do-me/EUR-LEX huggingface dataset:
Case T-212/19: Action brought on 8 April 2019 — Apple v EUIPO (Styluses)
Date: 2019-04-08
Institutions: General Court
Subjects: designs and models, peripheral








C_2019182EN.01003901.xml










27.5.2019   


EN


Official Journal of the European Union


C 182/39






Action brought on 8 April 2019 — Apple v EUIPO (Styluses)
(Case T-212/19)
(2019/C 182/44)
Language of the case: English

Parties


Applicant: Apple Inc. (Cupertino, California, United States) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Design: Application for registration No 3012707 -0004

Contested decision: Decision of the Third Board of Appeal of EUIPO of 7 January 2019 in Case R 2533/2017-3

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal.





Pleas in law







—


Infringement of Article 11(2) of Commission Regulation (EC) No 2245/2002 in conjunction with Article 5 of Council Regulation (EC) No 6/2002;










—


Infringement of Article 12(2) of Commission Regulation (EC) No 2245/2002 in conjunction with Article 5 of Council Regulation (EC) No 6/2002.
Case T-213/19: Action brought on 8 April 2019 — AW v Parliament
Date: 2019-04-08
Institutions: General Court
Subjects: medical report, occupational accident, occupational disease, servant (EU), social security, staff regulations (EU)








C_2019187EN.01008501.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/85






Action brought on 8 April 2019 — AW v Parliament
(Case T-213/19)
(2019/C 187/91)
Language of the case: French

Parties


Applicant: AW (represented by: L. Levi and S. Rodrigues, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible and well founded;










—


annul the decisions dated 7 August 2018 adopted by the defendant, which reject the applicant’s requests for recognition of the occupational origin of two diseases (neck pain and stress-related urticaria) and, so far as necessary, annul the decision of 19 February 2019 by which the defendant rejected the complaint brought on 16 October 2018 by the applicant against the decisions of 7 August 2018;










—


order the defendant to pay all the 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 the infringement of Article 22(3) of the Common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease (‘the Common Rules’), on account of procedural irregularities committed by the medical committee.










2.


Second plea in law, alleging the infringement of Article 22 of the Common Rules in conjunction with the infringement of Article 41 of the Charter of Fundamental Rights of the European Union, inasmuch as the medical committee did not act independently, but on the Parliament’s instructions.
Case T-214/19: Action brought on 8 April 2019 — Fleximed v EUIPO — docPrice (Fleximed)
Date: 2019-04-08
Institutions: General Court
Subjects: EU trade mark, footwear industry, medical device, registered trade mark, trade-mark law








C_2019182EN.01004001.xml










27.5.2019   


EN


Official Journal of the European Union


C 182/40






Action brought on 8 April 2019 — Fleximed v EUIPO — docPrice (Fleximed)
(Case T-214/19)
(2019/C 182/45)
Language in which the application was lodged: German

Parties


Applicant: Fleximed AG (Triesen, Liechtenstein) (represented by: M. Gail, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: docPrice GmbH (Koblenz, Germany)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark Fleximed — EU trade mark No 12 025 771

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 February 2019 in Case R 1121/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-231/19: Action brought on 8 April 2019 — Klöckner Pentaplast v Commission
Date: 2019-04-08
Institutions: General Court
Subjects: Germany, State aid, charges for use of infrastructure, control of State aid, electrical energy, electricity supply, energy consumption, energy supply, equal treatment, reimbursement of aid








C_2019213EN.01004901.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/49






Action brought on 8 April 2019 — Klöckner Pentaplast v Commission
(Case T-231/19)
(2019/C 213/49)
Language of the case: German

Parties


Applicant: Klöckner Pentaplast GmbH (Heiligenroth, Germany) (represented by: N. Voß and D. Fouquet, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Decision SA.34045 (2013/C) (ex 2012/NN) of 28 May 2018 notified under document C(2018) 3166 (OJ 2019 L 14, p. 1) in respect of the years 2012 and 2013;










—


in the alternative, annul Decision SA.34045 (2013/C) (ex 2012/NN) of 28 May 2018 notified under document C(2018) 3166 as against the applicant in respect of the years 2012 and 2013; and










—


order the defendant to pay the costs, including lawyers’ fees and travel expenses.





