do-me/EUR-LEX huggingface dataset:
Case T-634/18: Judgment of the General Court of 17 September 2019 — Geske v EUIPO (revolutionary air pulse technology) (EU trade mark — Application for EU word mark revolutionary air pulse technology — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Date: 2019-09-17
Institutions: General Court
Subjects: EU trade mark, electrical equipment, registered trade mark, retail trade, sexuality, trade-mark law








C_2019399EN.01005501.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/55






Judgment of the General Court of 17 September 2019 — Geske v EUIPO (revolutionary air pulse technology)
(Case T-634/18) (1)

(EU trade mark - Application for EU word mark revolutionary air pulse technology - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)
(2019/C 399/67)
Language of the case: German

Parties


Applicant: André Geske (Lübeck, Germany) (represented by: R. Albrecht, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Sesma Merino and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 5 September 2018 (Case R 2721/2017-2), relating to an application for registration of the word sign revolutionary air pulse technology as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr André Geske to pay the costs.







(1)  OJ C 4, 7.1.2019.
Request for an Advisory Opinion from the EFTA Court by the Public Procurement Complaints Committee dated 17 September 2019 in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf. (Case E-7/19)2020/C 23/09
Date: 2019-09-17
Institutions: EFTA Court
Subjects: European Economic Area, Iceland, public procurement, raw material, services contract, storage, tendering, works contract








C_2020023EN.01000901.xml










23.1.2020   


EN


Official Journal of the European Union


C 23/9






Request for an Advisory Opinion from the EFTA Court by the Public Procurement Complaints Committee dated 17 September 2019 in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf.
(Case E-7/19)
(2020/C 23/09)
A request has been made to the EFTA Court dated 17 September 2019 from the Public Procurement Complaints Committee (kærunefnd útboðsmála), which was received at the Court Registry on 23 September 2019, for an Advisory Opinion in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf. on the following question:






 


Is a contract to be pursued following an invitation to tender, in which tenderers undertake to process and stockpile certain raw materials provided by the contracting authority, and in accordance with the contracting authority’s requirements, considered a works contract within the meaning of Directive 2014/24/EU, cf. in particular paragraphs 6 and 7 of Article 2, or a service contract within the meaning of the Directive, cf. in particular Article 2(9)?
European Parliament legislative resolution of 17 September 2019 on the draft Council implementing decision on the launch of automated data exchange with regard to vehicle registration data in Ireland (07290/2019 — C8-0154/2019 — 2019/0806(CNS))
Date: 2019-09-17
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Ireland, cross-frontier data flow, data protection, exchange of information, information system, personal data, vehicle registration








C_2021171EN.01003601.xml










6.5.2021   


EN


Official Journal of the European Union


C 171/36






P9_TA(2019)0010
Launch of automated data exchange with regard to vehicle registration data in Ireland *
European Parliament legislative resolution of 17 September 2019 on the draft Council implementing decision on the launch of automated data exchange with regard to vehicle registration data in Ireland (07290/2019 — C8-0154/2019 — 2019/0806(CNS))
(Consultation)
(2021/C 171/10)

The European Parliament,






—


having regard to the Council draft (07290/2019),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0154/2019),










—


having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0003/2019),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 210, 6.8.2008, p. 1.
Case T-532/18: Judgment of the General Court of 17 September 2019 — Aroma Essence v EUIPO — Refan Bulgaria (washing sponge) (Community design — Invalidity proceedings — Registered Community design representing a washing sponge — Earlier designs — Grounds for invalidity — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Burden of proof on the invalidity applicant — Requirements relating to the reproduction of the prior design)
Date: 2019-09-17
Institutions: General Court
Subjects: cosmetic product, designs and models








C_2019399EN.01005301.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/53






Judgment of the General Court of 17 September 2019 — Aroma Essence v EUIPO — Refan Bulgaria (washing sponge)
(Case T-532/18) (1)

(Community design - Invalidity proceedings - Registered Community design representing a washing sponge - Earlier designs - Grounds for invalidity - Examination by the Board of Appeal of its own motion of the facts constituting disclosure - Burden of proof on the invalidity applicant - Requirements relating to the reproduction of the prior design)
(2019/C 399/64)
Language of the case: English

Parties


Applicant: Aroma Essence Ltd (Kazanlak, Bulgaria) (represented by: A. Nastev, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, Agents,)

Other party to the proceedings before the Board of Appeal of EUIPO: Refan Bulgaria OOD (Trud, Bulgaria)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 19 July 2018 (Case R 1197/2017-3), relating to invalidity proceedings between Aroma Essence and Refan Bulgaria.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Aroma Essence Ltd to pay the costs.







