do-me/EUR-LEX huggingface dataset:
Case T-620/19: Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne rosé bottle)
Date: 2019-09-16
Institutions: General Court
Subjects: EU trade mark, champagne, registered trade mark, trade-mark law








C_2019399EN.01007401.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/74






Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne rosé bottle)
(Case T-620/19)
(2019/C 399/92)
Language of the case: English

Parties


Applicant: Ace of spades Holdings LLC (New York, New York, United States) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Gerhard Ernst Krupp (Munich, Germany) and Elmar Borrmann (Reith, Austria)

Details of the proceedings before EUIPO


Applicants of the trade mark at issue: Other parties to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union tridimensional mark (Shape of Champagne rosé bottle) – Application for registration No 16 252 629

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 June 2019 in Case R 1/2019-5

Form of order sought

The applicant claims that the Court should:






—


upheld the present Appeal;










—


annul the contested decision, and/or set aside the contested decision due to erroneous application of Articles 8(1) (b) EUTMR and 8(5) EUTMR and enter a finding to the effect that there does exist likelihood of confusion between the confronted trademarks;










—


order the defendant (and intervener, if he enters an appearance in proceedings) to pay the costs.





Pleas in law







—


Infringement of Article 8(1) (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.










—


Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Information concerning the entry into force of Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union
Date: 2019-09-16
Institutions: Council of the European Union
Subjects: United States, air traffic, air traffic control, civil aviation, cooperation agreement (EU), international cooperation, research and development, revision of an agreement








L_2019238EN.01000101.xml










16.9.2019   


EN


Official Journal of the European Union


L 238/1







Information concerning the entry into force of Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union

Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union, signed in Brussels on 13 December 2017, entered into force on 14 June 2019, in accordance with Article II(B) of the Agreement, as the last notification was deposited on 14 June 2019.
Case T-617/18: Order of the General Court of 16 September 2019 — ZH v ECHA (Civil service — Members of the temporary staff — 2016 staff report — Sick leave — Claim for compensation — Complaint brought after expiry of the three-month period prescribed by Article 90(2) of the Staff Regulations — Force majeure — Excusable error — Manifest inadmissibility)
Date: 2019-09-16
Institutions: General Court
Subjects: indemnification, servant (EU), sick leave, staff assessment, staff regulations (EU), temporary employment








C_2019399EN.01006002.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/60






Order of the General Court of 16 September 2019 — ZH v ECHA
(Case T-617/18) (1)

(Civil service - Members of the temporary staff - 2016 staff report - Sick leave - Claim for compensation - Complaint brought after expiry of the three-month period prescribed by Article 90(2) of the Staff Regulations - Force majeure - Excusable error - Manifest inadmissibility)
(2019/C 399/74)
Language of the case: English

Parties


Applicant: ZH (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, T. Zbihlej and C.-M. Bergerat, acting as Agents, and by A. Duron, lawyer)

Re:

Application pursuant to Article 270 TFEU seeking, first, annulment of the applicant’s 2016 staff report and, second, compensation for the non-material damage which she claims to have suffered.

Operative part of the order







1.



The action is dismissed.











2.



ZH shall pay the costs.







(1)  OJ C 436, 3.12.2018.
Non-opposition to a notified concentration (Case M.9452 — Global Payments/TSYS) (Text with EEA relevance) 2019/C 405/02
Date: 2019-09-16
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronic money, merger control, payment system








C_2019405EN.01000201.xml










2.12.2019   


EN


Official Journal of the European Union


C 405/2






Non-opposition to a notified concentration
(Case M.9452 — Global Payments/TSYS)
(Text with EEA relevance)
(2019/C 405/02)
On 16 September 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 32019M9452. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.9530 — UBS/Ares/Phoenix) (Text with EEA relevance) 2019/C 359/01
Date: 2019-09-16
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, investment company, merger control, provision of services, wind energy








C_2019359EN.01000101.xml










23.10.2019   


EN


Official Journal of the European Union


C 359/1






Non-opposition to a notified concentration
(Case M.9530 — UBS/Ares/Phoenix)
(Text with EEA relevance)
(2019/C 359/01)
On 16 September 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 32019M9530. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Council Decision of 16 September 2019 appointing one alternate member of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) for Romania
Date: 2019-09-16
Institutions: Council of the European Union
Subjects: Cedefop, Romania, appointment of members, decision-making body (EU)




C_2019316EN.01000301.xml










20.9.2019   


EN


Official Journal of the European Union


C 316/3






COUNCIL DECISION
of 16 September 2019
appointing one alternate member of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) for Romania
(2019/C 316/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing the European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 (1), and in particular Article 4 thereof,
Having regard to the list of candidates submitted to the Council by the Governments of the Member States and by the employees' and the employers' organisations,
Whereas:






(1)


By its Decisions of 9 April 2019 (2) and of 8 July 2019 (3), the Council appointed the members and alternate members of the Management Board of the European Centre for the Development of Vocational Training for the period from 1 April 2019 to 31 March 2023.










