do-me/EUR-LEX huggingface dataset:
Case C-503/18 P: Judgment of the Court (Sixth Chamber) of 6 June 2019 — Inge Barnett v European Economic and Social Committee (Appeal — Civil service — Official — Retirement pension — Early retirement without reduction of pension rights — Staff Regulations of Officials of the European Union — Article 9(2) of Annex VIII — General implementing provisions — Interests of the service — Decision adopted to comply with a judgment of the European Union Civil Service Tribunal — Article 266 TFEU — Res judicata)
Date: 2019-06-06
Institutions: Court of Justice
Subjects: European official, early retirement, pension scheme








C_2019263EN.01002001.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/20






Judgment of the Court (Sixth Chamber) of 6 June 2019 — Inge Barnett v European Economic and Social Committee
(Case C-503/18 P) (1)

(Appeal - Civil service - Official - Retirement pension - Early retirement without reduction of pension rights - Staff Regulations of Officials of the European Union - Article 9(2) of Annex VIII — General implementing provisions - Interests of the service - Decision adopted to comply with a judgment of the European Union Civil Service Tribunal - Article 266 TFEU - Res judicata)
(2019/C 263/24)
Language of the case: French

Parties


Appellant: Inge Barnett (represented by: S. Orlandi and T. Martin, acting as Agents)

Other party: European Economic and Social Committee (represented by: Pascua Mateo, A. Carvajal and L. Camarena Januzec, acting as Agents, and by M. Troncoso Ferrer, abogado, F.-M. Hislaire, avocat)

Operative part of the judgment

The Court:






1.


dismisses the appeal;










2.


orders Mrs Inge Barnett to bear her own expenses, as well as those incurred by the European Economic and Social Committee (EESC).






(1)  OJ C 381, 22.10.2018.
Case T-342/19: Action brought on 6 June 2019 — Martínez Albainox v EUIPO — Taser International (TASER)
Date: 2019-06-06
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, hand tool, registered trade mark, tinplate and cutlery industry, trade-mark law








C_2019255EN.01005001.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/50






Action brought on 6 June 2019 — Martínez Albainox v EUIPO — Taser International (TASER)
(Case T-342/19)
(2019/C 255/63)
Language of the case: English

Parties


Applicant: Martínez Albainox, SL (Albacete, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Taser International, Inc. (Scottsdale, Arizona, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark TASER in colours black, yellow and red — European Union trade mark No 11 710 134

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 March 2019 in Case R 1576/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision expressly declaring the validity of the European Union trademark No. 11 710 134‘TASER’ (fig.) for all registered goods in class 18 and 25;










—


order EUIPO and the intervening party, Taser International, Inc., to pay all the costs of the dispute before the General Court, including those relating to the procedure before the Board of Appeal.





Plea in law







—


Infringement of Article 60(1)(a) in conjunction Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Council Decision (EU, Euratom) 2019/958 of 6 June 2019 appointing a member, proposed by the Republic of Bulgaria, of the European Economic and Social Committee
Date: 2019-06-06
Institutions: Council of the European Union
Subjects: Bulgaria, European Economic and Social Committee, appointment of members








L_2019154EN.01004001.xml










12.6.2019   


EN


Official Journal of the European Union


L 154/40








            COUNCIL DECISION (EU, Euratom) 2019/958
of 6 June 2019
         
appointing a member, proposed by the Republic of Bulgaria, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposal of the Bulgarian Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the passing away of Mr Bojidar DANEV,





HAS ADOPTED THIS DECISION:



Article 1
Mr Radosvet RADEV, Executive President of the Bulgarian Industrial Association, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


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




Done at Luxembourg, 6 June 2019.


For the Council


The President

A. BIRCHALL
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).
Case T-341/19: Action brought on 6 June 2019 — Martínez Albainox v EUIPO — Taser International (TASER)
Date: 2019-06-06
Institutions: General Court
Subjects: EU trade mark, hand tool, registered trade mark, tinplate and cutlery industry, trade-mark law








C_2019255EN.01004901.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/49






Action brought on 6 June 2019 — Martínez Albainox v EUIPO — Taser International (TASER)
(Case T-341/19)
(2019/C 255/62)
Language of the case: English

Parties


Applicant: Martínez Albainox, SL (Albacete, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Taser International, Inc. (Scottsdale, Arizona, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark TASER in colours black, yellow and red — European Union trade mark No 12 817 052

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 March 2019 in Case R 1577/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision expressly declaring the validity of the European Union trademark No. 12 817 052‘TASER’ (fig.) for all registered goods in class 8;










—


order EUIPO and the intervening party, Taser International, Inc., to pay all the costs of the dispute before the General Court, including those relating to the procedure before the Board of Appeal.