(1)  OJ C 392, 29.10.2018.
Case T-502/18: Judgment of the General Court of 17 September 2019 — Pharmadom v EUIPO — IRF (MediWell) (EU trade mark — Opposition proceedings — Application for EU figurative mark MediWell — Earlier national word mark WELL AND WELL and earlier national figurative mark well & well LES PHARMACIENS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-09-17
Institutions: General Court
Subjects: EU trade mark, cosmetic product, medical device, pharmaceutical product, polishing and scouring preparations, registered trade mark, retail trade, trade-mark law, veterinary medicinal product, wholesale trade








C_2019399EN.01005102.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/51






Judgment of the General Court of 17 September 2019 — Pharmadom v EUIPO — IRF (MediWell)
(Case T-502/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark MediWell - Earlier national word mark WELL AND WELL and earlier national figurative mark well & well LES PHARMACIENS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 399/62)
Language of the case: English

Parties


Applicant: Pharmadom (Boulogne-Billancourt, France) (represented by: M.-P. Dauquaire, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: IRF s. r. o. (Bratislava, Slovakia)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 June 2018 (Case R 6/2018-5), relating to opposition proceedings between Pharmadom and IRF.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Pharmadom to pay the costs.







(1)  OJ C 373, 15.10.2018.
Joined Cases T-129/07 and T-130/07: Judgment of the General Court of 17 September 2019 — Ireland and Aughinish Alumina v Commission (State aid — Directive 2003/96/EC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Selective nature of the measure — Community guidelines on State aid for environmental protection of 2001)
Date: 2019-09-17
Institutions: General Court
Subjects: Munster, State aid, chemical industry, control of State aid, environmental protection, excise duty, mineral oil, regional aid, tax exemption








C_2019399EN.01003801.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/38






Judgment of the General Court of 17 September 2019 — Ireland and Aughinish Alumina v Commission
(Joined Cases T-129/07 and T-130/07) (1)

(State aid - Directive 2003/96/EC - Excise duties on mineral oils - Mineral oils used as fuel for alumina production - Exemption from excise duty - Selective nature of the measure - Community guidelines on State aid for environmental protection of 2001)
(2019/C 399/44)
Language of the case: English

Parties


Applicant in Case T-129/07: Ireland (represented, initially, by D. O’Hagan and E. Alkin, subsequently, by E. Alkin, E. Creedon and A. Joyce, and, finally, by E. Alkin, A. Joyce, M. Browne and G. Hodge, acting as Agents, and by P. McGarry, Senior Counsel)

Applicant in Case T-130/07: Aughinish Alumina Ltd (Askeaton, Ireland) (represented, initially, by J. Handoll and C. Waterson, and, subsequently, by C. Waterson and C. Little, Solicitors)

Defendant: European Commission (represented, initially, by V. Di Bucci, N. Khan, G. Conte and K. Walkerová, and, subsequently, by N. Khan and V. Bottka, acting as Agents)

Re:

Applications pursuant to Article 263 TFEU for annulment, in whole or in part, of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)) (OJ 2007 L 147, p. 29), in so far as it finds that State aid was granted by Ireland, from 1 January 2004, on the basis of the exemption from excise duty on mineral oils used as fuel for alumina production in the Shannon region (Ireland), and in so far as it orders Ireland to recover the aid or to cancel or suspend its payment.

Operative part of the judgment

The Court:






1.



Dismisses the actions;











2.



Orders Ireland to pay the costs in Case T-129/07;











3.



Orders Aughinish Alumina Ltd to pay the costs in Case T-130/07.







