do-me/EUR-LEX huggingface dataset:
Case T-532/19: Action brought on 29 July 2019 — EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)
Date: 2019-07-29
Institutions: General Court
Subjects: EU trade mark, registered trade mark, retail trade, toiletries, trade-mark law








C_2019312EN.01004601.xml










16.9.2019   


EN


Official Journal of the European Union


C 312/46






Action brought on 29 July 2019 — EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)
(Case T-532/19)
(2019/C 312/38)
Language of the case: English

Parties


Applicant: EC Brand Comércio, Importação e Exportação de Vestuário em Geral LTDA (Sorocaba, Brazil) (represented by: B. Bittner and U. Heinrich, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for European Union figurative mark pantys– Application for registration No 17 869 310

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 22 May 2019 in Case R 314/2019-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far as it dismissed the appeal regarding the following goods and services:






—


class 05: hygienic absorbents, sanitary napkins, sanitary towels, incontinence pads;










—


class 35: online retail trade services of women’s sanitary products;














—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Widely use in the European Union.
Case C-589/17: Judgment of the Court (Second Chamber) of 29 July 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — Prenatal S.A. v Tribunal Económico Administrativo Regional de Cataluña (TEARC) (Reference for a preliminary ruling — Import of textile products wrongly declared as originating from Jamaica — Post-clearance recovery of import duties — Application for remission — Regulation (EEC) No 2913/92 — Community Customs Code — Article 220(2)(b) and Article 239 — European Commission’s decision to refuse in a particular case — Validity)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: Jamaica, customs regulations, import (EU), originating product, tariff policy, textile product








C_2019319EN.01000901.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/9






Judgment of the Court (Second Chamber) of 29 July 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — Prenatal S.A. v Tribunal Económico Administrativo Regional de Cataluña (TEARC)
(Case C-589/17) (1)

(Reference for a preliminary ruling - Import of textile products wrongly declared as originating from Jamaica - Post-clearance recovery of import duties - Application for remission - Regulation (EEC) No 2913/92 - Community Customs Code - Article 220(2)(b) and Article 239 - European Commission’s decision to refuse in a particular case - Validity)
(2019/C 319/08)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties to the main proceedings


Applicant: Prenatal S.A.

Defendant: Tribunal Económico Administrativo Regional de Cataluña (TEARC)

Operative part of the judgment

The consideration of Commission Decision C(2008) 6317 final of 3 November 2008 finding that post-clearance entry in the accounts of import duties is justified and remission of those duties is not justified in a particular case (Case REM 03/07), in the light of Article 220(2)(b) and Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000, revealed no factor of such a kind as to affect the validity of that decision.


(1)  OJ C 22, 22.1.2018.
Case C-574/19: Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 29 July 2019 — PL v Deutsche Lufthansa AG
Date: 2019-07-29
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, traveller








C_2019383EN.01003901.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/39






Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 29 July 2019 — PL v Deutsche Lufthansa AG
(Case C-574/19)
(2019/C 383/46)
Language of the case: German

Referring court

Amtsgericht Hamburg

Parties to the main proceedings


Applicant: PL

Defendant: Deutsche Lufthansa AG
The case was removed from the register of the Court of Justice by Order of the President of the Court of 23 September 2019.
Case C-451/18: Judgment of the Court (Sixth Chamber) of 29 July 2019 (request for a preliminary ruling from the Győri Ítélőtábla — Hungary) — Tibor-Trans Fuvarozó és Kereskedelmi Kft. v DAF Trucks NV (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Special jurisdiction — Article 7(2) — Tort, delict or quasi-delict — Place where the harmful event occurred — Claim for compensation for damage caused by a cartel found to be contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: cartel, commercial vehicle, control of restrictive practices, hire purchase, jurisdiction, motor vehicle industry, ownership, price agreement, price increase, private international law








C_2019319EN.01001901.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/19






Judgment of the Court (Sixth Chamber) of 29 July 2019 (request for a preliminary ruling from the Győri Ítélőtábla — Hungary) — Tibor-Trans Fuvarozó és Kereskedelmi Kft. v DAF Trucks NV
(Case C-451/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Special jurisdiction - Article 7(2) - Tort, delict or quasi-delict - Place where the harmful event occurred - Claim for compensation for damage caused by a cartel found to be contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area)
(2019/C 319/20)
Language of the case: Hungarian

Referring court

Győri Ítélőtábla

Parties to the main proceedings


Applicant: Tibor-Trans Fuvarozó és Kereskedelmi Kft.

