do-me/EUR-LEX huggingface dataset:
Case T-161/16: Order of the General Court of 22 May 2019 — Puma v EUIPO — CMS (CMS Italy) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CMS Italy — Earlier international figurative marks representing a feline bounding to the left — Relative grounds for refusal — Reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Evidence of reputation — Previous decisions of EUIPO recognising the reputation of the earlier marks — Taking account of those decisions — Obligation to state reasons — Principle of sound administration)
Date: 2019-05-22
Institutions: General Court
Subjects: EU trade mark, heating, machine-tool industry, registered trade mark, trade-mark law








C_2019246EN.01002101.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/21






Order of the General Court of 22 May 2019 — Puma v EUIPO — CMS (CMS Italy)
(Case T-161/16) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark CMS Italy - Earlier international figurative marks representing a feline bounding to the left - Relative grounds for refusal - Reputation of the earlier marks - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) - Evidence of reputation - Previous decisions of EUIPO recognising the reputation of the earlier marks - Taking account of those decisions - Obligation to state reasons - Principle of sound administration)
(2019/C 246/21)
Language of the case: English

Parties


Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Costruzione Macchine Speciali Srl (CMS) (Alonte, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 29 January 2016 (Case R 229/2015-2), relating to opposition proceedings between Puma and Costruzione Macchine Speciali (CMS).

Operative part of the order







1.



The decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 January 2016 (Case R 229/2015-2) is annulled.











2.



EUIPO shall pay the costs, including those incurred by Puma SE.







(1)  OJ C 222, 20.6.2016.
Non-opposition to a notified concentration (Case M.9364 — Stoa/InfraVia II Invest/SBI Crypto Investment/Tiger Infrastructure Europe/Etix Group) (Text with EEA relevance.)
Date: 2019-05-22
Institutions: Directorate-General for Competition, European Commission
Subjects: computer centre, economic concentration, investment company, merger control, provision of services








C_2019210EN.01000702.xml










21.6.2019   


EN


Official Journal of the European Union


C 210/7






Non-opposition to a notified concentration
(Case M.9364 — Stoa/InfraVia II Invest/SBI Crypto Investment/Tiger Infrastructure Europe/Etix Group)
(Text with EEA relevance)
(2019/C 210/04)
On 22 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 32019M9364. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission Implementing Regulation (EU) 2019/955 of 22 May 2019 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Vallegarcía’ (PDO)
Date: 2019-05-22
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Castile-La Mancha, Spain, designation of origin, labelling, product designation, red wine, white wine








L_2019154EN.01003501.xml










12.6.2019   


EN


Official Journal of the European Union


L 154/35








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/955
of 22 May 2019
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Vallegarcía’ (PDO)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Vallegarcía’ sent by Spain and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Vallegarcía’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Vallegarcía’ (PDO) is hereby protected.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2019.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 57, 13.2.2019, p. 10.
Prior notification of a concentration (Case M.9350 — Santander Group/Mapfre Group/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-05-22
Institutions: European Commission
Subjects: Treasury, banking, economic concentration, insurance, investment company, merger control








C_2019176EN.01002901.xml










22.5.2019   


EN


Official Journal of the European Union


C 176/29






Prior notification of a concentration
(Case M.9350 — Santander Group/Mapfre Group/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 176/08)

1.   
On 15 May 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:






—


Banco Santander, S.A., and subsidiaries (‘Santander Group’, Spain),










—


Mapfre, S.A., and subsidiaries (‘Mapfre Group’, Spain),










—


Santander Global Seguros y Reaseguros, S.A.U. (‘JV’, Spain), controlled by the Santander Group.




Santander Group and Mapfre Group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a 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:






—


Santander Group, which is active in retail banking, corporate banking, investment banking, asset management and treasury across Europe, the United States, Latin America and Asia,










—


Mapfre Group, which is active in insurance and reinsurance provision and distribution across 45 countries,










—


the JV, which is intended to be active on the market for the provision of certain categories of non-life insurance, mainly to commercial entities and small and medium-sized enterprises, in Spain.






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.9350 — Santander Group/Mapfre Group/JV
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: 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.
Commission Implementing Regulation (EU) 2019/953 of 22 May 2019 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Nizza’ (PDO)
Date: 2019-05-22
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Italy, Piedmont, designation of origin, labelling, product designation, red wine








L_2019154EN.01003301.xml










12.6.2019   


EN


Official Journal of the European Union


L 154/33








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/953
of 22 May 2019
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Nizza’ (PDO)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission examined Italy's application to register the name ‘Nizza’ and published it in the Official Journal of European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Nizza’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Nizza’ (PDO) is hereby protected.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2019.


For the Commission

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 55, 12.2.2019, p. 6.
Case T-197/16: Judgment of the General Court of 22 May 2019 — Andrea Incontri v EUIPO — Higicol (ANDREA INCONTRI) (European Union trade mark — Opposition proceedings — Application for the European Union word mark ANDREA INCONTRI — Earlier European Union word mark ANDREIA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Distinctive character of a first name and a surname — Power to alter decisions)
Date: 2019-05-22
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2019230EN.01002601.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/26






Judgment of the General Court of 22 May 2019 — Andrea Incontri v EUIPO — Higicol (ANDREA INCONTRI)
(Case T-197/16) (1)

(European Union trade mark - Opposition proceedings - Application for the European Union word mark ANDREA INCONTRI - Earlier European Union word mark ANDREIA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Distinctive character of a first name and a surname - Power to alter decisions)
(2019/C 230/31)
Language of the case: English

Parties


Applicant: Andrea Incontri Srl (Milan, Italy) (represented by: A. Perani and J. Graffer, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Higicol, SA (Baguim do monte, Portugal) (represented by: Á. Pinho and J.M. Pimenta, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 February 2016 (Case R 146/2015-4), relating to opposition proceedings between Higicol and Andrea Incontri.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 February 2016 (Case R 146/2015-4);











2.



Orders EUIPO, in addition to bearing its own costs, to pay half of the costs incurred by Andrea Incontri Srl, including the costs which the latter necessarily incurred for the purposes of the proceedings before the Board of Appeal of EUIPO;











3.



Orders Higicol, SA, in addition to bearing its own costs, to pay half of the costs incurred by Andrea Incontri Srl, including the costs which the latter necessarily incurred for the purposes of the proceedings before the Board of Appeal of EUIPO.







(1)  OJ C 243, 4.7.2016.