do-me/EUR-LEX huggingface dataset:
Case T-13/18: Judgment of the General Court of 24 September 2019 — Crédit mutuel Arkéa v EUIPO — Confédération nationale du Crédit mutuel (Crédit Mutuel) (EU trade mark — Invalidity proceedings — EU word mark Crédit Mutuel — Absolute grounds for refusal — Descriptive character — No distinctive character — Distinctive character acquired through use — Cross-claim — Article 7(1)(b) and (c), and Article 7(3) of Regulation (EU) 2017/1001 — Article 59(1)(a) and Article 59(2) of Regulation 2017/1001)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, advertising, consultancy, electronic banking, financial services, insurance, registered trade mark, trade-mark law








C_2019413EN.01004501.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/45






Judgment of the General Court of 24 September 2019 — Crédit mutuel Arkéa v EUIPO — Confédération nationale du Crédit mutuel (Crédit Mutuel)
(Case T-13/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark Crédit Mutuel - Absolute grounds for refusal - Descriptive character - No distinctive character - Distinctive character acquired through use - Cross-claim - Article 7(1)(b) and (c), and Article 7(3) of Regulation (EU) 2017/1001 - Article 59(1)(a) and Article 59(2) of Regulation 2017/1001)
(2019/C 413/53)
Language of the case: French

Parties


Applicant: Crédit Mutuel Arkéa (Le Relecq Kerhuon, France) (represented by: A. Casalonga, L. Codevelle and C. Bercial Arias, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Confédération nationale du Crédit mutuel (Paris, France) (represented by: B. Moreau-Margotin and M. Merli, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 November 2017 (Case R 1724/2016-5), relating to invalidity proceedings between Crédit Mutuel Arkéa and Confédération nationale du Crédit mutuel.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2017 (Case R 1724/2016-5) in so far as it concludes that the contested mark acquired distinctive character through use for the goods and services for which it was descriptive and non-distinctive;











2.



Dismisses the action as to the remainder;











3.



Dismisses the cross-claim;











4.



Orders Crédit Mutuel Arkéa to bear a third of its own costs and to pay a third of the costs incurred by EUIPO and Confédération nationale du Crédit mutuel in the main action;











5.



Orders EUIPO to pay two thirds of its own costs and two thirds of the costs incurred by the applicant in the main action;











6.



Orders Confédération nationale du Crédit mutuel to bear two thirds of its own costs incurred in the main action and the costs incurred in the cross-claim.







(1)  OJ C 94, 12.3.2018.
Case T-586/14 RENV: Judgment of the General Court of 24 September 2019 — Xinyi PV Products (Anhui) Holdings v Commission (Dumping — Imports of solar glass originating in China — Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009 (now Article 2(7)(b) and (c) of Regulation (EU) 2016/1036) — Market economy treatment — Concept of ‘significant distortion in the production costs and financial situation of firms’ — Tax incentives — Manifest error of assessment)
Date: 2019-09-24
Institutions: General Court
Subjects: China, anti-dumping duty, financial situation, glass, import (EU), market economy, originating product, production cost, solar collector, tax incentive








C_2019413EN.01003801.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/38






Judgment of the General Court of 24 September 2019 — Xinyi PV Products (Anhui) Holdings v Commission
(Case T-586/14 RENV) (1)

(Dumping - Imports of solar glass originating in China - Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009 (now Article 2(7)(b) and (c) of Regulation (EU) 2016/1036) - Market economy treatment - Concept of ‘significant distortion in the production costs and financial situation of firms’ - Tax incentives - Manifest error of assessment)
(2019/C 413/45)
Language of the case: English

Parties


Applicant: Xinyi PV Products (Anhui) Holdings Ltd (Anhui, China) (represented by: Y. Melin, lawyer)

Defendant: European Commission (represented by: L. Flynn and T. Maxian Rusche, acting as Agents)

Interverner in support of the defendant: GMB Glasmanufaktur Brandenburg GmbH (Tschernitz, Germany) (represented by: R. MacLean, Solicitor)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China (OJ 2014 L 142, p. 1; corrigendum OJ 2014 L 253, p. 4).

Operative part of the judgment

The Court:






1.



Annuls Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China;











2.



Orders the European Commission to bear its own costs and to pay the costs of Xinyi PV Products (Anhui) Holdings Ltd, with the exception of those relating to the intervention;











3.



Orders GMB Glasmanufaktur Brandenburg GmbH to bear its own costs and to pay the costs of Xinyi PV Products (Anhui) Holdings relating to its intervention.