(2)


The Government of Romania has submitted one nomination for one post to be filled,




HAS ADOPTED THIS DECISION:

Article 1
The following is appointed alternate member of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) for the period ending on 31 March 2023:
GOVERNMENT REPRESENTATIVES







Country


Member


Alternate member




Romania


 


Ms Felicia Ioana SĂNDULESCU






Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 16 September 2019.


For the Council


The President

T. TUPPURAINEN




(1)  OJ L 30, 31.1.2019, p. 90.

(2)  Council Decision of 9 April 2019 appointing the members and alternate members of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) (OJ C 136, 12.4.2019, p. 6).

(3)  Council Decision of 8 July 2019 appointing one member and one alternate member of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) for Lithuania (OJ C 232, 10.7.2019, p. 5).
Case T-621/19: Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne Grande reserve bottle)
Date: 2019-09-16
Institutions: General Court
Subjects: EU trade mark, champagne, registered trade mark, trade-mark law








C_2019399EN.01007501.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/75






Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne Grande reserve bottle)
(Case T-621/19)
(2019/C 399/93)
Language of the case: English

Parties


Applicant: Ace of spades Holdings LLC (New York, New York, United States) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Gerhard Ernst Krupp (Munich, Germany) and Elmar Borrmann (Reith, Austria)

Details of the proceedings before EUIPO


Applicants of the trade mark at issue: Other parties to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union tridimensional mark (Shape of Champagne Grande reserve bottle) – Application for registration No 16 252 637

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 June 2019 in Case R 2/2019-5

Form of order sought

The applicant claims that the Court should:






—


upheld the present Appeal;










—


annul the contested decision, and/or set aside the contested decision due to erroneous application of Articles 8(1) (b) EUTMR and 8(5) EUTMR and enter a finding to the effect that there does exist likelihood of confusion between the confronted trademarks;










—


order the defendant (and intervener, if he enters an appearance in proceedings) to pay the costs.





Pleas in law







—


Infringement of Article 8(1) (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.










—


Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Council Decision (EU, Euratom) 2019/1572 of 16 September 2019 appointing a member, proposed by the Federal Republic of Germany, of the European Economic and Social Committee
Date: 2019-09-16
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Germany, appointment of members








L_2019242EN.01002601.xml










20.9.2019   


EN


Official Journal of the European Union


L 242/26








            COUNCIL DECISION (EU, Euratom) 2019/1572
of 16 September 2019
         
appointing a member, proposed by the Federal Republic of Germany, 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 German 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 term of office of Ms Gabriele BISCHOFF,





HAS ADOPTED THIS DECISION:



Article 1
Mr Andreas BOTSCH, Director Europe and International, Special Advisor to the President, L20 Sherpa, German Trade Union Confederation (DGB), 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, 16 September 2019.


For the Council


The President

T. TUPPURAINEN
            





(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-622/19: Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne prestige bottle)
Date: 2019-09-16
Institutions: General Court
Subjects: EU trade mark, champagne, registered trade mark, trade-mark law








C_2019399EN.01007601.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/76






Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne prestige bottle)
(Case T-622/19)
(2019/C 399/94)
Language of the case: English

Parties


Applicant: Ace of spades Holdings LLC (New York, New York, United States) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Gerhard Ernst Krupp (Munich, Germany) and Elmar Borrmann (Reith, Austria)

Details of the proceedings before EUIPO


Applicants of the trade mark at issue: Other parties to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union tridimensional mark (Shape of Champagne prestige bottle) – Application for registration No 16 255 821

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 June 2019 in Case R 3/2019-5

Form of order sought

The applicant claims that the Court should:






—


upheld the present Appeal;










—


annul the contested decision, and/or set aside the contested decision due to erroneous application of Articles 8(1) (b) EUTMR and 8(5) EUTMR and enter a finding to the effect that there does exist likelihood of confusion between the confronted trademarks;










—


order the defendant (and intervener, if he enters an appearance in proceedings) to pay the costs.





Pleas in law







—


Infringement of Article 8(1) (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.










