do-me/EUR-LEX huggingface dataset:
Case T-605/17: Order of the General Court of 24 September 2019 — CX v Commission (Civil Service — Officials — Remuneration — Decision of the Commission to recover salaries paid to the applicant — Debit note ordering recovery of the sums at issue — Replacement of the contested measures in the course of the proceedings — Abandonment of any measure seeking the recovery of the sums at issue — Action which has become devoid of purpose — No need to adjudicate)
Date: 2019-09-24
Institutions: General Court
Subjects: European official, claim, pay








C_2019423EN.01005101.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/51






Order of the General Court of 24 September 2019 — CX v Commission
(Case T-605/17) (1)

(Civil Service - Officials - Remuneration - Decision of the Commission to recover salaries paid to the applicant - Debit note ordering recovery of the sums at issue - Replacement of the contested measures in the course of the proceedings - Abandonment of any measure seeking the recovery of the sums at issue - Action which has become devoid of purpose - No need to adjudicate)
(2019/C 423/64)
Language of the case: French

Parties


Applicant: CX (represented by: É. Boigelot, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and D. Milanowska, acting as Agents

Re:

Application under Article 270 TFEU seeking annulment of the measures seeking recovery of the salaries paid for the months of November 2013 to October 2016.

Operative part of the order







1.



There is no longer any need to adjudicate on the action.











2.



Each party shall bear their own costs.







(1)  OJ C 374, 6.11.2017.
Case T-636/19: Action brought on 24 September 2019 – Chemours Netherlands v ECHA
Date: 2019-09-24
Institutions: General Court
Subjects: abuse of power, chemical compound, dangerous substance, environmental protection, health risk, market approval, principle of proportionality








C_2019399EN.01008001.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/80






Action brought on 24 September 2019 – Chemours Netherlands v ECHA
(Case T-636/19)
(2019/C 399/98)
Language of the case: English

Parties


Applicant: Chemours Netherlands BV (Dordrecht, Netherlands) (represented by: R. Cana, E. Mullier and F. Mattioli, lawyers)

Defendant: European Chemicals Agency (ECHA)

Form of order sought

The applicant claims that the Court should:






—


declare the application admissible and well-founded;










—


annul the contested decision in so far as it includes 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides (covering any of their individual isomers and combinations thereof) in the candidate list of substances of very high concern as a substance of equivalent concern for human health and/or in so far as it includes 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides (covering any of their individual isomers and combinations thereof) in the candidate list as a substance of equivalent concern for the environment;










—


order the defendant to pay the costs of these proceedings; and










—


take such other or further measure as justice may require.





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 that the Agency breached Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1) and exceeded its competence under this provision, and manifestly erred in its assessment.










2.


Second plea in law, alleging that the contested decision breaches the principle of proportionality since it is not necessary or appropriate.






(1)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Case T-287/19: Order of the General Court of 24 September 2019 — BigBen Interactive v EUIPO — natcon7 (nacon)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, computer equipment, electronic game, registered trade mark, trade-mark law








C_2019413EN.01006602.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/66






Order of the General Court of 24 September 2019 — BigBen Interactive v EUIPO — natcon7 (nacon)
(Case T-287/19) (1)

(2019/C 413/79)
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 220, 1.7.2019.
Case T-491/17: Order of the General Court of 24 September 2019 –Opere Pie d’Onigo v Commission (Action for annulment — State aid — Aid scheme established by Italy for certain providers of socio-sanitary services — Costs associated with staff absences in respect of maternity and care provided to dependent family members — Contributions paid by the State to private undertakings — Decision not to raise any objections — No placement in an unfavourable competitive position — Lack of direct concern — Inadmissibility)
Date: 2019-09-24
Institutions: General Court
Subjects: Italy, State aid, care allowance, control of State aid, maternity benefit, organisation of health care, private sector, provision of services, public sector, social services








C_2019423EN.01005001.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/50






Order of the General Court of 24 September 2019 –Opere Pie d’Onigo v Commission
(Case T-491/17) (1)

(Action for annulment - State aid - Aid scheme established by Italy for certain providers of socio-sanitary services - Costs associated with staff absences in respect of maternity and care provided to dependent family members - Contributions paid by the State to private undertakings - Decision not to raise any objections - No placement in an unfavourable competitive position - Lack of direct concern - Inadmissibility)
(2019/C 423/63)
Language of the case: Italian

Parties


Applicant: Istituzione pubblica di assistenza e beneficenza ‘Opere Pie d’Onigo’ (Pederobba, Italy) (represented by: G. Maso, lawyer)

Defendant: European Commission (represented by: L. Armati and D. Recchia, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of the Commission’s decision of 27 March 2017 not to raise objections to the aid scheme established by Italy for certain private providers of socio-sanitary services (State aid SA.38825 (2016/NN)) (OJ 2017 C 219, p. 1).