Pleas 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;










—


Infringement of Article 60(1)(a) in conjunction with Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-361/18: Judgment of the Court (Sixth Chamber) of 6 June 2019 (request for a preliminary ruling from the Szekszárdi Járásbíróság — Hungary) — Ágnes Weil v Géza Gulácsi (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 66 — Temporal scope — Regulation (EC) No 44/2001 — Material scope — Civil and commercial matters — Article 1(1) and (2)(a) — Matters excluded — Rights in property arising out of a matrimonial relationship — Article 54 — Application for the certificate certifying that the judgment given by the court of origin is enforceable — Judgment given concerning a debt stemming from the settlement of rights in property arising out of an unregistered non-marital partnership)
Date: 2019-06-06
Institutions: Court of Justice
Subjects: cohabitation, debt, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction ratione materiae, ownership








C_2019263EN.01001801.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/18






Judgment of the Court (Sixth Chamber) of 6 June 2019 (request for a preliminary ruling from the Szekszárdi Járásbíróság — Hungary) — Ágnes Weil v Géza Gulácsi
(Case C-361/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 66 - Temporal scope - Regulation (EC) No 44/2001 - Material scope - Civil and commercial matters - Article 1(1) and (2)(a) - Matters excluded - Rights in property arising out of a matrimonial relationship - Article 54 - Application for the certificate certifying that the judgment given by the court of origin is enforceable - Judgment given concerning a debt stemming from the settlement of rights in property arising out of an unregistered non-marital partnership)
(2019/C 263/22)
Language of the case: Hungarian

Referring court

Szekszárdi Járásbíróság

Parties to the main proceedings


Applicant: Ágnes Weil

Defendant: Géza Gulácsi

Operative part of the judgment







1.


Article 54 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a Member State’s court hearing an application for a certificate certifying that a judgment given by the court of origin is enforceable must, in a situation such as that at issue in the main proceedings, where the court which gave the judgment to be enforced did not adjudicate, when giving that judgment, on whether that regulation was applicable, ascertain whether the dispute falls within the scope of that regulation.










2.


Article 1(1) and (2)(a) of Regulation No 44/2001 must be interpreted as meaning that an action, such as that at issue in the main proceedings, concerning an application for dissolution of the property relationships arising out a de facto (unregistered) partnership, comes within the concept of ‘civil and commercial matters’ within the meaning of Article 1(1) of that regulation and falls, therefore, within the material scope of that regulation.






(1)  OJ C 311, 3.9.2018.
Council Decision (EU) 2019/960 of 6 June 2019 appointing two members and two alternate members, proposed by the Czech Republic, of the Committee of the Regions
Date: 2019-06-06
Institutions: Council of the European Union
Subjects: Czechia, European Committee of the Regions, appointment of members








L_2019154EN.01004201.xml










12.6.2019   


EN


Official Journal of the European Union


L 154/42








            COUNCIL DECISION (EU) 2019/960
of 6 June 2019
         
appointing two members and two alternate members, proposed by the Czech Republic, 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 Czech 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.












(2)


Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Adriana KRNÁČOVÁ and Mr Petr OSVALD.












(3)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Tomáš HUDEČEK.












(4)


An alternate member's seat has become vacant following the appointment of Mr Jan MAREŠ as a member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as members:






—


Mr Zdeněk HŘIB, Člen zastupitelstva hl. m. Prahy,










—


Mr Jan MAREŠ, Člen zastupitelstva statutárního města Chomutov,




and










(b)


as alternate members:






—


Mr Martin DLOUHÝ, Člen zastupitelstva hl. m. Prahy,










—


Mr Jaroslav ZÁMEČNÍK, Člen zastupitelstva statutárního města Liberec.










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




Done at Luxembourg, 6 June 2019.


For the Council


The President

A. BIRCHALL
            





(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).
Commission Delegated Regulation (EU) 2019/1865 of 6 June 2019 correcting the Romanian language version of Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (Text with EEA relevance)
Date: 2019-06-06
Institutions: Directorate-General for Translation, European Commission
Subjects: credit control, financial control, financial solvency, insurance company, market supervision, reinsurance








L_2019289EN.01000301.xml










8.11.2019   


EN


Official Journal of the European Union


L 289/3








            COMMISSION DELEGATED REGULATION (EU) 2019/1865
of 6 June 2019
         
correcting the Romanian language version of Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1) and in particular Article 111(1)(k) thereof,

Whereas:







(1)


The Romanian language version of Commission Delegated Regulation (EU) 2015/35 (2) contains an error in Annex XVII, Part F, point 2(g) as regards the inverse meaning of a sentence.












