do-me/EUR-LEX huggingface dataset:
Conduct of judicial activity between 1 and 26 September 2019
Date: 2019-07-15
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








C_2019238EN.01000201.xml










15.7.2019   


EN


Official Journal of the European Union


C 238/2






Conduct of judicial activity between 1 and 26 September 2019
(2019/C 238/02)
At its Plenary Meeting of 19 June 2019, the General Court took note of the fact that the taking of the oath before the Court of Justice by the new Judges of the General Court will take place on 26 September 2019 and, consequently, confirms that, in accordance with the third paragraph of Article 5 of the Protocol on the Statute of the Court of Justice of the European Union, until the new Judges of the General Court take up their duties:






—


the President of the General Court will be Mr Jaeger;










—


the Vice-President of the General Court will be Mr van der Woude;










—


the Presidents of the Chambers of five or three Judges will be Ms Pelikánová, Mr Prek, Mr Frimodt Nielsen, Mr Kanninen, Mr Gratsias, Mr Berardis, Ms Tomljenović, Mr Collins and Mr Gervasoni;










—


the decision on the assignment of Judges to Chambers, as most recently amended by the decision of 20 March 2019 (OJ 2019 C 139, p. 2), the decisions of 13 July 2016 on the composition of the Grand Chamber and on the method of designation of the Judge replacing a Judge prevented from acting (OJ 2016 C 296, p. 2) and the decision of 11 May 2016 on the criteria for assigning cases to Chambers (OJ 2016 C 296, p. 2) will continue to apply.
Case T-507/19: Action brought on 15 July 2019 — DH v Commission
Date: 2019-07-15
Institutions: General Court
Subjects: European official, freedom of self-determination, health expenditure, indemnification, medical report, occupational disease, physician, professional ethics








C_2019295EN.01008401.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/84






Action brought on 15 July 2019 — DH v Commission
(Case T-507/19)
(2019/C 295/110)
Language of the case: Italian

Parties


Applicant: DH (represented by: E. Bonanni, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s decision of 13 September 2018 for failing to provide for the possibility of objecting to the appointment of Dr X in connection with the possible procedure before the newly established Medical Committee and, accordingly, provide for another independent medical practitioner to be appointed for the procedures relating to Cases T-308/19 and T-316/19, providing prompt notification thereof;










—


order the Commission to pay EUR 500 000 or such other amount as the Court shall deem fair;










—


order the Commission to inform the Court and/or the applicant, as requested in application D/462/17, of the identity of the doctor appointed by the Medical Committee who consulted the applicant’s file in full and, while remaining anonymous, gave a negative opinion on a request for reimbursement in respect of medical care requiring prior authorisation submitted by the applicant in the context of Article 10 of the Common Rules on the insurance of officials of the European Union against the risk of accident and of occupational disease (‘the Common Rules’);










—


in any event, order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant claims that, in the present case, there has been conduct that is inconsistent with professional and ethical practices in connection with the renewal of the Medical Committee.
As regards the harm the applicant claims to have suffered, the applicant claims that there has been delay to the proceedings and that the conduct of the doctor in question was inconsistent with professional and ethical practices. He also claims that there have been acts detrimental to the honour and dignity of the victim and unlawful omissions on the part of the Commission, taking into account the fact that the chain of events giving rise to the present action began with the applicant’s request of 7 June 2000 for recognition of aggravation of his occupational illness and with judgments against the Commission in two cases: T-212/01 and T-551/16.
Opinion of the Advisory Committee on restrictive practices and dominant positions at the second meeting on 15 July 2019 concerning a draft decision in Case AT.39711 — Qualcomm (predation) Rapporteur: Spain2019/C 375/05
Date: 2019-07-15
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, European Economic Area, control of restrictive practices, dominant position, electronic component, electronic device, sanction (EU), selling at a loss








C_2019375EN.01001501.xml










6.11.2019   


EN


Official Journal of the European Union


C 375/15






Opinion of the Advisory Committee on restrictive practices and dominant positions at the second meeting on 15 July 2019 concerning a draft decision in Case AT.39711 — Qualcomm (predation)
Rapporteur: Spain
(2019/C 375/05)

(1)   

The Advisory Committee (4 Member States) agrees with the Commission that a fine should be imposed on the addressee of the draft decision.



