2009 of the European Parliament and of the Council) of Annex XXI to the EEA Agreement:

                  ‘, as amended by:






—



32015 R 0759: Regulation (EU) 2015/759 of the European Parliament and of the Council of 29 April 2015 (OJ L 123, 19.5.2015, p. 90).’
                     






Article 2
The following is added in Article 1(6) of Protocol 30 to the EEA Agreement:

                  ‘, as amended by:






—



32015 R 0759: Regulation (EU) 2015/759 of the European Parliament and of the Council of 29 April 2015 (OJ L 123, 19.5.2015, p. 90).’
                     






Article 3
The text of Regulation (EU) 2015/759 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 4
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 5
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 123, 19.5.2015, p. 90.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 73/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2020/826]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer information, electrical energy, energy efficiency, energy saving, household electrical appliance, labelling, revision of an agreement, technical specification




L_2020210EN.01004301.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/43








            DECISION OF THE EEA JOINT COMMITTEE No 73/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2020/826]


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) 2018/543 of 23 January 2018 correcting the Spanish language version of Commission Delegated Regulation (EU) No 812/2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device (1) is to be incorporated into the EEA Agreement.












(2)


Annexes II and IV to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 4t (Commission Delegated Regulation (EU) No 812/2013) of Chapter IV of Annex II to the EEA Agreement:






‘—



32018 R 0543: Commission Delegated Regulation (EU) 2018/543 of 23 January 2018 (OJ L 90, 6.4.2018, p. 63).’






Article 2
The following indent is added in point 11t (Commission Delegated Regulation (EU) No 812/2013) of Annex IV to the EEA Agreement:






‘—



32018 R 0543: Commission Delegated Regulation (EU) 2018/543 of 23 January 2018 (OJ L 90, 6.4.2018, p. 63).’






Article 3
The text of Delegated Regulation (EU) 2018/543 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 4
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 5
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 90, 6.4.2018, p. 63.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 90/2019 of 29 March 2019 amending Annex XIII (Transport) to the EEA Agreement [2020/838]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, air traffic control, airline, carrier, civil aviation, common transport policy, revision of an agreement, transport licence




L_2020210EN.01007501.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/75








            DECISION OF THE EEA JOINT COMMITTEE No 90/2019
of 29 March 2019
         
amending Annex XIII (Transport) to the EEA Agreement [2020/838]


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) 2018/1866 of 28 November 2018 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 66zab (Commission Regulation (EC) No 474/2006) of Annex XIII to the EEA Agreement:






‘—



32018 R 1866: Commission Implementing Regulation (EU) 2018/1866 of 28 November 2018 (OJ L 304, 29.11.2018, p. 10).’






Article 2
The text of Implementing Regulation (EU) 2018/1866 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 304, 29.11.2018, p. 10.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 71/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/824]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: EC conformity marking, European Economic Area, approval, combustion gases, engine, environmental standard, motor vehicle pollution, pollution control measures, revision of an agreement, technical specification




L_2020210EN.01004001.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/40








            DECISION OF THE EEA JOINT COMMITTEE No 71/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/824]


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) 2018/988 of 27 April 2018 amending and correcting Implementing Regulation (EU) 2017/656 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council (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 1h (Commission Implementing Regulation (EU) 2017/656) of Chapter XXIV of Annex II to the EEA Agreement:

                  ‘, as amended by:






—



32018 R 0988: Commission Implementing Regulation (EU) 2018/988 of 27 April 2018 (OJ L 182, 18.7.2018, p. 46).’
                     






Article 2
The text of Implementing Regulation (EU) 2018/988 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. 46.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 66/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/819]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, aircraft, chemical product, market approval, motor vehicle, packaging product, plastics industry, revision of an agreement, toxic substance, toy industry




L_2020210EN.01003201.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/32








            DECISION OF THE EEA JOINT COMMITTEE No 66/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/819]


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 Regulation (EU) 2018/2005 of 17 December 2018 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP) (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 12zc (Regulation (EC) No 1907/2006 of the European Parliament and of the Council) of Chapter XV of Annex II to the EEA Agreement:






‘—



32018 R 2005: Commission Regulation (EU) 2018/2005 of 17 December 2018 (OJ L 322, 18.12.2018, p. 14).’






Article 2
The text of Regulation (EU) 2018/2005 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 322, 18.12.2018, p. 14.

(*1)  No constitutional requirements indicated.
Corrigendum to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018)
Date: 2019-03-29
Institutions: Council of the European Union, European Parliament
Subjects: equal treatment, expatriate worker, free movement of workers, freedom to provide services, labour law, posted worker, provision of services, remuneration of work, single market, working conditions








L_2019091EN.01007701.xml










29.3.2019   


EN


Official Journal of the European Union


L 91/77







Corrigendum to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

(
Official Journal of the European Union L 173 of 9 July 2018
)


On page 22, Article 1, point (2)(c), second subparagraph, second sentence:
for:


                  ‘The employer shall, without prejudice to point (h) of the first subparagraph of paragraph 1, reimburse the posted worker for such expenditure in accordance with the national law and/or practice applicable to the employment relationship.’,

read:


                  ‘The employer shall, without prejudice to point (i) of the first subparagraph of paragraph 1, reimburse the posted worker for such expenditure in accordance with the national law and/or practice applicable to the employment relationship.’.
Decision of the EEA Joint Committee No 74/2019 of 29 March 2019 amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2020/827]
Date: 2019-03-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, biofuel, energy consumption, energy crop, environmental standard, greenhouse gas, reduction of gas emissions, renewable energy, revision of an agreement, utilised agricultural area




L_2020210EN.01004401.xml










2.7.2020   


EN


Official Journal of the European Union


L 210/44








            DECISION OF THE EEA JOINT COMMITTEE No 74/2019
of 29 March 2019
         
amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement [2020/827]


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)


Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (1) is to be incorporated into the EEA Agreement.












(2)


Annexes II and IV to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 6a (Directive 98/70/EC of the European Parliament and of the Council) of Chapter XVII of Annex II to the EEA Agreement:






‘—



32015 L 1513: Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 (OJ L 239, 15.9.2015, p. 1).’






Article 2
The following indent is added in point 41 (Directive 2009/28/EC of the European Parliament and of the Council) of Annex IV to the EEA Agreement:






‘—



32015 L 1513: Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 (OJ L 239, 15.9.2015, p. 1).’






Article 3
The text of Directive (EU) 2015/1513 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 4
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 5
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 239, 15.9.2015, p. 1.

(*1)  Constitutional requirements indicated.