Defendant: DAF Trucks NV

Operative part of the judgment

Article 7(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, must be interpreted as meaning that, in an action for compensation for damage caused by an infringement of Article 101 TFEU, consisting, inter alia, of collusive arrangements on pricing and gross price increases for trucks, ‘the place where the harmful event occurred’ covers, in a situation such as that at issue in the main proceedings, the place where the market which is affected by that infringement is located, that is to say, the place where the market prices were distorted and in which the victim claims to have suffered that damage, even where the action is directed against a participant in the cartel at issue with whom that victim had not established contractual relations.


(1)  OJ C 319, 10.9.2018.
Case C-38/18: Judgment of the Court (First Chamber) of 29 July 2019 (request for a preliminary ruling from the Tribunale di Bari — Italy) — Criminal proceedings against Massimo Gambino, Shpetim Hyka (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/29/EU — Minimum standards on the rights, support and protection of victims of crime — Articles 16 and 18 — Victim testimony before a criminal court of first instance — Change in the composition of the bench — Requirement for a victim to repeat his oral evidence at the request of one of the parties to the proceedings — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Right to a fair trial and rights of the defence — Principle of immediacy — Scope — Victim’s right to protection during criminal proceedings)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: criminal proceedings, evidence, help for victims, judge, judicial cooperation in criminal matters in the EU, right to justice, rights of the defence








C_2019319EN.01001401.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/14






Judgment of the Court (First Chamber) of 29 July 2019 (request for a preliminary ruling from the Tribunale di Bari — Italy) — Criminal proceedings against Massimo Gambino, Shpetim Hyka
(Case C-38/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2012/29/EU - Minimum standards on the rights, support and protection of victims of crime - Articles 16 and 18 - Victim testimony before a criminal court of first instance - Change in the composition of the bench - Requirement for a victim to repeat his oral evidence at the request of one of the parties to the proceedings - Charter of Fundamental Rights of the European Union - Articles 47 and 48 - Right to a fair trial and rights of the defence - Principle of immediacy - Scope - Victim’s right to protection during criminal proceedings)
(2019/C 319/13)
Language of the case: Italian

Referring court

Tribunale di Bari

Parties in the main criminal proceedings

Massimo Gambino, Shpetim Hyka

Interveners: Procura della Repubblica presso il Tribunale di Bari, Ernesto Lappostato, Banca Carige SpA — Cassa di Risparmio di Genova e Imperia

Operative part of the judgment

Articles 16 and 18 of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA must be interpreted as not precluding national legislation under which, where the victim of a crime has already given testimony before the bench of a criminal court of first instance and the composition of that bench is changed subsequently, the testimony of that victim must, in principle, be given before that bench in its new composition where one of the parties to the proceedings refuses to allow such a bench to rely on the written record of that victim’s first testimony.


(1)  OJ C 142, 23.4.2018.
Case C-388/18: Judgment of the Court (Tenth Chamber) of 29 July 2019 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt A v B (Reference for a preliminary ruling — Taxation — Harmonisation of fiscal legislation — Directive 2006/112/EC — Common system of value added tax (VAT) — Point 1 of the first sentence of Article 288 and Article 315 — Special scheme for small undertakings — Special arrangements for taxable dealers — Taxable dealer falling under the margin scheme — Annual turnover determining whether the special scheme for small undertakings is applicable — Margin or amounts received)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, small business, tax harmonisation, taxpayer, trading margin, turnover








C_2019319EN.01001702.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/17






Judgment of the Court (Tenth Chamber) of 29 July 2019 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt A v B
(Case C-388/18) (1)

(Reference for a preliminary ruling - Taxation - Harmonisation of fiscal legislation - Directive 2006/112/EC - Common system of value added tax (VAT) - Point 1 of the first sentence of Article 288 and Article 315 - Special scheme for small undertakings - Special arrangements for taxable dealers - Taxable dealer falling under the margin scheme - Annual turnover determining whether the special scheme for small undertakings is applicable - Margin or amounts received)
(2019/C 319/18)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant: Finanzamt A

Respondent: B

Operative part of the judgment

Point 1 of the first sentence of Article 288 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation or a national administrative practice under which the turnover used as a reference to determine whether the special scheme for small undertakings is applicable to a taxable person falling under the special margin scheme envisaged for taxable dealers is calculated, in accordance with Article 315 of that directive, using only the profit margin made. That turnover must be established on the basis of all amounts, exclusive of value added tax, received or to be received by that taxable dealer, regardless of how those amounts will actually be taxed.


