do-me/EUR-LEX huggingface dataset:
Case T-56/18: Judgment of the General Court of 8 May 2019 — Team Beverage v EUIPO (WEIN FÜR PROFIS) (EU trade mark — Application for the EU figurative mark WEIN FÜR PROFIS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001)
Date: 2019-05-08
Institutions: General Court
Subjects: EU trade mark, advertising, beverage industry, catering industry, condiment, furniture industry, miscellaneous industries, packaging product, registered trade mark, trade-mark law








C_2019220EN.01003801.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/38






Judgment of the General Court of 8 May 2019 — Team Beverage v EUIPO (WEIN FÜR PROFIS)
(Case T-56/18) (1)

(EU trade mark - Application for the EU figurative mark WEIN FÜR PROFIS - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Misleading character - Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001)
(2019/C 220/48)
Language of the case: German

Parties


Applicant: Team Beverage AG (Wildeshausen, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 November 2017 (Case R 501/2017-1), concerning an application for registration of the figurative sign WEIN FÜR PROFIS as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Team Beverage AG to pay the costs.







(1)  OJ C 104, 19.3.2018.
Non-opposition to a notified concentration (Case M.9335 — Triton/Luxinva/IFCO Systems) (Text with EEA relevance.)
Date: 2019-05-08
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, economic concentration, fresh product, investment company, merger control, packaging, plastics








C_2019176EN.01000101.xml










22.5.2019   


EN


Official Journal of the European Union


C 176/1






Non-opposition to a notified concentration
(Case M.9335 — Triton/Luxinva/IFCO Systems)
(Text with EEA relevance)
(2019/C 176/01)
On 8 May 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 32019M9335. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 131/2019 of 8 May 2019 amending Annex XX (Environment) to the EEA Agreement [2022/2028]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, European organisation, audit, environmental auditing, environmental protection, information system, organisation, revision of an agreement




L_2022279EN.01003701.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/37








            DECISION OF THE EEA JOINT COMMITTEE No 131/2019
of 8 May 2019
         
amending Annex XX (Environment) to the EEA Agreement [2022/2028]


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) 2018/2026 of 19 December 2018 amending Annex IV to 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 indent is added in point 1ea (Regulation (EC) No 1221/2009 of the European Parliament and of the Council) of Annex XX to the EEA Agreement:






‘—



32018 R 2026: Commission Regulation (EU) 2018/2026 of 19 December 2018 (OJ L 325, 20.12.2018, p. 18).’






Article 2
The text of Regulation (EU) 2018/2026 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 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 325, 20.12.2018, p. 18.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 110/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1237]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, United Kingdom, application of EU law, approval, revision of an agreement, seat of institution, technical standard, vehicle, withdrawal from the EU




L_2019192EN.01006401.xml










18.7.2019   


EN


Official Journal of the European Union


L 192/64








            DECISION OF THE EEA JOINT COMMITTEE No 110/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1237]


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) 2019/26 of the European Parliament and of the Council of 8 January 2019 complementing Union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union (1), as corrected by OJ L 11, 14.1.2019, p. 34, 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 point is inserted after point 49 (Commission Delegated Regulation (EU) 2017/79) of Chapter I of Annex II to the EEA Agreement:







‘50.



32019 R 0026: Regulation (EU) 2019/26 of the European Parliament and of the Council of 8 January 2019 complementing Union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union (OJ L 8I, 10.1.2019, p. 1), as corrected by OJ L 11, 14.1.2019, p. 34.’







Article 2
The text of Regulation (EU) 2019/26, as corrected by OJ L 11, 14.1.2019, p. 34, 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 1 June 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, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 8I, 10.1.2019, p. 1.


(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 109/2019 of 8 May 2019 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2022/2008]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal feedingstuffs, market approval, revision of an agreement, trace element




L_2022279EN.01000501.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/5








            DECISION OF THE EEA JOINT COMMITTEE No 109/2019
of 8 May 2019
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2022/2008]


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) 2019/49 of 4 January 2019 concerning the authorisation of sodium selenite, coated granulated sodium selenite and zinc-L-selenomethionine as feed additives for all animal species (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding feedingstuffs. Legislation regarding feedingstuffs 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 point is inserted after point 282 (Commission Recommendation (EU) 2018/464) of Chapter II of Annex I to the EEA Agreement:






‘283.



32019 R 0049: Commission Implementing Regulation (EU) 2019/49 of 4 January 2019 concerning the authorisation of sodium selenite, coated granulated sodium selenite and zinc-L-selenomethionine as feed additives for all animal species (OJ L 10, 14.1.2019, p. 2).’






Article 2
The text of Implementing Regulation (EU) 2019/49 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 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 10, 14.1.2019, p. 2.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 112/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2010]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal feedingstuffs, apiculture, eco-label, fertiliser, organic farming, organic product, plant health product, poultry farming, revision of an agreement, viticulture




L_2022279EN.01000801.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/8








            DECISION OF THE EEA JOINT COMMITTEE No 112/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2010]


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) 2018/1584 of 22 October 2018 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs 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 introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 54ba (Commission Regulation (EC) No 889/2008) of Chapter XII of Annex II to the EEA Agreement:






‘—



32018 R 1584: Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 (OJ L 264, 23.10.2018, p. 1).’






Article 2
The text of Implementing Regulation (EU) 2018/1584 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 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





