do-me/EUR-LEX huggingface dataset:
C-580/18 P: Order of the President of the Sixth Chamber of the Court of 14 August 2019 — Nestlé Unternehmungen Deutschland GmbH v Lotte Co. Ltd, European Union Intellectual Property Office (EUIP)
Date: 2019-08-14
Institutions: Court of Justice
Subjects: EU trade mark, business activity, confectionery product, equal treatment, registered trade mark, trade-mark law








C_2020019EN.01003802.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/38






Order of the President of the Sixth Chamber of the Court of 14 August 2019 — Nestlé Unternehmungen Deutschland GmbH v Lotte Co. Ltd, European Union Intellectual Property Office (EUIP)
(C-580/18 P) (1)

(2020/C 19/41)
Language of the case: German.
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 25, 21.1.2019.
Non-opposition to a notified concentration (Case M.9397 — Mirova/GE/Desarrollo Eólico Las Majas) (Text with EEA relevance.)
Date: 2019-08-14
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy industry, holding company, hydraulic energy, investment company, merger control, power plant, renewable energy, solar energy, wind energy








C_2019291EN.01000101.xml










29.8.2019   


EN


Official Journal of the European Union


C 291/1






Non-opposition to a notified concentration
(Case M.9397 — Mirova/GE/Desarrollo Eólico Las Majas)
(Text with EEA relevance)
(2019/C 291/01)
On 14 August 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 32019M9397. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-613/19 P: Appeal brought on 14 August 2019 by Dr. Ing. h.c. F. Porsche AG against the judgment of the General Court (Third Chamber) delivered on 6 June 2019 in Case T-209/18, Dr. Ing. h.c. F. Porsche AG v European Union Intellectual Property Office
Date: 2019-08-14
Institutions: Court of Justice
Subjects: designs and models, motor car, motor vehicle








C_2019413EN.01002302.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/23






Appeal brought on 14 August 2019 by Dr. Ing. h.c. F. Porsche AG against the judgment of the General Court (Third Chamber) delivered on 6 June 2019 in Case T-209/18, Dr. Ing. h.c. F. Porsche AG v European Union Intellectual Property Office
(Case C-613/19 P)
(2019/C 413/27)
Language of the case: German

Parties


Appellant: Dr. Ing. h.c. F. Porsche AG (represented by: C. Klawitter, Rechtsanwalt)

Other parties to the proceedings: European Union Intellectual Property Office, Autec AG
By order of 24 October 2019, the Court of Justice of the European Union (Chamber determining whether appeals may proceed) did not allow the appeal to proceed and ordered the appellant to pay its own costs.
Case C-614/19 P: Appeal brought on 14 August 2019 by Dr. Ing. h.c. F. Porsche AG against the judgment of the General Court (Third Chamber) delivered on 6 June 2019 in Case T-210/18, Dr. Ing. h.c. F. Porsche AG v European Union Intellectual Property Office
Date: 2019-08-14
Institutions: Court of Justice
Subjects: designs and models, motor car, motor vehicle








C_2019413EN.01002401.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/24






Appeal brought on 14 August 2019 by Dr. Ing. h.c. F. Porsche AG against the judgment of the General Court (Third Chamber) delivered on 6 June 2019 in Case T-210/18, Dr. Ing. h.c. F. Porsche AG v European Union Intellectual Property Office
(Case C-614/19 P)
(2019/C 413/28)
Language of the case: German

Parties


Appellant: Dr. Ing. h.c. F. Porsche AG (represented by: C. Klawitter, Rechtsanwalt)

Other parties to the proceedings: European Union Intellectual Property Office, Autec AG
By order of 24 October 2019, the Court of Justice of the European Union (Chamber determining whether appeals may proceed) did not allow the appeal to proceed and ordered the appellant to pay its own costs.
Case T-563/19: Action brought on 14 August 2019 – Perfect Bar v EUIPO (PERFECT Bar)
Date: 2019-08-14
Institutions: General Court
Subjects: EU trade mark, dietary product, food substitute, food supplement, human nutrition, registered trade mark, trade-mark law








C_2019337EN.01001901.xml










7.10.2019   


EN


Official Journal of the European Union


C 337/19






Action brought on 14 August 2019 – Perfect Bar v EUIPO (PERFECT Bar)
(Case T-563/19)
(2019/C 337/19)
Language of the case: English

Parties


Applicant: Perfect Bar LLC (San Diego, California, United States) (represented by: F. Miazzetto, J. Gracia Albero, R. Seoane Lacayo and E. Cebollero González, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for European Union figurative mark PERFECT Bar – Application for registration No 15 376 064

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 June 2019 in Case R 372/2019-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the defendant to pay the costs derived from the procedure before the General Court and EUIPO.





