do-me/EUR-LEX huggingface dataset:
Case T-727/18 R: Order of the President of the General Court of 20 September 2019 — ZW v EIB (Interim measures — Civil service — Inadmissibility)
Date: 2019-09-20
Institutions: General Court
Subjects: European civil service, admissibility








C_2019432EN.01005501.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/55






Order of the President of the General Court of 20 September 2019 — ZW v EIB
(Case T-727/18 R)
(Interim measures - Civil service - Inadmissibility)
(2019/C 432/65)
Language of the case: English

Parties


Applicant: ZW (represented by: T. Petsas, lawyer)

Defendant: European Investment Bank

Re:

Application pursuant to Articles 278 and 279 TFEU for the grant of interim measures to suspend or to extend certain time limits and to order the production of documents.

Operative part of the order







1.



The application for interim measures is dismissed.











2.



The costs are reserved.
Case T-615/15 RENV: Judgment of the General Court of 20 September 2019 — LL v Parliament (Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Limitation)
Date: 2019-09-20
Institutions: General Court
Subjects: Member of the European Parliament, limitation of legal proceedings, parliamentary allowance, servant (EU)








C_2019406EN.01001901.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/19






Judgment of the General Court of 20 September 2019 — LL v Parliament
(Case T-615/15 RENV) (1)

(Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Limitation)
(2019/C 406/26)
Language of the case: Lithuanian

Parties


Applicant: LL (represented by: J. Petrulionis, lawyer)

Defendant: European Parliament (represented initially by G. Corstens and S. Toliušis, and subsequently by S. Toliušis, N. Lorenz and M. Ecker, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of decision D(2014) 1553 of the Secretary-General of the Parliament of 17 April 2014 concerning the recovery from the applicant of the sum of EUR 37 728 wrongfully paid as parliamentary assistance and of the debit note of 5 May 2014 relating thereto.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders LL to bear his own costs and to pay those incurred by the European Parliament in the initial proceedings before the General Court, in Case T-615/15, and in the present proceedings on referral, in Case T-615/15 RENV;











3.



Orders the Parliament to bear its own costs and to pay those incurred by LL in the appeal proceedings, in Case C-326/16 P.







(1)  OJ C 27, 25.1.2016.
Case T-716/18: Judgment of the General Court of 20 September 2019 — The Logistical Approach v EUIPO — Idea Groupe (Idealogistic Compass Greatest care in getting it there) (EU trade mark — Opposition proceedings — Application for the EU figurative mark Idealogistic Compass Greatest care in getting it there — Earlier international figurative mark IDÉA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-09-20
Institutions: General Court
Subjects: EU trade mark, carriage of goods, registered trade mark, trade-mark law, transport company








C_2019406EN.01003201.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/32






Judgment of the General Court of 20 September 2019 — The Logistical Approach v EUIPO — Idea Groupe (Idealogistic Compass Greatest care in getting it there)
(Case T-716/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark Idealogistic Compass Greatest care in getting it there - Earlier international figurative mark IDÉA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 406/42)
Language of the case: French

Parties


Applicant: The Logistical Approach BV (Uden, Netherlands) (represented by: R. Milchior and S. Charbonnel, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Idea Groupe (Montoir de Bretagne, France) (represented by: P. Langlais and C. Guyot, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 September 2018 (Case R 2062/2017-4), relating to opposition proceedings between Idea Groupe and The Logistical Approach.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 September 2018 (Case R 2062/2017-4);











2.



Orders EUIPO and Idea Groupe to bear their own costs and each to pay half of the costs incurred by The Logistical Approach BV.







(1)  OJ C 44, 4.2.2019.
Case C-700/19 P: Appeal brought on 20 September 2019 by Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp. against the judgment of the General Court (Fifth Chamber) delivered on 12/07/2019 in Case T-8/16: Toshiba Samsung Storage Technology, Toshiba Samsung Storage Technology Korea v Commission
Date: 2019-09-20
Institutions: Court of Justice
Subjects: cartel, optical medium, restriction on competition, rights of the defence, sanction (EU)








C_2019383EN.01005201.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/52






Appeal brought on 20 September 2019 by Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp. against the judgment of the General Court (Fifth Chamber) delivered on 12/07/2019 in Case T-8/16: Toshiba Samsung Storage Technology, Toshiba Samsung Storage Technology Korea v Commission
(Case C-700/19 P)
(2019/C 383/61)
Language of the case: English

Parties


Appellant: Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Korea Corp. (hereinafter refferd to as the appellants) (represented by: M. Bay, avvocato, J. Ruiz Calzado, abogado, A. Aresu, avvocato)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:






—


set aside the Judgment of the General Court under appeal;










—


annul the Commission decision in case COMP/39.639 – Optical Disk Drives at issue in so far as it concerns the appellants;










—


annul or reduce the amount of the fine imposed on the appellants in that decision;










—


order the Commission to bear the entirety of the costs at first instance and on appeal; and










—


make any other order as may be appropriate in the circumstances of the case.