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

(*)  No constitutional requirements indicated.
Case C-566/17: Judgment of the Court (Second Chamber) of 8 May 2019 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu — Poland) — Związek Gmin Zagłębia Miedziowego w Polkowicach v Szef Krajowej Administracji Skarbowej (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 168(a) — Deduction of input tax — Principle of VAT neutrality — Taxable person engaged in both economic and non-economic activities — Goods and services purchased for the purposes of performing both transactions subject to VAT and non-taxable transactions — Absence of apportionment criteria in national legislation — Principle of lawfulness of the tax)
Date: 2019-05-08
Institutions: Court of Justice
Subjects: VAT, goods and services, provision of services, tax relief, taxpayer








C_2019230EN.01000601.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/6






Judgment of the Court (Second Chamber) of 8 May 2019 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu — Poland) — Związek Gmin Zagłębia Miedziowego w Polkowicach v Szef Krajowej Administracji Skarbowej
(Case C-566/17) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 168(a) - Deduction of input tax - Principle of VAT neutrality - Taxable person engaged in both economic and non-economic activities - Goods and services purchased for the purposes of performing both transactions subject to VAT and non-taxable transactions - Absence of apportionment criteria in national legislation - Principle of lawfulness of the tax)
(2019/C 230/07)
Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny we Wrocławiu

Parties to the main proceedings


Applicant: Związek Gmin Zagłębia Miedziowego w Polkowicach

Defendant: Szef Krajowej Administracji Skarbowej

Operative part of the judgment

Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national practice which permits a taxable person to deduct the entirety of the input value added tax (VAT) paid on the purchase of goods and services by that taxable person for the purposes of performing both economic activities, which are subject to VAT, and non-economic activities, which do not come within the scope of VAT, on account of the absence, in the applicable tax legislation, of specific rules on allocation criteria which would allow the taxable person to determine the share of input tax which ought to be deemed to be connected to his economic and non-economic activities respectively.


(1)  OJ C 13, 15.1.2018.
Decision of the EEA Joint Committee No 129/2019 of 8 May 2019 amending Annex XVIII (Health and Safety at Work, Labour Law, and Equal Treatment for Men and Women) to the EEA Agreement [2022/2026]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, cancer, carcinogenic substance, chemical product, health risk, occupational disease, occupational health, revision of an agreement, safety standard




L_2022279EN.01003501.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/35








            DECISION OF THE EEA JOINT COMMITTEE No 129/2019
of 8 May 2019
         
amending Annex XVIII (Health and Safety at Work, Labour Law, and Equal Treatment for Men and Women) to the EEA Agreement [2022/2026]


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) 2017/2398 of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 14a (Directive 2004/37/EC of the European Parliament and of the Council) of Annex XVIII to the EEA Agreement:






‘—



32017 L 2398: Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017 (OJ L 345, 27.12.2017, p. 87).’






Article 2
The text of Directive (EU) 2017/2398 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 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 345, 27.12.2017, p. 87.

(*)  No constitutional requirements indicated.
Case T-185/18: Judgment of the General Court of 8 May 2019 — Lucchini v Commission (Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Partial annulment of the Commission decision — Rejection of a request for reimbursement of a fine paid pursuant to a decision annulled in part — Rejection of a request to be allowed to participate in the administrative procedure that was reopened following the partial annulment of the decision — Rights of the defence — Non-existent act — Non-contractual liability — Limitation)
Date: 2019-05-08
Institutions: General Court
Subjects: administrative procedure, bar, cartel, competition policy, concrete, control of restrictive practices, indemnification, right to justice, rights of the defence, sanction (EU)








C_2019230EN.01003901.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/39






Judgment of the General Court of 8 May 2019 — Lucchini v Commission
(Case T-185/18) (1)

(Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Partial annulment of the Commission decision - Rejection of a request for reimbursement of a fine paid pursuant to a decision annulled in part - Rejection of a request to be allowed to participate in the administrative procedure that was reopened following the partial annulment of the decision - Rights of the defence - Non-existent act - Non-contractual liability - Limitation)
(2019/C 230/48)
Language of the case: Italian

Parties


Applicant: Lucchini SpA in AS (Piombino, Italy) (represented by: G. Belotti, lawyer)

Defendant: European Commission (represented by: P. Rossi, G. Conte and T. Vecchi, acting as Agents)

Re:

First, application under Article 263 TFEU seeking annulment of the Commission’s letter of 17 January 2018 rejecting the applicant’s request to be reimbursed for the fine, in the amount of EUR 14 350 000, that was imposed on it by Commission Decision C(2009) 7492 final of 30 September 2009 concerning an infringement of Article 65 of the ECSC Treaty, in accordance with Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/37.956 — Reinforcing bars, re-adoption) and of the Commission’s letter of 9 March 2018 rejecting the applicant’s request to be allowed to participate in the resumed procedure relating to that case and, secondly, application under Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant as a result of the infringement of Article 41 of the Charter of Fundamental Rights of the European Union committed by the Commission in the procedure leading to the adoption of that decision.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Lucchini SpA in AS to pay the costs.







(1)  OJ C 161, 7.5.2018.
Decision of the EEA Joint Committee No 115/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2013]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer protection, drug residue, egg, food inspection, food safety, poultry, revision of an agreement, veterinary legislation, veterinary medicinal product




L_2022279EN.01001301.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/13








            DECISION OF THE EEA JOINT COMMITTEE No 115/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2013]


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) 2018/1967 of 12 December 2018 amending Regulation (EU) No 37/2010 to classify the substance paromomycin as regards its maximum residue limit (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 13 (Commission Regulation (EU) No 37/2010) of Chapter XIII of Annex II to the EEA Agreement:






‘—



32018 R 1967: Commission Implementing Regulation (EU) 2018/1967 of 12 December 2018 (OJ L 316, 13.12.2018, p. 6).’






Article 2
The text of Implementing Regulation (EU) 2018/1967 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 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 316, 13.12.2018, p. 6.

(*)  No constitutional requirements indicated.