Pleas in law







—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 296 of the Treaty on the Functioning of the European Union;










—


Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


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.
Euro exchange rates
Date: 2019-08-14
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019273EN.01000301.xml










14.8.2019   


EN


Official Journal of the European Union


C 273/3






Euro exchange rates (1)

13 August 2019
(2019/C 273/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1222 




JPY


Japanese yen


118,01 




DKK


Danish krone


7,4633 




GBP


Pound sterling


0,92830 




SEK


Swedish krona


10,7088 




CHF


Swiss franc


1,0853 




ISK


Iceland króna


139,10 




NOK


Norwegian krone


10,0078 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,829 




HUF


Hungarian forint


323,98 




PLN


Polish zloty


4,3372 




RON


Romanian leu


4,7249 




TRY


Turkish lira


6,3141 




AUD


Australian dollar


1,6589 




CAD


Canadian dollar


1,4889 




HKD


Hong Kong dollar


8,8057 




NZD


New Zealand dollar


1,7417 




SGD


Singapore dollar


1,5576 




KRW


South Korean won


1 373,20 




ZAR


South African rand


17,2289 




CNY


Chinese yuan renminbi


7,9303 




HRK


Croatian kuna


7,3928 




IDR


Indonesian rupiah


16 067,10 




MYR


Malaysian ringgit


4,7104 




PHP


Philippine peso


58,743 




RUB


Russian rouble


73,6134 




THB


Thai baht


34,648 




BRL


Brazilian real


4,4773 




MXN


Mexican peso


22,0302 




INR


Indian rupee


80,1865 






(1)  Source: reference exchange rate published by the ECB.
Case C-612/19 P: Appeal brought on 14 August 2019 by CC against the judgment of the General Court (Eighth Chamber) delivered on 13 June 2019 in Case T-248/17 RENV, CC v Parliament
Date: 2019-08-14
Institutions: Court of Justice
Subjects: administrator, competition (EU), damages, indemnification, legal expenses, principle of legal certainty, right to justice, staff regulations (EU)








C_2020019EN.01000701.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/7






Appeal brought on 14 August 2019 by CC against the judgment of the General Court (Eighth Chamber) delivered on 13 June 2019 in Case T-248/17 RENV, CC v Parliament
(Case C-612/19 P)
(2020/C 19/09)
Language of the case: French

Parties


Appellant: CC (represented by: G. Maximini, Rechtsanwalt)

Other party to the proceedings: European Parliament

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment delivered by the General Court on 13 June 2019 in Case T-248/17 RENV, with the exception of point 3 of the operative part of the judgment relating to costs;










—


order the Parliament to pay for all of the material and non-material damage suffered by the appellant, in accordance with the calculation method set out in the application initiating proceedings in Case F-9/12;










—


order the Parliament to pay the costs.





Grounds of appeal and main arguments

The appellant seeks to have set aside in part the judgment of 13 June 2019 in Case CC v Parliament, T-248/17 RENV (with the exception of point 3 of the operative part), in which the General Court ordered the Parliament to pay the appellant the sum of EUR 6 000 and all of the costs, with the remainder of the action being dismissed.
In support of the appeal, the appellant relies on five grounds of appeal alleging:






—


infringement of Article 106 of the Rules of Procedure of the General Court — breach of the principle of legal certainty — infringement of Article 47 of the Charter of Fundamental Rights of the European Union;










—


errors of law in so far as the General Court failed to take the measures of inquiry and of organisation of the procedure requested;










—


distortion of the competition notice — failure to comply with the judgment ordering annulment — unlawful substitution of its own assessment — infringement of Article 1d(2) of the Staff Regulations;