Pleas in law and main arguments

The application is based on the following grounds.






1.


Wrongful presumption of the existence of State aid for the purposes of Article 107(1) TFEU
In the first plea in law, it is claimed that the defendant erred in law in its examination of the contested exemption from network charges by presuming the use of State resources.
In addition, in the examination of the ‘selectivity’ criterion, the reference system was incorrectly and incompletely identified.
It is further claimed that, because of the incomplete identification of the reference system, the defendant failed to comply with its obligation to state reasons under the second paragraph of Article 296 TFEU.










2.


Infringement of the principle of the protection of legitimate expectations
In the second plea in law, it is claimed that, in view of the particular circumstances, the applicant could expect to be allowed to retain the special network charges granted.
Taking of the oath by a new Member of the Court
Date: 2019-04-08
Institutions: Court of Justice
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








C_2019131EN.01000201.xml










8.4.2019   


EN


Official Journal of the European Union


C 131/2






Taking of the oath by a new Member of the Court
(2019/C 131/02)
Following his appointment as Advocate General at the Court of Justice for the period from 5 February 2019 to 6 October 2024 by decision of the Representatives of the Governments of the Member States of the European Union of 1 February 2019 (1), Mr Pikamäe took the oath before the Court on 6 February 2019.


(1)  OJ L 32, 4.2.2019, p. 7.
Case C-391/18: Order of the President of the Ninth of the Court of 8 April 2019 — European Commission v Republic of Croatia
Date: 2019-04-08
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, infringement procedure (EU), radioactive waste, waste management








C_2019280EN.01003301.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/33






Order of the President of the Ninth of the Court of 8 April 2019 — European Commission v Republic of Croatia
(Case C-391/18) (1)

(2019/C 280/46)
Language of the case: Croatian
The President of the Ninth Chamber has ordered that the case be removed from the register.


(1)  OJ C 268, 30.7.2018.
Taking of the oath by a new Member of the General Court
Date: 2019-04-08
Institutions: General Court
Subjects: General Court (EU), appointment of members, judge








C_2019131EN.01000401.xml










8.4.2019   


EN


Official Journal of the European Union


C 131/4






Taking of the oath by a new Member of the General Court
(2019/C 131/04)
Following her appointment as Judge at the General Court for the period from 11 March 2019 to 31 August 2019 by decision of the Representatives of the Governments of the Member States of the European Union of 6 March 2019 (1), Ms Frendo took the oath before the Court of Justice on 20 March 2019.


(1)  OJ L 69, 11.3.2019, p. 50.
Council Decision (EU) 2019/572 of 8 April 2019 on the conclusion, on behalf of the European Union, of an amendment to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
Date: 2019-04-08
Institutions: Council of the European Union
Subjects: United States, air safety, approval, civil aviation, cooperation agreement (EU), crew, professional qualifications, ratification of an agreement, revision of an agreement








L_2019100EN.01000101.xml










11.4.2019   


EN


Official Journal of the European Union


L 100/1








            COUNCIL DECISION (EU) 2019/572
of 8 April 2019
         
on the conclusion, on behalf of the European Union, of an amendment to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with point (a) of the second subparagraph of Article 218(6) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament, (1)


Whereas:







(1)


In accordance with Council Decision (EU) 2018/61 (2), Amendment 1 to the Agreement on cooperation in the regulation of civil aviation safety between the United States of America and the European Community (‘Amendment 1’) was signed on 13 December 2017, subject to its conclusion at a later date.