(2)   

The Advisory Committee (4 Member States) agrees with the Commission that Qualcomm’s actual value of sales during the entire infringement period, based on an estimate of Qualcomm’s indirect sales to third parties in the EEA, should be taken into account for the purpose of the calculation of the basic amount of the fine.



(3)   

The Advisory Committee (4 Member States) agrees with the Commission on the variable amount of the fine set in this case.



(4)   

The Advisory Committee (4 Member States) agrees with the Commission that an additional amount (‘entry fee’) should be applied in this case.



(5)   

The Advisory Committee (4 Member States) agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case.



(6)   

The Advisory Committee (4 Member States) agrees with the Commission on the final amount of the fine.



(7)   

The Advisory Committee (4 Member States) recommends the publication of its opinion in the Official Journal of the European Union.
Case C-547/19: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 15 July 2019 — CY and Asociația ‘Forumul Judecătorilor din România’ v Inspecția Judiciară, Consiliul Superior al Magistraturii and Înalta Curte de Casație și Justiție
Date: 2019-07-15
Institutions: Court of Justice
Subjects: appointment of members, constitutional court, higher court, interpretation of the law, judge, right to justice








C_2019372EN.01001301.xml










4.11.2019   


EN


Official Journal of the European Union


C 372/13






Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 15 July 2019 — CY and Asociația ‘Forumul Judecătorilor din România’ v Inspecția Judiciară, Consiliul Superior al Magistraturii and Înalta Curte de Casație și Justiție
(Case C-547/19)
(2019/C 372/13)
Language of the case: Romanian

Referring court

Înalta Curte de Casație și Justiție

Parties to the main proceedings


Applicants: CY and Asociația ‘Forumul Judecătorilor din România’

Defendants: Inspecția Judiciară, Consiliul Superior al Magistraturii and Înalta Curte de Casație și Justiție

Question referred

Must Article 2 of the Treaty on European Union, Article 19(1) thereof and Article 47 of the Charter of Fundamental Rights of the European Union be interpreted as precluding the intervention of a constitutional court (a body which is not, under national law, a judicial institution) as regards the way in which a supreme court has interpreted and applied infra-constitutional legislation in the activity of establishing panels hearing cases?
Case T-506/19: Action brought on 15 July 2019 — Workspace Group v EUIPO — Technopolis (UMA WORKSPACE)
Date: 2019-07-15
Institutions: General Court
Subjects: EU trade mark, business lease, catering industry, financial services, insurance, provision of services, registered trade mark, rental business, trade event, trade-mark law








C_2019288EN.01006701.xml










26.8.2019   


EN


Official Journal of the European Union


C 288/67






Action brought on 15 July 2019 — Workspace Group v EUIPO — Technopolis (UMA WORKSPACE)
(Case T-506/19)
(2019/C 288/82)
Language of the case: English

Parties


Applicant: Workspace Group plc (London, United Kingdom) (represented by: N. Hine, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Technopolis Oyj (Oulu, Finland)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark UMA WORKSPACE — Application for registration No 16 443 111

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 May 2019 in Case R 1910/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


uphold the opposition decision;










—


refuse the contested application;










—


order EUIPO and the other party to pay the costs incurred by the applicant.





Pleas in law







—


Infringement of Article 8 of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Article 27 of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Euro exchange rates
Date: 2019-07-15
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019237EN.01000201.xml










15.7.2019   


EN


Official Journal of the European Union


C 237/2






Euro exchange rates (1)