Operative part of the order







1.



The action is dismissed as inadmissible.











2.



There is no longer any need to rule on the applications for leave to intervene submitted by Ipab di Vicenza, Ipab Casa Gino e Pierina Marani, Ipab Centro Residenziale per Anziani di Cittadella, Azienda Pubblica dei Servizi alla Persona ‘Grimani Buttari — residenze per Anziani in Osimo’ and the Italian Republic.











3.



Istituzione pubblica di assistenza e beneficenza ‘Opere Pie d’Onigo’ shall pay the costs.











4.



Ipab di Vicenza, Ipab Casa Gino e Pierina Marani, Ipab Centro Residenziale per Anziani di Cittadella, Azienda Pubblica dei Servizi alla Persona ‘Grimani Buttari — residenze per Anziani in Osimo’ and the Italian Republic shall each to bear their own costs relating to the applications for leave to intervene.







(1)  OJ C 330, 2.10.2017.
Case C-715/19 P: Appeal brought on 24 September 2019 by Ramón Guiral Broto against the judgment of the General Court (Fourth Chamber) delivered on 12 July 2019 in Case T-774/17 Café del Mar and Others v EUIPO — Guiral Broto (C del M)
Date: 2019-09-24
Institutions: Court of Justice
Subjects: EU trade mark, cosmetic product, leather, petroleum product, polishing and scouring preparations, registered trade mark, trade-mark law








C_2020045EN.01001402.xml










10.2.2020   


EN


Official Journal of the European Union


C 45/14






Appeal brought on 24 September 2019 by Ramón Guiral Broto against the judgment of the General Court (Fourth Chamber) delivered on 12 July 2019 in Case T-774/17 Café del Mar and Others v EUIPO — Guiral Broto (C del M)
(Case C-715/19 P)
(2020/C 45/12)
Language of the case: Spanish

Parties


Appellant: Ramón Guiral Broto (represented by: A. Sirimarco, abogado)

Other parties to the proceedings: Café del Mar, SC, José Les Viamonte, Carlos Andrea González and European Union Intellectual Property Office
By order of 12 December 2019, the Court of Justice (Chamber determining whether appeals may proceed) ruled that the appeal should not be allowed to proceed and ordered Ramón Guiral Broto to bear his own costs.
Case T-261/18: Judgment of the General Court of 24 September 2019 — Roxtec v EUIPO — Wallmax (Representation of a black square containing seven concentric blue circles) (EU trade mark — Invalidity proceedings — EU figurative trade mark depicting a black square containing seven concentric blue circles — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii), of Regulation (EU) 2017/1001)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, electric cable, piping, plastics, registered trade mark, synthetic rubber, trade-mark law








C_2019423EN.01003501.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/35






Judgment of the General Court of 24 September 2019 — Roxtec v EUIPO — Wallmax (Representation of a black square containing seven concentric blue circles)
(Case T-261/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative trade mark depicting a black square containing seven concentric blue circles - Absolute ground for refusal - Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii), of Regulation (EU) 2017/1001)
(2019/C 423/43)
Language of the case: English

Parties


Applicant: Roxtec AB (Karlskrona, Sweden) (represented by: J. Olsson and J. Adamsson, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Wallmax Srl (Milan, Italy) (represented by: F. Ferrari and L. Goglia, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 January 2018 (Case R 940/2017-2), relating to invalidity proceedings between Wallmax and Roxtec.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Roxtec AB to pay its own costs along with those incurred by the European Union Intellectual Property Office (EUIPO);











3.



Orders Wallmax Srl to pay its own costs.