(2)


Amendment 1 extends the areas of cooperation between the Parties to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (‘the Agreement’) where reciprocal acceptance of approvals and findings of compliance can apply, so as to allow for an optimised resource utilisation and commensurate cost savings while maintaining a high degree of safety in air transport.












(3)


Amendment 1 should be approved,





HAS ADOPTED THIS DECISION:



Article 1
Amendment 1 to the Agreement on cooperation in the regulation of civil aviation safety between the United States of America and the European Community is hereby approved on behalf of the Union. (3)



Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 3 of Amendment 1.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 8 April 2019.


For the Council


The President

F. MOGHERINI
            





(1)  Consent of 13 December 2018 (not yet published in the Official Journal).

(2)  Council Decision (EU) 2018/61 of 21 March 2017 on the signing, on behalf of the European Union, and provisional application of an amendment to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (OJ L 11, 16.1.2018, p. 1).

(3)  The text of Amendment 1 has been published in OJ L 11, 16.1.2018, p. 3, together with the decision on signature.
Council Decision (EU) 2019/578 of 8 April 2019 appointing an alternate member, proposed by the Kingdom of Denmark, of the Committee of the Regions
Date: 2019-04-08
Institutions: Council of the European Union
Subjects: Denmark, European Committee of the Regions, appointment of members








L_2019100EN.01004301.xml










11.4.2019   


EN


Official Journal of the European Union


L 100/43








            COUNCIL DECISION (EU) 2019/578
of 8 April 2019
         
appointing an alternate member, proposed by the Kingdom of Denmark, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Danish Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 4 June 2018, by Council Decision (EU) 2018/839 (4), Mr Per NØRHAVE was replaced by Mr Marc PERERA CHRISTENSEN as an alternate member.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Marc PERERA CHRISTENSEN,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Søren WINDELL, Councillor, Municipality of Odense.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 8 April 2019.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

(4)  Council Decision (EU) 2018/839 of 4 June 2018 appointing two members and six alternate members, proposed by the Kingdom of Denmark, of the Committee of the Regions (OJ L 141, 7.6.2018, p. 7).
Euro exchange rates
Date: 2019-04-08
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019130EN.01000101.xml










8.4.2019   


EN


Official Journal of the European Union


C 130/1






Euro exchange rates (1)

5 April 2019
(2019/C 130/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1233 




JPY


Japanese yen


125,44 




DKK


Danish krone


7,4646 




GBP


Pound sterling


0,85938 




SEK


Swedish krona


10,4260 




CHF


Swiss franc


1,1235 




ISK


Iceland króna


133,40 




NOK


Norwegian krone


9,6610 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,613 




HUF


Hungarian forint


320,75 




PLN


Polish zloty


4,2897 




RON


Romanian leu


4,7513 




TRY


Turkish lira


6,2855 




AUD


Australian dollar


1,5787 




CAD


Canadian dollar


1,5030 




HKD


Hong Kong dollar


8,8173 




NZD


New Zealand dollar


1,6662 




SGD


Singapore dollar


1,5215 




KRW


South Korean won


1 277,64 




ZAR


South African rand


15,8078 




CNY


Chinese yuan renminbi


7,5457 




HRK


Croatian kuna


7,4235 




IDR


Indonesian rupiah


15 900,87 




MYR


Malaysian ringgit


4,5985 




PHP


Philippine peso


58,537 




RUB


Russian rouble


73,3270 




THB


Thai baht


35,833 




BRL


Brazilian real


4,3266 




MXN


Mexican peso


21,4975 




INR


Indian rupee


77,7870 






(1)  Source: reference exchange rate published by the ECB.
Council Decision (EU) 2019/593 of 8 April 2019 on the conclusion, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation
Date: 2019-04-08
Institutions: Council of the European Union
Subjects: Caribbean Islands, Latin America, Rio Group, agreement (EU), foundation, international organisation, ratification of an agreement








L_2019103EN.01000101.xml










12.4.2019   


EN


Official Journal of the European Union


L 103/1








            COUNCIL DECISION (EU) 2019/593
of 8 April 2019
         
on the conclusion, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209(2) and 212(1), in conjunction with point (a) of the second subparagraph of Article 218(6) and the second subparagraph of Article 218(8) thereof,


Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,


Having regard to the consent of the European Parliament (1),

Whereas:







(1)


In accordance with Council Decision (EU) 2016/1873 (2), the Agreement establishing the EU-LAC International Foundation (‘the Agreement’) was signed on 25 October 2016 …, subject to its conclusion at a later date.