Pleas in law and main arguments

In support of the appeal, the appellants rely on four pleas in law.
First plea in law, alleging errors in law as regards limbs one, two and three of the first plea at first instance, consisting of infringements of essential procedural requirements and of the rights of defence.
Second plea in law, alleging errors of law in stating the legal standard for the existence of a single and continuous infringement.
Third plea in law, alleging violation of the rights of defence and erroneous legal standard.
Fourth plea in law, alleging failure to comply with essential procedural requirements; full inadequacy of the statement of reasons supporting the rejection of the second plea, first part (lack of jurisdiction), at first instance; and errors in the legal test governing the admissibility of evidence.
Prior notification of a concentration (Case M.9394 — Echostar/Mubadala/HPE JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-09-20
Institutions: European Commission
Subjects: Internet, economic concentration, information technology, merger control, provision of services, satellite, transmission network








C_2019316EN.01000701.xml










20.9.2019   


EN


Official Journal of the European Union


C 316/7






Prior notification of a concentration
(Case M.9394 — Echostar/Mubadala/HPE JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 316/07)

1.   
On 13 September 2019, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Hughes Network Systems, LLC (‘Hughes’, United States of America), controlled by EchoStar Corporation,










—


Al Yah Satellite Communications PrJSC (‘Yahsat’, United Arab Emirates), controlled by Mubadala Investment Company PJSC,










—


HNS Participações e Empreendimentos Ltda. (‘HPE’, Brazil).




Hughes and Yahsat acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of HPE.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Hughes: provision of broadband satellite technologies and broadband internet services to home and small office customers,
—   for Yahsat: provision of multipurpose satellite solutions in the areas of broadband, broadcast, government and commercial communications,
—   for HPE: provision of satellite services in Brazil.


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.9394 — Echostar/Mubadala/HPE 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-494/19: Order of the President of the General Court of 20 September 2019 — CupoNation v EUIPO (Cyber Monday)
Date: 2019-09-20
Institutions: General Court
Subjects: EU trade mark, advertising, electronic publishing, gift item, registered trade mark, retail trade, software, trade-mark law, wholesale trade








C_2019413EN.01006603.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/66






Order of the President of the General Court of 20 September 2019 — CupoNation v EUIPO (Cyber Monday)
(Case T-494/19) (1)

(2019/C 413/80)
Language of the case: German
The President of the General Court has ordered that the case be removed from the register.


(1)  OJ C 288, 26.8.2019.
Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (OJ C 303, 6.9.2019)
Date: 2019-09-20
Institutions: European Commission
Subjects: Italy, Poland, Silesia province, Spain, State aid, Western Pomerania province, control of State aid








C_2019317EN.01000401.xml










20.9.2019   


EN


Official Journal of the European Union


C 317/4






Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
(
Official Journal of the European Union C 303 of 6 September 2019
)
(2019/C 317/02)
On page 2, State aid number SA.52832 (2019/N):
for:







‘Date of adoption of the decision


15.04.2019




Aid number


SA.52832 (2019/N)’





read:







‘Date of adoption of the decision


19.07.2019




Aid number


SA.52832 (2019/N)’
Case C-704/19: Action brought on 20 September 2019 — European Commission v Kingdom of Spain
Date: 2019-09-20
Institutions: Court of Justice
Subjects: Castile-La Mancha, State aid, control of State aid, high-definition television, infringement of EU law, peripheral region, reimbursement of aid








C_2019413EN.01002702.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/27






Action brought on 20 September 2019 — European Commission v Kingdom of Spain
(Case C-704/19)
(2019/C 413/33)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: B. Stromsky and P. Němečková, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing to take, within the time limits prescribed, all the measures necessary to recover from the principal beneficiary, Telecom Castilla-La Mancha SA., the State aid declared illegal and incompatible with the internal market by Article 1 of Commission Decision (EU) 2016/1385 of 1 October 2014 on State aid SA.27408 (C 24/10) (ex NN 37/10, ex CP 19/09) granted by the authorities of Castilla-La Mancha for the deployment of digital terrestrial television in remote and less urbanised areas of Castilla-La Mancha (1) (published in the Official Journal of the European Union L 222 of 17 August 2016, p. 52), by failing to establish the cancellation of all outstanding payments of that aid, and by failing to communicate to the Commission, within the time limit prescribed, the measures adopted to comply with that decision, the Kingdom of Spain has failed to fulfil its obligations under Article 288(4) TFEU and Articles 3 and 4 of that decision;










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Kingdom of Spain has not implemented the decision within the time limits prescribed in Article 4(2) and (3) of the decision.
The Kingdom of Spain has failed to recover the total amount of aid from the principal beneficiary of the aid, Telecom Castilla-La Mancha, SA.. The Kingdom of Spain has failed to establish that all pending aid payments were cancelled following adoption of the decision. The failure to completely recover the amount of the aid to which the decision relates and which was granted to Telecom CLM, and the failure to submit reliable proof of the cancellation of all outstanding payments constitutes a breach on the part of the Kingdom of Spain of its obligation under Article 3 of the decision.
In addition, the Kingdom of Spain has not communicated to the Commission, within the time limit prescribed, the information regarding implementation of the decision, as required under Article 4(3) and (4) thereof.


