do-me/EUR-LEX huggingface dataset:
Case T-221/18: Judgment of the General Court of 6 June 2019 — Torrefazione Caffè Michele Battista v EUIPO — Battista Nino Caffè (BATTISTINO) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark BATTISTINO — Earlier EU word mark BATTISTA — Declaration of invalidity — Proof of genuine use of the earlier trade mark — Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001))
Date: 2019-06-06
Institutions: General Court
Subjects: EU trade mark, coffee, registered trade mark, trade-mark law








C_2019255EN.01004001.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/40






Judgment of the General Court of 6 June 2019 — Torrefazione Caffè Michele Battista v EUIPO — Battista Nino Caffè (BATTISTINO)
(Case T-221/18) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark BATTISTINO - Earlier EU word mark BATTISTA - Declaration of invalidity - Proof of genuine use of the earlier trade mark - Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001))
(2019/C 255/51)
Language of the case: Italian

Parties


Applicant: Torrefazione Caffè Michele Battista Srl (Triggiano, Italy) (represented by: V. Franchini, F. Paesan and R. Bia, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Battista Nino Caffè Srl (Triggiano, Italy) (represented by: D. Russo, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 January 2018 (Case R 402/2017-5), relating to invalidity proceedings between Battista Nino Caffè and Torrefazione Caffè Michele Battista.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 January 2018 (Case R 402/2017-5);











2.



Dismisses the action as to the remainder;











3.



Orders EUIPO and Battista Nino Caffè Srl to bear the costs incurred in the course of the proceedings before the Court.







(1)  OJ C 190, 4.6. 2018.
Case T-338/19: Action brought on 6 June 2019 — UE v Commission
Date: 2019-06-06
Institutions: General Court
Subjects: abuse of power, occupational disease, rights of the defence








C_2019263EN.01005002.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/50






Action brought on 6 June 2019 — UE v Commission
(Case T-338/19)
(2019/C 263/58)
Language of the case: English

Parties


Applicant: UE (represented by: S. Rodrigues and A. Champetier, avocats)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission decision dated 1 August 2018 rejecting the applicant’s request to recognise an occupational disease;










—


if needed, annul the Commission decision dated 5 March 2019 rejecting the applicant’s complaint dated 5 November 2018;










—


order the reimbursement of the applicant’s incurred costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging a manifest error of interpretation of the reasonableness of the period of time in which the occupational disease request has been lodged.










2.


Second plea in law, alleging the misuse of power.










3.


Third plea in law, alleging the breach of the rights of defence and of the duty to state reasons.
Case C-264/18: Judgment of the Court (Fifth Chamber) of 6 June 2019 (request for a preliminary ruling from the Grondwettelijk Hof — Belgium) — P. M., N. G.d.M., P. V.d.S. v Ministerraad (Reference for a preliminary ruling — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 10, (c), and (d)(i),(ii) and (v) — Validity — Scope — Exclusion of arbitration and conciliation services and of certain legal services — Principles of equal treatment and subsidiarity — Articles 49 and 56 TFEU)
Date: 2019-06-06
Institutions: Court of Justice
Subjects: arbitration, equal treatment, principle of subsidiarity, services contract, supplies contract, tendering, works contract








C_2019263EN.01001601.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/16






Judgment of the Court (Fifth Chamber) of 6 June 2019 (request for a preliminary ruling from the Grondwettelijk Hof — Belgium) — P. M., N. G.d.M., P. V.d.S. v Ministerraad
(Case C-264/18) (1)

(Reference for a preliminary ruling - Procedures for the award of public works contracts, public supply contracts and public service contracts - Directive 2014/24/EU - Article 10, (c), and (d)(i),(ii) and (v) - Validity - Scope - Exclusion of arbitration and conciliation services and of certain legal services - Principles of equal treatment and subsidiarity - Articles 49 and 56 TFEU)
(2019/C 263/19)
Language of the case: Dutch

Referring court

Grondwettelijk Hof

Parties to the main proceedings


Applicants: P. M., N. G.d.M., P. V.d.S.

Defendant: Ministerraad

Operative part of the judgment

The examination of the question referred has disclosed no factor of such a kind as to affect the validity of the provisions of Article 10(c) and (d)(i),(ii) and (v) of Directive 2014/24/EU, of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, having regard to the principles of equal treatment and subsidiarity, and also Articles 49 and 56 TFEU.


(1)  OJ C 276, 6.8.2018.
Council Decision of 6 June 2019 appointing four members of the Management Board of the European Medicines Agency
Date: 2019-06-06
Institutions: Council of the European Union
Subjects: European Medicines Agency, appointment of members, board of directors




C_2019195EN.01000201.xml










11.6.2019   


EN


Official Journal of the European Union


C 195/2






COUNCIL DECISION
of 6 June 2019
appointing four members of the Management Board of the European Medicines Agency
(2019/C 195/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Union procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 65(1) and (4) thereof,
Whereas:






(1)


On 30 January 2019, the Commission, acting in accordance with Article 65(1) of Regulation (EC) No 726/2004, presented a list of candidates, representatives of patients’ organisations, doctors’ organisations and veterinarians’ organisations, to be appointed to the Management Board of the European Medicines Agency. The appointment is to be for a three-year term which should start on 15 June 2019.










(2)


The European Parliament considered the list of candidates and submitted its views thereon to the Council on 16 April 2019,




HAS ADOPTED THIS DECISION:

Article 1
The following persons are hereby appointed members of the Management Board of the European Medicines Agency for a three-year period starting from 15 June 2019:







Patients’ organisations


Doctors’ organisations


Veterinarians’ organisations




Mr Marco GRECO
Mr Ioannis NATSIS


Mr Wolf-Dieter LUDWIG


Ms Nancy DE BRIYNE






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)  OJ L 136, 30.4.2004, p. 1.
Case T-543/17: Judgment of the General Court of 6 June 2019 — EIB v Syria (Arbitration clause — Syrian Healthcare Loan Agreement No 21595 — 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, health care, interest, international loan








C_2019280EN.01003501.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/35






Judgment of the General Court of 6 June 2019 — EIB v Syria
(Case T-543/17) (1)

(Arbitration clause - Syrian Healthcare Loan Agreement No 21595 - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)
(2019/C 280/50)
Language of the case: English

Parties


Applicant: European Investment Bank (represented 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 Syrian Healthcare Loan Agreement No 21595, plus default interest.

Operative part of the judgment

The Court:






1.



Orders the Syrian Arab Republic to repay the European Union, represented by the European Investment Bank (EIB) the sums of EUR 62 646 209,04 and 3 582 381,15 US dollars (USD);











2.



Declares that those sums are to bear default interest, in accordance with the method laid down in Article 3.02 of Syrian Healthcare loan agreement No 21595, entered into by the EIB and the Syrian Arab Republic on 15 June 2002 and amended on 17 October and 29 November 2007, on the principal amounts and on the contractual interest, from 9 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.