(2)


The Agreement will establish the EU-LAC Foundation as an international organisation with legal personality under public international law.












(3)


When acting in the framework of the EU-LAC Foundation, the Union and its Member States should coordinate their positions in accordance with the Treaties and with the principle of sincere cooperation.












(4)


The Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement establishing the EU-LAC International Foundation is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.


Article 2
The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of ratification provided for in Article 24 of the Agreement.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 8 April 2019.


For the Council


The President

F. MOGHERINI
            





(1)  Consent of 4 October 2017 (not yet published in the Official Journal).

(2)  Council Decision (EU) 2016/1873 of 10 October 2016 on the signing, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation (OJ L 288, 22.10.2016, p. 1).
Prior notification of a concentration (Case M.9346 — Investcorp/Aberdeen/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-04-08
Institutions: European Commission
Subjects: economic concentration, financial services, investment company, merger control








C_2019130EN.01005301.xml










8.4.2019   


EN


Official Journal of the European Union


C 130/53






Prior notification of a concentration
(Case M.9346 — Investcorp/Aberdeen/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 130/08)

1.   
On 1 April 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Investcorp Investment Holdings Limited (‘Investcorp’, Cayman Islands), ultimately controlled by SIPCO Holdings Limited,










—


Aberdeen Asset Management plc (‘Aberdeen’, United-Kingdom), a wholly-owned subsidiary of Standard Life Aberdeen plc,










—


Concession Infrastructure Investments Manager Limited, a newly created entity (‘JV’, Cayman Islands).




Investcorp and Aberdeen acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control over the JV.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are the following:






—


Investcorp is an international financial institution acting as a principal and as an intermediary in international investment transactions,










—


Aberdeen is a global investment company,










—


Concession Infrastructure Investments Manager Limited will provide investment advisory services to investment funds with respect to social and economic infrastructure projects in the Gulf Cooperation Council countries, Middle East and North Africa region and Turkey.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.9346 — Investcorp/Aberdeen/JV
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-481/18: Order of the General Court of 8 April 2019 — Electroquimica Onubense v ECHA (REACH — Representation by a lawyer who is not a third party — Manifest inadmissibility)
Date: 2019-04-08
Institutions: General Court
Subjects: administrative formalities, aid to undertakings, large business, lawyer, parent company, payment, small and medium industries








C_2019206EN.01004101.xml










17.6.2019   


EN


Official Journal of the European Union


C 206/41






Order of the General Court of 8 April 2019 — Electroquimica Onubense v ECHA
(Case T-481/18) (1)

(REACH - Representation by a lawyer who is not a third party - Manifest inadmissibility)
(2019/C 206/45)
Language of the case: Spanish

Parties


Applicant: Electroquimica Onubense (Palos de la Frontera, Spain) (represented by D.González Blanco, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented by J.-P Trnka, C.-M. Bergerat and M. Heikkila, acting as Agents, and C. García Molyneux, lawyer)

Re:

Action brought against ECHA Decision SME D(2018)2931-DC of 31 May 2018, finding that the applicant does not fulfil the requirements for the fee reduction provided for in respect of small enterprises and imposing an administrative charge on it.

Operative part of the order







1.



The action is dismissed as manifestly inadmissible.











2.



Electroquimica Onubense, SL is ordered to pay the costs.







(1)  OJ C 352, 1.10.2018.