12 July 2019
(2019/C 237/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1253 




JPY


Japanese yen


121,83 




DKK


Danish krone


7,4673 




GBP


Pound sterling


0,89788 




SEK


Swedish krona


10,5515 




CHF


Swiss franc


1,1087 




ISK


Iceland króna


141,90 




NOK


Norwegian krone


9,6208 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,590 




HUF


Hungarian forint


325,78 




PLN


Polish zloty


4,2675 




RON


Romanian leu


4,7322 




TRY


Turkish lira


6,4331 




AUD


Australian dollar


1,6102 




CAD


Canadian dollar


1,4667 




HKD


Hong Kong dollar


8,8033 




NZD


New Zealand dollar


1,6871 




SGD


Singapore dollar


1,5308 




KRW


South Korean won


1 326,69 




ZAR


South African rand


15,7072 




CNY


Chinese yuan renminbi


7,7432 




HRK


Croatian kuna


7,3938 




IDR


Indonesian rupiah


15 794,71 




MYR


Malaysian ringgit


4,6284 




PHP


Philippine peso


57,559 




RUB


Russian rouble


70,9895 




THB


Thai baht


34,789 




BRL


Brazilian real


4,2271 




MXN


Mexican peso


21,4670 




INR


Indian rupee


77,2420 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.9370 — Telenor/DNA) (Text with EEA relevance) 2019/C 400/02
Date: 2019-07-15
Institutions: Directorate-General for Competition, European Commission
Subjects: Internet access provider, economic concentration, merger control, mobile communication, telecommunications industry, television








C_2019400EN.01000201.xml










26.11.2019   


EN


Official Journal of the European Union


C 400/2






Non-opposition to a notified concentration
(Case M.9370 — Telenor/DNA)
(Text with EEA relevance)
(2019/C 400/02)
On 15 July 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 32019M9370. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-367/19 R: Order of the President of the General Court of 15 July 2019 — Camerin v Commission (Interim measures — Civil Service — Application for interim measures — No urgency)
Date: 2019-07-15
Institutions: General Court
Subjects: assistant, deduction at source, elderly person, equal treatment, freedom of self-determination, indemnification, pension scheme, residence, staff regulations (EU), subsistence level income








C_2019328EN.01005901.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/59






Order of the President of the General Court of 15 July 2019 — Camerin v Commission
(Case T-367/19 R)
(Interim measures - Civil Service - Application for interim measures - No urgency)
(2019/C 328/68)
Language of the case: English

Parties


Applicant: Laure Camerin (Bastia, France) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Commission (represented by: G. Berscheid, T. S. Bohr and D. Milanowska, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking, first, suspension of the operation of the decision of the Office for Administration and Payment of Individual Entitlements of 17 April 2019 regarding the execution of the attachment order on the applicant’s pension and, second, the adoption of provisional measures to ensure that the amounts subject to attachment do not exceed the monthly sum corresponding to the basic salary of an official at the first step of grade AST 1.

Operative part of the order







1.


The application for interim measures is rejected.










2.


Costs reserved.
Case C-539/19: Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 15 July 2019 — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v Telefonica Germany GmbH & Co. OHG
Date: 2019-07-15
Institutions: Court of Justice
Subjects: consumer protection, mobile communication, mobile phone, provision of services, telephone charges, transmission network








C_2019328EN.01002701.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/27






Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 15 July 2019 — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v Telefonica Germany GmbH & Co. OHG
(Case C-539/19)
(2019/C 328/30)
Language of the case: German

Referring court

Landgericht München I

Parties to the main proceedings


Applicant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V.

Defendant: Telefonica Germany GmbH & Co. OHG

Question referred

Are Articles 6a and 6e(3) of Regulation (EU) No 531/2012 (1) to be interpreted as meaning that, as from 15 June 2017, mobile communications operators were required automatically to switch all customers to the regulated tariff under Article 6a of Regulation (EU) No 531/2012 regardless of whether those customers hitherto had a regulated tariff or a special, so-called alternative, roaming tariff?


(1)  Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (OJ 2012 L 172, p. 10), as amended by Regulation (EU) 2015/2120 (OJ 2015 L 310, p. 1).
Council Decision (EU, Euratom) 2019/1214 of 15 July 2019 appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee
Date: 2019-07-15
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Sweden, appointment of members








L_2019192EN.01002301.xml










18.7.2019   


EN


Official Journal of the European Union


L 192/23








            COUNCIL DECISION (EU, Euratom) 2019/1214
of 15 July 2019
         
appointing a member, proposed by the Kingdom of Sweden, 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 Swedish 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 end of the mandate of Mr Frank Thomas ABRAHAMSSON,





HAS ADOPTED THIS DECISION:



Article 1
Mr Sam HÄGGLUND, European Federation of Building and Woodworkers, 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 Brussels, 15 July 2019.