(1)  OJ C 140, 23.6.2007.
Case T-399/18: Judgment of the General Court of 17 September 2019 — TrekStor v EUIPO (Theatre) (EU trade mark — Application for EU word mark Theatre — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Date: 2019-09-17
Institutions: General Court
Subjects: EU trade mark, advertising, audiovisual equipment, computer equipment, cultural event, electronic publishing, registered trade mark, software, toy industry, trade-mark law








C_2019399EN.01005001.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/50






Judgment of the General Court of 17 September 2019 — TrekStor v EUIPO (Theatre)
(Case T-399/18) (1)

(EU trade mark - Application for EU word mark Theatre - Absolute ground for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(2019/C 399/60)
Language of the case: German

Parties


Applicant: TrekStor Ltd (Hong-Kong, China) (represented by: O. Spieker, A. Schönfleisch, M. Alber and N. Willich, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 April 2018 (Case R 2238/2017-2) relating to an application for registration of the word sign Theatre as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders TrekStor Ltd to pay the costs.







(1)  OJ C 294, 20.8.2018.
Case T-633/18: Judgment of the General Court of 17 September 2019 — Rose Gesellschaft v EUIPO — Iviton (TON JONES) (EU trade mark — Opposition proceedings — Application for EU word mark TON JONES — Earlier national and international figurative marks Jones — Proof of genuine use of the earlier marks — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Article 18(1) of Regulation 2017/1001 — Article 10 of Delegated Regulation (EU) 2018/625)
Date: 2019-09-17
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_2019399EN.01005402.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/54






Judgment of the General Court of 17 September 2019 — Rose Gesellschaft v EUIPO — Iviton (TON JONES)
(Case T-633/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark TON JONES - Earlier national and international figurative marks Jones - Proof of genuine use of the earlier marks - Article 47(2) and (3) of Regulation (EU) 2017/1001 - Article 18(1) of Regulation 2017/1001 - Article 10 of Delegated Regulation (EU) 2018/625)
(2019/C 399/66)
Language of the case: German

Parties


Applicant: Rose Gesellschaft mbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Iviton s. r. o. (Prešov, Slovakia)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 12 July 2018 (Case R 2136/2017-2), relating to opposition proceedings between Magda Rose GmbH & Co. KG and Iviton.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Rose Gesellschaft mbH to pay the costs.







(1)  OJ C 455, 17.12.2018.
Case T-19/17: Order of the General Court of 17 September 2019 — Fastweb v Commission
Date: 2019-09-17
Institutions: General Court
Subjects: Italy, economic concentration, merger control, telecommunications industry








C_2019399EN.01010301.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/103






Order of the General Court of 17 September 2019 — Fastweb v Commission
(Case T-19/17) (1)

(2019/C 399/122)
Language of the case: Italian
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 70, 6.3.2017.
Case C-685/19: Request for a preliminary ruling from the Landgericht Frankenthal (Germany) lodged on 17 September 2019 — OK v Daimler AG
Date: 2019-09-17
Institutions: Court of Justice
Subjects: approval, commercial vehicle, engine, motor car, motor vehicle, motor vehicle pollution, pollution control measures, reduction of gas emissions, technical specification, vehicle parts








C_2020027EN.01001301.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/13






Request for a preliminary ruling from the Landgericht Frankenthal (Germany) lodged on 17 September 2019 — OK v Daimler AG
(Case C-685/19)
(2020/C 27/17)
Language of the case: German

Referring court

Landgericht Frankenthal

Parties to the main proceedings


Applicant: OK

Defendant: Daimler AG

Questions referred







1.


Is Article 5(2), sentence 2, letter (a) of Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (1) to be interpreted and applied as meaning that a need for the use of defeat devices within the meaning of that provision is only to be found if, even using the state-of-the-art technology available when type approval was obtained for the vehicle model in question, the protection of the engine against damage or accident and the safe operation of the vehicle could not be guaranteed?










2.


Question 2, in the event that question 1 is answered in the affirmative:






 


Are deviations from the general obligation to use the state-of-the-art technology available at the time of the type approval admissible for other reasons, such as a lack of long-term experience or disproportionately high costs of the state-of-the-art technology in relation to other technologies with considerable effects on the retail price?




Question 2, in the event that question 1 is answered in the negative:






 


Even with the use of technological components which are in principle admissible, does a prohibited defeat device exist in the form of the so-called ‘thermal window’, if the parameters set in this regard in the engine control unit are chosen such that the exhaust gas purification is not activated or only activated to a limited extent










(a)


because of the chosen temperatures, taking into account the temperatures usually to be expected for a large part of the year










(b)


because of other parameters — such as the current altitude of the vehicle above sea level — in relevant regions of Germany or the European internal market.