(1)  OJ C 372, 20.10.2014.
Case T-219/18: Judgment of the General Court of 24 September 2019 — Piaggio & C. v EUIPO — Zhejiang Zhongneng Industry Group (Mopeds) (Community design — Invalidity proceedings — Registered Community design representing a moped — Earlier Community design — Ground for invalidity — Individual character — Different overall impression — Informed user — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Interpretation consistent with Article 6 of Regulation No 6/2002 — No use of an earlier three-dimensional national trademark not registered in the registered design — Article 25(1)(e) of Regulation No 6/2002 — No unauthorised use of a work protected by the copyright law of a Member State in the registered design — Article 25(1)(f) of Regulation No 6/2002)
Date: 2019-09-24
Institutions: General Court
Subjects: designs and models, two-wheeled vehicle








C_2019413EN.01004702.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/47






Judgment of the General Court of 24 September 2019 — Piaggio & C. v EUIPO — Zhejiang Zhongneng Industry Group (Mopeds)
(Case T-219/18) (1)

(Community design - Invalidity proceedings - Registered Community design representing a moped - Earlier Community design - Ground for invalidity - Individual character - Different overall impression - Informed user - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Interpretation consistent with Article 6 of Regulation No 6/2002 - No use of an earlier three-dimensional national trademark not registered in the registered design - Article 25(1)(e) of Regulation No 6/2002 - No unauthorised use of a work protected by the copyright law of a Member State in the registered design - Article 25(1)(f) of Regulation No 6/2002)
(2019/C 413/56)
Language of the case: Italian

Parties


Applicant: Piaggio & C. SpA (Pontedera, Italy) (represented by: F. Jacobacci, B. La Tella and B. Lucchetti, lawyers)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zhejiang Zhongneng Industry Group Co. Ltd (Taizhou City, China) (represented by: M. Spolidoro, M. Gurrado, S. Verea and M. Balestriero, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 19 January 2018 (Case R 1496/2015-3), in relation to cancellation proceedings between Piaggio & C. and Zhejiang Zhongneng Industry Group.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Piaggio & C. SpA to pay the costs







(1)  OJ C 182, 28.5.2018.
Case T-749/18: Judgment of the General Court of 24 September 2019 — Daimler v EUIPO (ROAD EFFICIENCY) (EU trade mark — Application for EU word mark ROAD EFFICIENCY — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, advertising, computer equipment, maintenance, motor vehicle, registered trade mark, software, telecommunications, trade-mark law








C_2019423EN.01004901.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/49






Judgment of the General Court of 24 September 2019 — Daimler v EUIPO (ROAD EFFICIENCY)
(Case T-749/18) (1)

(EU trade mark - Application for EU word mark ROAD EFFICIENCY - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 423/62)
Language of the case: German

Parties


Applicant: Daimler AG (Stuttgart, Germany) (represented by: P. Kohl, lawyer)

Defendant: European Union Intellectual Property Office (represented by: W. Schramek and A. Söder, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 October 2018 (Case R 2701/2017-5), concerning an application for registration of the word sign ROAD EFFICIENCY as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Daimler AG to pay the costs.







(1)  OJ C 65, 18.2.2019.
Case T-301/18: Judgment of the General Court of 24 September 2019 — Yanukovych v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2019-09-24
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence








C_2019423EN.01003701.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/37






Judgment of the General Court of 24 September 2019 — Yanukovych v Council
(Case T-301/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2019/C 423/45)
Language of the case: English

Parties


Applicant: Oleksandr Viktorovych Yanukovych (Saint Petersburg, Russia) (represented by: T. Beazley QC, E. Dean and J. Marjason-Stamp, Barristers)

Defendant: Council of the European Union (represented by: P. Mahnič and J.-P. Hix, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.



Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Oleksandr Viktorovych Yanukovych’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;











2.



Orders the Council of the European Union to pay the costs.







(1)  OJ C 231, 2.7.2018.
Cases T-760/15 and T-636/16: Judgment of the General Court of 24 September 2019 — Netherlands and Others v Commission (State aid — Aid implemented by the Netherlands — Decision declaring the aid to be incompatible with the internal market and unlawful and ordering its recovery — Tax ruling — Transfer pricing — Calculation of the tax base — Arm’s length principle — Advantage — Reference system — Fiscal and procedural autonomy of the Member States)
Date: 2019-09-24
Institutions: General Court
Subjects: State aid, basis of tax assessment, coffee, control of State aid, corporation tax, fixing of prices, price agreement, reimbursement of aid, tax relief








C_2019413EN.01004001.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/40






Judgment of the General Court of 24 September 2019 — Netherlands and Others v Commission
(Cases T-760/15 and T-636/16) (1)

(State aid - Aid implemented by the Netherlands - Decision declaring the aid to be incompatible with the internal market and unlawful and ordering its recovery - Tax ruling - Transfer pricing - Calculation of the tax base - Arm’s length principle - Advantage - Reference system - Fiscal and procedural autonomy of the Member States)
(2019/C 413/47)
Language of the case: Dutch and English

Parties


Applicant in Case T-760/15: Kingdom of the Netherlands (represented initially by M. Bulterman, B. Koopman, M. de Ree and M. Noort, subsequently by M. Bulterman)