(1)  OJ C 328, 17.9.2018.
Case T-533/19: Action brought on 29 July 2019 — Artur Florêncio & Filhos, Affsports v EUIPO — Anadeco Gestion (sflooring)
Date: 2019-07-29
Institutions: General Court
Subjects: EU trade mark, carpet, floor coverings, registered trade mark, trade-mark law








C_2019312EN.01004701.xml










16.9.2019   


EN


Official Journal of the European Union


C 312/47






Action brought on 29 July 2019 — Artur Florêncio & Filhos, Affsports v EUIPO — Anadeco Gestion (sflooring)
(Case T-533/19)
(2019/C 312/39)
Language of the case: English

Parties


Applicant: Artur Florêncio & Filhos, Affsports Lda (Sintra, Portugal) (represented by: D. Martins Pereira Soares, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Anadeco Gestion, SA (Cartagena, Spain)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for European Union figurative mark sflooring in colours black, white and grey — Application for registration No 11 943 586

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 May 2019 in Case R 1870/2018-4

Form of order sought

The applicant claims that the Court should:






—


totally admit this appeal










—


completely revoke the contested decision;










—


amend the contested decision, based on the grounding in this appeal and declare the granting of European Union trademark No 11 943 588 sflooring;










—


condemn the EUIPO in the costs incurred by the appellant, including in the costs made in the case that run before EUIPO;










—


condemn the other party to bear the appellant’s costs in the EUIPO proceedings.





Pleas in law







—


Insufficiency of the proofs of genuine use of earlier trademark T-FLOORING










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-577/19 P: Appeal brought on 29 July 2019 by KID-Systeme GmbH against the judgment of the General Court (Sixth Chamber) delivered on 16 May 2019 in Case T-354/18: KID-Systeme v EUIPO
Date: 2019-07-29
Institutions: Court of Justice
Subjects: EU trade mark, electronic equipment, maintenance, recording medium, registered trade mark, software, trade-mark law, vehicle








C_2019432EN.01001801.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/18






Appeal brought on 29 July 2019 by KID-Systeme GmbH against the judgment of the General Court (Sixth Chamber) delivered on 16 May 2019 in Case T-354/18: KID-Systeme v EUIPO
(Case C-577/19 P)
(2019/C 432/22)
Language of the case: English

Parties


Appellant: KID-Systeme GmbH (represented by: R. Kunze, G. Würtenberger, Rechtsanwälte, T. Wittmann, Rechtsanwältin)

Other party to the proceedings: European Union Intellectual Property Office
By order of 10 October 2019 the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal is not allowed to proceed and that KID-Systeme GmbH shall bear its own costs.
Case C-124/18 P: Judgment of the Court (Tenth Chamber) of 29 July 2019 — Red Bull GmbH v European Union Intellectual Property Office (EUIPO), Marques, Optimum Mark sp. z o.o. (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 4 and Article 7(1)(a) — Absolute ground for refusal — Invalidity proceedings — Combination of two colours per se — No systematic arrangement associating the colours in a predetermined and uniform way)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: EU trade mark, aerated drink, equal treatment, principle of proportionality, registered trade mark, trade-mark law








C_2019319EN.01001402.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/14






Judgment of the Court (Tenth Chamber) of 29 July 2019 — Red Bull GmbH v European Union Intellectual Property Office (EUIPO), Marques, Optimum Mark sp. z o.o.
(Case C-124/18 P) (1)

(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Article 4 and Article 7(1)(a) - Absolute ground for refusal - Invalidity proceedings - Combination of two colours per se - No systematic arrangement associating the colours in a predetermined and uniform way)
(2019/C 319/14)
Language of the case: English

Parties


Appellant: Red Bull GmbH (represented by: A. Renck, Rechtsanwalt, and S. Petivlasova, abogada)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: A. Folliard-Monguiral and D. Botis, acting as Agents), Marques (represented by: R. Mallinson, Solicitor, and T. Müller, Rechtsanwalt), Optimum Mark sp. z o.o. (represented by: R. Skubisz, J. Dudzik and M. Mazurek, adwokaci, and E. Jaroszyńska-Kozłowska, advocate)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Red Bull GmbH to pay the costs.