—


Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Council Decision (EU, Euratom) 2019/1568 of 16 September 2019 appointing a member, proposed by the Kingdom of Denmark, of the European Economic and Social Committee
Date: 2019-09-16
Institutions: Council of the European Union
Subjects: Denmark, European Economic and Social Committee, appointment of members








L_2019242EN.01000101.xml










20.9.2019   


EN


Official Journal of the European Union


L 242/1








            COUNCIL DECISION (EU, Euratom) 2019/1568
of 16 September 2019
         
appointing a member, proposed by the Kingdom of Denmark, 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 Danish 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. On 25 May 2016, by Council Decision (EU, Euratom) 2016/848 (3), Mr Mikkel DALSGAARD was replaced by Mr Klaus MATTHIESEN as a member. On 20 March 2018, by Council Decision (EU, Euratom) 2018/488 (4), Mr Klaus MATTHIESEN was replaced by Mr Thomas HOELGAARD as a member.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Thomas HOELGAARD,





HAS ADOPTED THIS DECISION:



Article 1
The following 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:






—


Ms Tina CHRISTENSEN, Vice president at United Federation of Danish Workers.






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




Done at Brussels, 16 September 2019.


For the Council


The President

T. TUPPURAINEN
            





(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).

(3)  Council Decision (EU, Euratom) 2016/848 of 25 May 2016 appointing a member, proposed by the Kingdom of Denmark, of the European Economic and Social Committee (OJ L 141, 28.5.2016, p. 78).

(4)  Council Decision (EU, Euratom) 2018/488 of 20 March 2018 appointing a member, proposed by the Kingdom of Denmark, of the European Economic and Social Committee (OJ L 81, 23.3.2018, p. 19).
Euro exchange rates
Date: 2019-09-16
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019311EN.01000301.xml










16.9.2019   


EN


Official Journal of the European Union


C 311/3






Euro exchange rates (1)

13 September 2019
(2019/C 311/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1096 




JPY


Japanese yen


119,83 




DKK


Danish krone


7,4678 




GBP


Pound sterling


0,89093 




SEK


Swedish krona


10,6485 




CHF


Swiss franc


1,0940 




ISK


Iceland króna


138,10 




NOK


Norwegian krone


9,9213 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,843 




HUF


Hungarian forint


331,53 




PLN


Polish zloty


4,3248 




RON


Romanian leu


4,7352 




TRY


Turkish lira


6,2892 




AUD


Australian dollar


1,6126 




CAD


Canadian dollar


1,4663 




HKD


Hong Kong dollar


8,6832 




NZD


New Zealand dollar


1,7354 




SGD


Singapore dollar


1,5226 




KRW


South Korean won


1 306,00 




ZAR


South African rand


16,0983 




CNY


Chinese yuan renminbi


7,8589 




HRK


Croatian kuna


7,3945 




IDR


Indonesian rupiah


15 495,56 




MYR


Malaysian ringgit


4,6209 




PHP


Philippine peso


57,644 




RUB


Russian rouble


71,2243 




THB


Thai baht


33,776 




BRL


Brazilian real


4,4964 




MXN


Mexican peso


21,5070 




INR


Indian rupee


78,7415 






(1)  Source: reference exchange rate published by the ECB.
Case T-703/18: Order of the General Court of 16 September 2019 — Poland v Commission (Action for annulment — European Social Fund — Operational programme ‘Knowledge Education Development’ — Letter notifying a final audit report — Act not amenable to review — Preparatory act — Inadmissibility)
Date: 2019-09-16
Institutions: General Court
Subjects: European Social Fund, VAT, admissibility, audit, co-financing, eligibility criteria, operational programme








C_2019399EN.01006201.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/62






Order of the General Court of 16 September 2019 — Poland v Commission
(Case T-703/18) (1)

(Action for annulment - European Social Fund - Operational programme ‘Knowledge Education Development’ - Letter notifying a final audit report - Act not amenable to review - Preparatory act - Inadmissibility)
(2019/C 399/76)
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Commission (represented by: P. Arenas and M. Siekierzyńska, acting as Agents)

Re:

Action under Article 263 TFUE for the annulment of the decision of the Commission allegedly contained in its letter of 17 September 2018 notifying the Republic of Poland the final audit report relating to the operational programme ‘Knowledge Education Development’.

Operative part of the order







1.



The action is dismissed.











2.



It is not necessary to adjudicate on the Czech Republic’s application to intervene.











3.



The Republic of Poland and the European Commission shall bear their own costs.











4.



The Czech Republic shall bear its own costs relating to the application for leave to intervene.







(1)  OJ C 54, 11.2.2019.