—


error of law in so far as the General Court excluded certain posts from its assessment of the loss of opportunity;










—


arbitrary assessment — error of law — failure to state reasons — lack of impartiality.
Prior notification of a concentration (Case M.9435 — ADNOC/OCI/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-08-14
Institutions: European Commission
Subjects: chemical industry, distributor, economic concentration, gas industry, merger control, oil industry, petrochemicals, storage of hydrocarbons








C_2019273EN.01000601.xml










14.8.2019   


EN


Official Journal of the European Union


C 273/6






Prior notification of a concentration
(Case M.9435 — ADNOC/OCI/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 273/06)

1.   
On 8 August 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:






—


OCI N.V. (‘OCI’, Netherlands),










—


Abu Dhabi National Oil Company (‘ADNOC’, United Arab Emirates).




OCI and ADNOC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the ‘JV’).
The concentration is accomplished by way of purchase of shares and contribution of shares and assets (namely, ADNOC Fertilizers and OCI’s Middle East and North Africa natural gas-based fertilizer business).


2.   
The business activities of the undertakings concerned are:
—   for OCI: the production and distribution of natural gas-based fertilizers and industrial chemicals used for agricultural and industrial purposes,
—   for ADNOC: activities throughout the entire hydrocarbon value chain, including exploration, production, storage, refining and distribution of oil and gas, as well as the development of petrochemical products,
—   for the JV: the production of natural gas-based fertilizers in the Middle East and North Africa for export and distribution.


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.9435 — ADNOC/OCI/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.
Case T-564/19: Action brought on 14 August 2019 – Lozano Arana and Others v EUIPO – Coltejer (LIBERTADOR)
Date: 2019-08-14
Institutions: General Court
Subjects: EU trade mark, building materials, clothing, cosmetic product, footwear industry, jewellery and goldsmith's articles, leather, polishing and scouring preparations, registered trade mark, trade-mark law








C_2019337EN.01001902.xml










7.10.2019   


EN


Official Journal of the European Union


C 337/19






Action brought on 14 August 2019 – Lozano Arana and Others v EUIPO – Coltejer (LIBERTADOR)
(Case T-564/19)
(2019/C 337/20)
Language of the case: English

Parties


Applicants: Antonio Lozano Arana (Cali, Colombia), Daniel Simon Benmaor (Marseille, France), Marion Esther Benmaor (Marseille), Valérie Brigitte Danielle Servant (Marrakech, Morocco) (represented by: M. Angelier, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Coltejer SA (Itagüí, Antioquia, Colombia)

Details of the proceedings before EUIPO


Proprietors of the trade mark at issue: Applicants before the General Court

Trade mark at issue: European Union word mark LIBERTADOR – European Union trade mark No 9 067 414

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 June 2019 in Case R 2482/2018-4

Form of order sought

The applicants claim that the Court should:






—


annul the contested decision.





Pleas in law







—


Infringement of essential procedural requirements (right of defense, right to access to a judge);










—


Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Prior notification of a concentration (Case M.9486 — GBL/Webhelp) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-08-14
Institutions: European Commission
Subjects: economic concentration, holding company, information technology, investment company, merger control, outsourcing, provision of services








C_2019273EN.01000401.xml










14.8.2019   


EN


Official Journal of the European Union


C 273/4






Prior notification of a concentration
(Case M.9486 — GBL/Webhelp)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 273/05)

1.   
On 7 August 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:






—


Groupe Bruxelles Lambert (‘GBL’, Belgium),










—


Webhelp SAS and its subsidiaries (‘Webhelp’, France).




GBL acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Webhelp.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for GBL: an investment holding company which invests in global companies operating in various sectors and mainly in Europe. The only subsidiary in which GBL has a controlling interest is Imerys SA (‘Imerys’), a French multinational specialised in the production and processing of industrial minerals;
—   for Webhelp: Information Technology (‘IT’) service provider active primarily in the provision of business process outsourcing services. It offers a range of core services such as technical assistance for customer loyalty services and claims management, multichannel client data collections, digital and marketing services, payment services and enterprise solutions. Webhelp is mainly active in Europe but has a worldwide presence.


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.9486 — GBL/Webhelp
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.