For the Council


The President

J. LEPPÄ
            





(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).
Council Decision (CFSP) 2019/1210 of 15 July 2019 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Date: 2019-07-15
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, legal person, natural person, trade restriction








L_2019191EN.01000901.xml










17.7.2019   


EN


Official Journal of the European Union


L 191/9








            COUNCIL DECISION (CFSP) 2019/1210
of 15 July 2019
         
amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


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

Whereas:







(1)


On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1) concerning restrictive measures against the Democratic People's Republic of Korea.












(2)


In accordance with Article 36(2) of Decision (CFSP) 2016/849, the Council reviewed the list of designated persons and entities set out in Annexes II, III, V and VI to that Decision.












(3)


One person who was listed both in Annexes I and II should be removed from Annex II. The entry concerning one entity in Annex III should be updated.












(4)


Decision (CFSP) 2016/849 should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annexes II and III to Decision (CFSP) 2016/849 are amended as set out in the Annex to this Decision.


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




Done at Brussels, 15 July 2019.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).




ANNEX
Decision (CFSP) 2016/849 is amended as follows:






1.


In Annex II, Part I(A) (‘Persons’) is amended as follows:






(a)


entry 30, concerning RI Pyong Chol (D.O.B. 1948), is removed;










(b)


the remaining entries are renumbered 1 to 27.














2.


In Annex III, Part (B) (‘Entities’), the entry for the following entity is replaced as follows:









‘3.


Maritime Administrative Bureau
a.k.a. North Korea Maritime Administration Bureau or Maritime Administration of DPR Korea







Address: Ryonhwa-2Dong, Central District, Pyongyang, DPRK




PO Box 416




Tel 850-2-18111 Ex 8059




Fax: 850 2 381 4410




email: mab@silibank.net.kp




Website: www.ma.gov.kp






16.10.2017


The Maritime Administrative Bureau has assisted in the evasion of sanctions imposed by the United Nations Security Council including by renaming and re-registering assets of designated entities and providing false documentation to vessels subject to United Nations sanctions.’
Case T-176/19 R: Order of the President of the General Court of 15 July 2019 — 3V Sigma v ECHA (Application for interim measures — REACH — UVASORB HEB — Evaluation procedure — Decision of the Board of Appeal of ECHA — Application for interim measures — No urgency)
Date: 2019-07-15
Institutions: General Court
Subjects: chemical compound, disclosure of information, marketing standard, product safety, public health, scientific report, toxic substance








C_2019328EN.01005701.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/57






Order of the President of the General Court of 15 July 2019 — 3V Sigma v ECHA
(Case T-176/19 R)
(Application for interim measures - REACH - UVASORB HEB - Evaluation procedure - Decision of the Board of Appeal of ECHA - Application for interim measures - No urgency)
(2019/C 328/65)
Language of the case: English

Parties


Applicant: 3V Sigma SpA (Milan, Italy) (represented, initially, by C. Bryant and S. Hainsworth, Solicitors, and C. Krampitz, lawyer, and, subsequently, by C. Bryant, S. Hainsworth and D. Anderson, Solicitors)

Defendant: European Chemicals Agency (represented, initially, by M. Heikkilä and W. Broere and, subsequently, by W. Broere, acting as Agents)

Re:

Application under Articles 278 TFEU and 279 TFEU seeking suspension of the application of Decision A-004-2017 of the Board of Appeal of ECHA of 15 January 2019 regarding the substance evaluation of the chemical substance UVASORB HEB and, consequently, the extension, for the duration of the suspension, of the prescribed period for submission of the results of the tests, or an order for any other or additional measure which the President of the Court may consider necessary or appropriate.

Operative part of the order







1.



The application for interim measures is dismissed.











2.



The costs shall be reserved.