Applicants in Case T-636/16: Starbucks Corp. (Seattle, Washington, United States), Starbucks Manufacturing Emea BV (Amsterdam, Netherlands) (represented by: S. Verschuur, M. Petite and M. Stroungi, lawyers),

Defendant: European Commission (in Case T-760/15 represented initially by P. J. Loewenthal and B. Stromsky, subsequently by P. J. Loewenthal and F. Tomat, acting as Agents, and in Case T-636/16, by P. J. Loewenthal and F. Tomat, acting as Agents)

Intervener in support of the applicant in Case T-760/15: Ireland (represented initially by E. Creedon, G. Hodge, K. Duggan and A. Joyce, subsequently by G. Hodge, A. Joyce, K. Duggan, M. Browne and J. Quaney, acting as Agents, and by M. Collins, P. Gallagher, Senior Counsel, B. Doherty and S. Kingston, Barristers)

Re:

Applications based on Article 263 TFEU seeking annulment of Commission Decision (EU) 2017/502 of 21 October 2015 on State aid SA.38374 (2014/C ex 2014/NN) implemented by the Netherlands to Starbucks (OJ 2017 L 83, p. 38).

Operative part of the judgment

The Court:






1.



Joins Cases T-760/15 and T-636/16 for the purposes of the judgment;











2.



Annuls Commission Decision (EU) 2017/502 of 21 October 2015 on State aid SA.38374 (2014/C ex 2014/NN) implemented by the Netherlands to Starbucks;











3.



Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of the Netherlands, Starbucks Corp. and Starbucks Manufacturing Emea BV;











4.



Orders Ireland to bear its own costs.







(1)  OJ C 59, 15.2.2016.
Council Decision (EU) 2019/1609 of 24 September 2019 appointing a member, proposed by the Hellenic Republic, of the Committee of the Regions
Date: 2019-09-24
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Greece, appointment of members








L_2019250EN.01008001.xml










30.9.2019   


EN


Official Journal of the European Union


L 250/80








            COUNCIL DECISION (EU) 2019/1609
of 24 September 2019
         
appointing a member, proposed by the Hellenic Republic, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Greek Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat has become vacant following the end of the term of office of Mr Georgios KAMINIS,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Dimitrios BIRMPAS, Electorate Mandate Municipality of Egaleo.






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




Done at Brussels, 24 September 2019.


For the Council


The President

K. KULMUNI
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case T-500/17: Judgment of the General Court of 24 September 2019 — Hubei Xinyegang Special Tube v Commission (Dumping — Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China — Definitive anti-dumping duty — Injury — Price undercutting — Causal link)
Date: 2019-09-24
Institutions: General Court
Subjects: China, anti-dumping duty, import (EU), iron, originating product, piping, reduced price, steel, tube








C_2019423EN.01003201.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/32






Judgment of the General Court of 24 September 2019 — Hubei Xinyegang Special Tube v Commission
(Case T-500/17) (1)

(Dumping - Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China - Definitive anti-dumping duty - Injury - Price undercutting - Causal link)
(2019/C 423/39)
Language of the case: English

Parties


Applicant: Hubei Xinyegang Special Tube Co. Ltd (Huangshi, China) (represented by: E. Vermulst and J. Cornelis, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and N. Kuplewatzky, acting as Agents)

Interveners in support of the defendant: ArcelorMittal Tubular Products Roman SA (Roman, Romania), Válcovny trub Chomutov a.s. (Chomutov, Czech Republic), Vallourec Deutschland GmbH (Düsseldorf, Germany) (represented by: G. Berrisch, lawyer, and B. Byrne, Solicitor)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the People’s Republic of China (OJ 2017 L 121, p. 3), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.



Annuls Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the People’s Republic of China in so far as it concerns the products produced by Hubei Xinyegang Special Tube Co. Ltd;











2.



Orders the European Commission to bear its own costs and to pay those incurred by Hubei Xinyegang Special Tube;











3.



Orders ArcelorMittal Tubular Products Roman SA, Válcovny trub Chomutov a.s. and Vallourec Deutschland GmbH to bear their own costs.







(1)  OJ C 318, 25.9.2017.
Case T-300/18: Judgment of the General Court of 24 September 2019 –Yanukovych v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2019-09-24
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence








C_2019423EN.01003601.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/36






Judgment of the General Court of 24 September 2019 –Yanukovych v Council
(Case T-300/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2019/C 423/44)
Language of the case: English

Parties


Applicant: Viktor Feodorovych Yanukovych (Rostov on Don, Russia) (represented by: T. Beazley QC, E. Dean and J. Marjason-Stamp, Barristers)

Defendant: Council of the European Union (represented by: P. Mahnič and J. P. Hix, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.



Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Viktor Feodorovych Yanukovych’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;











2.



Orders the Council of the European Union to pay the costs.







(1)  OJ C 231, 2.7.2018.