(1)  OJ 2016 L 222, p. 52.
Case T-65/18: Judgment of the General Court of 20 September 2019 — Venezuela v Council (Action for annulment — Common foreign and security policy — Restrictive measures taken with regard to the situation in Venezuela — Action brought by a third State — Lack of individual concern — Inadmissibility)
Date: 2019-09-20
Institutions: General Court
Subjects: EU restrictive measure, Venezuela, economic sanctions, international sanctions








C_2019399EN.01004601.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/46






Judgment of the General Court of 20 September 2019 — Venezuela v Council
(Case T-65/18) (1)

(Action for annulment - Common foreign and security policy - Restrictive measures taken with regard to the situation in Venezuela - Action brought by a third State - Lack of individual concern - Inadmissibility)
(2019/C 399/55)
Language of the case: English

Parties


Applicant: Bolivarian Republic of Venezuela (represented by: F. Di Gianni and L. Giuliano, lawyers)

Defendant: Council of the European Union (represented: initially by P. Mahnič and L. Ozola, and subsequently by P. Mahnič and A. Antoniadis, Agents)

Re:

Action under Article 263 TFEU for the annulment, first, of Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ 2017 L 295, p. 21), secondly, of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation 2017/2063 (OJ 2018 L 276, p. 1), and, thirdly, of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10), in so far as their provisions concern the Bolivarian Republic of Venezuela

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders the Bolivarian Republic of Venezuela to bear its own costs and to pay those incurred by the Council of the European Union.







(1)  OJ C 134 du 16.4.2018.
Corrigendum to Passenger Name Records (PNR) — List of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union) (OJ C 196, 8.6.2018)
Date: 2019-09-20
Institutions: European Commission
Subjects: EU Member State, air safety, air transport, data collection, data protection, data transmission, personal data, protection of privacy, terrorism, traveller








C_2019316EN.01002901.xml










20.9.2019   


EN


Official Journal of the European Union


C 316/29






Corrigendum to Passenger Name Records (PNR)
List of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

(If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union)

(
Official Journal of the European Union C 196 of 8 June 2018
)
(2019/C 316/12)
On page 29:
The following Member State that has notified the Commission of the application of the PNR Directive in intra-EU flights is added:






—


Portugal.
Euro exchange rates
Date: 2019-09-20
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019316EN.01000501.xml










20.9.2019   


EN


Official Journal of the European Union


C 316/5






Euro exchange rates (1)

19 September 2019
(2019/C 316/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1067 




JPY


Japanese yen


119,46 




DKK


Danish krone


7,4672 




GBP


Pound sterling


0,88735 




SEK


Swedish krona


10,7223 




CHF


Swiss franc


1,0970 




ISK


Iceland króna


137,00 




NOK


Norwegian krone


9,8905 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,892 




HUF


Hungarian forint


332,77 




PLN


Polish zloty


4,3386 




RON


Romanian leu


4,7448 




TRY


Turkish lira


6,3023 




AUD


Australian dollar


1,6291 




CAD


Canadian dollar


1,4686 




HKD


Hong Kong dollar


8,6649 




NZD


New Zealand dollar


1,7536 




SGD


Singapore dollar


1,5243 




KRW


South Korean won


1 321,64 




ZAR


South African rand


16,2351 




CNY


Chinese yuan renminbi


7,8518 




HRK


Croatian kuna


7,4010 




IDR


Indonesian rupiah


15 560,20 




MYR


Malaysian ringgit


4,6385 




PHP


Philippine peso


57,803 




RUB


Russian rouble


70,6938 




THB


Thai baht


33,782 




BRL


Brazilian real


4,5738 




MXN


Mexican peso


21,4426 




INR


Indian rupee


78,9335 






(1)  Source: reference exchange rate published by the ECB.
Case T-287/18: Judgment of the General Court of 20 September 2019 — M.I. Industries v EUIPO — Natural Instinct (Nature’s Variety Instinct) (EU trade mark — Opposition proceedings — Application for the EU figurative mark Nature’s Variety Instinct — Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-09-20
Institutions: General Court
Subjects: EU trade mark, pet food, registered trade mark, trade-mark law








C_2019406EN.01002901.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/29






Judgment of the General Court of 20 September 2019 — M.I. Industries v EUIPO — Natural Instinct (Nature’s Variety Instinct)
(Case T-287/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark Nature’s Variety Instinct - Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 406/38)
Language of the case: English

Parties


Applicant: M.I. Industries, Inc. (Lincoln, Nebraska, United States) (represented by: M. Montañá Mora and S. Sebe Marin, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Natural Instinct Ltd (Southwark, United Kingdom) (represented by: E. Yates, Solicitor, and N. Zweck, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 March 2018 (Case R 1659/2017-5), relating to opposition proceedings between Natural Instinct and M.I. Industries.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders M.I. Industries, Inc. to pay the costs.







(1)  OJ C 231, 2.7.2018