(1)  OJ 2007 L 171, p. 1.
European Parliament decision of 17 September 2019 on the Council recommendation on the appointment of the President of the European Central Bank (N9-0023/2019 — C9-0048/2019 — 2019/0810(NLE))
Date: 2019-09-17
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: European Central Bank, appointment of members, decision-making body (EU), president of an institution








C_2021171EN.01003401.xml










6.5.2021   


EN


Official Journal of the European Union


C 171/34






P9_TA(2019)0008
Appointment of the President of the European Central Bank — Candidate: Ms Christine Lagarde
European Parliament decision of 17 September 2019 on the Council recommendation on the appointment of the President of the European Central Bank (N9-0023/2019 — C9-0048/2019 — 2019/0810(NLE))
(Consultation)
(2021/C 171/08)

The European Parliament,






—


having regard to the Council’s recommendation of 9 July 2019 (1),










—


having regard to Article 283(2), second subparagraph, of the Treaty on the Functioning of the European Union, pursuant to which the European Council consulted Parliament (C9-0048/2019),










—


having regard to Rule 130 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0008/2019),










A.


whereas, by letter of 16 July 2019, the European Council consulted Parliament on the appointment of Christine Lagarde as the President of the European Central Bank for a term of office of eight years, with effect from 1 November 2019;










B.


whereas Parliament’s Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the candidate, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union and in the light of the need for full independence of the ECB pursuant to Article 130 of that Treaty; whereas in carrying out that evaluation, the committee received a curriculum vitae from the candidate as well as her replies to the written questionnaire that had been sent to her;










C.


whereas the committee subsequently held a two-and-a-half-hour hearing with the candidate on 4 September 2019, at which she made an opening statement and then answered questions put by the members of the committee;












1.


Delivers a favourable opinion on the Council recommendation to appoint Christine Lagarde as President of the European Central Bank;












2.


Instructs its President to forward this decision to the European Council, the Council and the governments of the Member States.






(1)  OJ C 235, 12.7.2019, p. 1.
Case T-619/19: Action brought on 17 September 2019 – KF v SatCen
Date: 2019-09-17
Institutions: General Court
Subjects: damages, disciplinary proceedings, indemnification, interest, personality, right to justice, servant (EU), staff regulations (EU)








C_2019399EN.01007301.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/73






Action brought on 17 September 2019 – KF v SatCen
(Case T-619/19)
(2019/C 399/91)
Language of the case: English

Parties


Applicant: KF (represented by: A. Kunst, lawyer, and N. Macaulay, Barrister)

Defendant: European Union Satellite Centre

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Director of the European Union Satellite Centre (SatCen) of 3 July 2019, notified to the applicant on 8 July 2019, to restart the administrative investigation in relation to her conduct and find that SatCen has failed to comply with the judgment of 25 October 2018 of the General Court in KF v The European Union Satellite Centre (Case T-286/15, EU:T:2018:718), infringing Article 266 TFEU;










—


annul the decision of the Director of SatCen rejecting the applicant’s administrative complaint to the Director of SatCen of 2 August 2019 against the decision of 3 July 2019, notified to her on 9 August 2019;










—


order SatCen to pay the applicant full and fair compensation arising from the said judgment in Case T-286/15 in respect of the material harm suffered;










—


order SatCen to compensate the applicant for the material and immaterial harm suffered as a result of the decision to restart the administrative investigation, assessed provisionally on an ex aequo et bono basis at EUR 30 000;










—


order SatCen to pay interest on the unjustified late payment of damages in respect of non-material harm of EUR 10 000 as ordered in the said judgment in Case T-286/15;










—


declare Article 28 and Annex X of the SatCen Staff Regulations, the provisions on the Appeals Board, inapplicable pursuant to Article 277 TFEU;










—


order SatCen to pay the applicant’s costs, together with interest of 8 %.





Pleas in law and main arguments

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






1.


First plea in law, alleging an infringement of the authority of judicial proceedings before the Court of Justice of the European Union.










2.


Second plea in law, alleging an infringement of Article 266 TFEU and the right to sound administration and the duty of care.