(1)  OJ C 200, 11.6.2018.
Case C-209/18: Judgment of the Court (Fourth Chamber) of 29 July 2019 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Infringement of Directive 2006/123/EC and Articles 49 and 56 TFEU — Restrictions and requirements relating to the location of the registered office, legal form, shareholding and multidisciplinary activities of partnerships and companies of civil engineers, patent agents and veterinary surgeons)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: civil engineering, infringement of EU law, legal status, national implementing measure, professional society, seat of institution, shareholding, veterinarian








C_2019319EN.01001501.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/15






Judgment of the Court (Fourth Chamber) of 29 July 2019 — European Commission v Republic of Austria
(Case C-209/18) (1)

(Failure of a Member State to fulfil obligations - Infringement of Directive 2006/123/EC and Articles 49 and 56 TFEU - Restrictions and requirements relating to the location of the registered office, legal form, shareholding and multidisciplinary activities of partnerships and companies of civil engineers, patent agents and veterinary surgeons)
(2019/C 319/15)
Language of the case: German

Parties


Applicant: European Commission (represented by: G. Braun and H. Tserepa-Lacombe, Agents)

Defendant: Republic of Austria (represented by: G. Hesse, Agent)

Intervener in support of the defendant: Federal Republic of Germany (represented initially by T. Henze and D. Klebs and subsequently by D. Klebs, Agents)

Operative part of the judgment

The Court:






1.


Declares that, by maintaining the requirements relating to the location of the seat for partnerships and companies of civil engineers and patent agents, the requirements relating to legal form and shareholding for partnerships and companies of civil engineers, patent agents and veterinary surgeons, and the restriction of multidisciplinary activities for partnerships and companies of civil engineers and patent agents, the Republic of Austria has failed to fulfil its obligations under Article 14(1), Article 15(1), (2)(b) and (c), and (3), and Article 25 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market;










2.


Orders the Republic of Austria to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 190, 4.6.2018.
Case C-481/18: Judgment of the Court (Sixth Chamber) of 29 July 2019 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2012/39/EU — Technical requirements for the testing of human tissues and cells — Failure to communicate or failure to transpose within the prescribed period)
Date: 2019-07-29
Institutions: Court of Justice
Subjects: chronic illness, health control, infringement procedure (EU), national implementing measure, organ transplantation, test tube fertilisation








C_2019319EN.01001902.xml










23.9.2019   


EN


Official Journal of the European Union


C 319/19






Judgment of the Court (Sixth Chamber) of 29 July 2019 — European Commission v Italian Republic
(Case C-481/18) (1)

(Failure of a Member State to fulfil obligations - Directive 2012/39/EU - Technical requirements for the testing of human tissues and cells - Failure to communicate or failure to transpose within the prescribed period)
(2019/C 319/21)
Language of the case: Italian

Parties


Applicant: European Commission (represented by A. Szmytkowska and C. Sjödin, Agents)

Defendant: Italian Republic (represented by G. Palmieri, Agent, and by C. Colelli, avvocato dello Stato)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2012/39/EU of 26 November 2012 amending Directive 2006/17/EC as regards certain technical requirements for the testing of human tissues and cells (OJ 2012 L 327, p. 24), and by failing to notify to the European Commission the provisions adopted to transpose Directive 2012/39, the Italian Republic has failed to fulfil its obligations under Article 2(1) of that directive;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 328, 17.9.2018.
Euro exchange rates
Date: 2019-07-29
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019254EN.01000101.xml










29.7.2019   


EN


Official Journal of the European Union


C 254/1






Euro exchange rates (1)

26 July 2019
(2019/C 254/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1138 




JPY


Japanese yen


121,06 




DKK


Danish krone


7,4663 




GBP


Pound sterling


0,89633 




SEK


Swedish krona


10,5585 




CHF


Swiss franc


1,1053 




ISK


Iceland króna


135,70 




NOK


Norwegian krone


9,6913 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,542 




HUF


Hungarian forint


326,45 




PLN


Polish zloty


4,2670 




RON


Romanian leu


4,7263 




TRY


Turkish lira


6,2613 




AUD


Australian dollar


1,6082 




CAD


Canadian dollar


1,4680 




HKD


Hong Kong dollar


8,7078 




NZD


New Zealand dollar


1,6767 




SGD


Singapore dollar


1,5242 




KRW


South Korean won


1 317,79 




ZAR


South African rand


15,7656 




CNY


Chinese yuan renminbi


7,6609 




HRK


Croatian kuna


7,3845 




IDR


Indonesian rupiah


15 568,70 




MYR


Malaysian ringgit


4,5904 




PHP


Philippine peso


56,810 




RUB


Russian rouble


70,3184 




THB


Thai baht


34,411 




BRL


Brazilian real


4,2053 




MXN


Mexican peso


21,2038 




INR


Indian rupee


76,7400 






(1)  Source: reference exchange rate published by the ECB.