(2)


Delegated Regulation (EU) 2015/35 should therefore be corrected accordingly. The other language versions are not affected,





HAS ADOPTED THIS REGULATION:



Article 1

(does not concern the English language)



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, 6 June 2019.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 335, 17.12.2009, p. 1.

(2)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).
Case T-589/17: Judgment of the General Court of 6 June 2019 — EIB v Syria (Arbitration clause — Aleppo-Tall Kojak Road Project Loan Agreement No 60136 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default)
Date: 2019-06-06
Institutions: General Court
Subjects: EIB loan, claim, interest, international loan, road building








C_2019280EN.01003701.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/37






Judgment of the General Court of 6 June 2019 — EIB v Syria
(Case T-589/17) (1)

(Arbitration clause - Aleppo-Tall Kojak Road Project Loan Agreement No 60136 - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)
(2019/C 280/52)
Language of the case: English

Parties


Applicant: European Investment Bank (represented by: initially by P. Chamberlain, T. Gilliams, F. Oxangoiti Briones and J. Shirran, and subsequently by F. Oxangoiti Briones, J. Klein and J. Shirran, acting as Agents, and D. Arts, lawyer, and T. Cusworth, Solicitor)

Defendant: Syrian Arab Republic

Re:

Action pursuant to Article 272 TFEU, seeking an order that the Syrian Arab Republic repay sums due under Aleppo-Tall Kojak Road Project Loan Agreement No 60136, plus default interest.

Operative part of the judgment

The Court:






1.



Orders the Syrian Arab Republic to repay the European Investment Bank (EIB) the sum of EUR 820 451,25;











2.



Declares that that sum is to bear default interest, on the principle amounts, at the annual rate of 3.5%, from 25 August 2017 until the date that payment is made;











3.



Dismisses the action as to the remainder;











4.



Orders the Syrian Arab Republic to pay the costs







(1)  OJ C 369, 30.10.2017.
Council Decision (EU) 2019/967 of 6 June 2019 appointing two alternate members, proposed by the Grand Duchy of Luxembourg, of the Committee of the Regions
Date: 2019-06-06
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Luxembourg, appointment of members








L_2019156EN.01000701.xml










13.6.2019   


EN


Official Journal of the European Union


L 156/7








            COUNCIL DECISION (EU) 2019/967
of 6 June 2019
         
appointing two alternate members, proposed by the Grand Duchy of Luxembourg, 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 Luxembourg 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 13 July 2018, by Council Decision (EU) 2018/1015 (4), Mr Tom JUNGEN was replaced by Mr Jeff FELLER as an alternate member.












(2)


Two alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Sam TANSON and Mr Jeff FELLER,





HAS ADOPTED THIS DECISION:



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






—


Ms Linda GAASCH, conseillère communale de la Ville de Luxembourg,










—


Ms Carole HARTMANN, conseillère communale de la Ville d'Echternach.






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




Done at Luxembourg, 6 June 2019.


For the Council


The President

A. BIRCHALL
            





(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) 2018/1015 of 13 July 2018 appointing two members and three alternate members, proposed by the Grand Duchy of Luxembourg, of the Committee of the Regions (OJ L 181, 18.7.2018, p. 85).
Council Decision (EU) 2019/966 of 6 June 2019 appointing a member and an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
Date: 2019-06-06
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of members








L_2019156EN.01000601.xml










13.6.2019   


EN


Official Journal of the European Union


L 156/6








            COUNCIL DECISION (EU) 2019/966
of 6 June 2019
         
appointing a member and an alternate member, proposed by the Republic of Austria, 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 Austrian 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 18 September 2015, by Council Decision (EU) 2015/1572 (4), Mr Hans NIESSL was replaced by Mr Christian ILLEDITS as a member, and Mr Christian ILLEDITS was replaced by Mr Hans NIESSL as an alternate member.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Christian ILLEDITS (Landtagspräsident Burgenland) was proposed.












(3)


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





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as a member:






—


Mr Christian ILLEDITS, Mitglied der Burgenländischen Landesregierung (change of mandate);














(b)


as an alternate member:






—


Mr Hans-Peter DOSKOZIL, Landeshauptmann von Burgenland.










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




Done at Luxembourg, 6 June 2019.


For the Council


The President

A. BIRCHALL
            





(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) 2015/1572 of 18 September 2015 appointing an Austrian member and an Austrian alternate member of the Committee of the Regions (OJ L 245, 22.9.2015, p. 9).