(1)  OJ C 231, 2.7.2018.
Winding-up proceedings — Decision to start insolvency proceedings in respect of Olympic Insurance Company Ltd (Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
Date: 2019-09-24
Institutions: European Commission
Subjects: Cyprus, insurance company, judicial proceedings, liquidation








C_2019320EN.01000201.xml










24.9.2019   


EN


Official Journal of the European Union


C 320/2






Winding-up proceedings
Decision to start insolvency proceedings in respect of Olympic Insurance Company Ltd

(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

(2019/C 320/02)






Insurance undertaking


Olympic Insurance Company Ltd
Registration number: HE 71103
Address of registered office:





26, Stasandrou Street




SEK Building




1060 Nicosia




CYPRUS








Date, entry into force and nature of decision


On 30.7.2019, with regards to the petition made by the Superintendent of Insurance of the Republic of Cyprus, dated 10.8.2018, the District Court of Nicosia issued an order for the compulsory winding-up and liquidation of Olympic Insurance Company Ltd
In accordance with the Cyprus law, when a winding-up order is issued in respect of a company, the winding-up of the company by the Court commences and the winding-up is deemed to have commenced on the date of the submission of the winding-up petition, i.e. on 10.8.2018.
The Court appointed the Official Receiver and Mr Pavlos Nacouzi jointly as liquidators of the property of the company.
The decision to commence winding-up proceedings takes effect immediately both in the Republic of Cyprus and in the entire European Union without further formality.




Competent authorities


The competent authority for the purpose of the winding-up is the Official Receiver as defined in Companies’ Law.
Address of the competent authority:





Corner of Yerasimos Markoras and 19, Michalakopoulou Street




1075 Nicosia




CYPRUS








Supervisory authority


The supervisory authority is the Superintendent of Insurance of the Republic of Cyprus.
Address:





Insurance Companies Control Service




Ministry of Finance




1439 Nicosia




CYPRUS








Administrator appointed


The Official Receiver and Pavlos Nacouzi jointly
Address:





The Official Receiver




Corner of Yerasimos Markoras and




19, Michalakopoulou Street




1075 Nicosia




CYPRUS









Pavlos Nacouzi




2, Romanou Street,




Tlais Tower




1st floor




1070 Nicosia




CYPRUS








Applicable law


The applicable law governing the winding-up is the law that applies in the Republic of Cyprus.
Case T-749/17: Order of the General Court of 24 September 2019 — TrekStor v EUIPO — Beats Electronics (i.Beat jess) (EU trade mark — Revocation proceedings — Withdrawal of the application for revocation — No need to adjudicate — Article 137 of the Rules of Procedure of the General Court — Avoidable costs — Article 139(a) of the Rules of Procedure of the General Court)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, registered trade mark, trade-mark law








C_2019413EN.01005501.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/55






Order of the General Court of 24 September 2019 — TrekStor v EUIPO — Beats Electronics (i.Beat jess)
(Case T-749/17) (1)

(EU trade mark - Revocation proceedings - Withdrawal of the application for revocation - No need to adjudicate - Article 137 of the Rules of Procedure of the General Court - Avoidable costs - Article 139(a) of the Rules of Procedure of the General Court)
(2019/C 413/66)
Language of the case: English

Parties


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

Defendant: European Union Intellectual Property Office (represented initially by E. Markakis and D. Walicka, and subsequently by E. Markakis, A. Söder and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Beats Electronics LLC (Culver City, California, United States) (represented by: by M. Petersenn, lawyer, and I. Fowler, Solicitor)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 September 2017 (Case R 2236/2016-4), relating to revocation proceedings between Beats Electronics and TrekStor.

Operative part of the order







1.



There is no longer any need to adjudicate on the action and the cross-claim.











2.



TrekStor Ltd and Beats Electronics LLC shall bear their own respective costs and each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).











3.



TrekStor and Beats Electronics shall each pay to the Court the sum of EUR 2 500 under Article 139(a) of its Rules of Procedure.







(1)  OJ C 22, 22.1.2018.
Non-opposition to a notified concentration (Case M.9420 — Crédit Agricole/Banco Santander/Santander Securities Services) (Text with EEA relevance) 2019/C 332/01
Date: 2019-09-24
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, investment company, merger control








C_2019332EN.01000101.xml










3.10.2019   


EN


Official Journal of the European Union


C 332/1






Non-opposition to a notified concentration
(Case M.9420 — Crédit Agricole/Banco Santander/Santander Securities Services)
(Text with EEA relevance)
(2019/C 332/01)
On 24 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 32019M9420. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-404/18: Judgment of the General Court of 24 September 2019 — Zhadanov v EUIPO (PDF Expert) (EU trade mark — Application for the EU word mark PDF Expert — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EU) 2017/1001)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, electronic document, registered trade mark, software, trade-mark law, word processing








C_2019423EN.01003802.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/38






Judgment of the General Court of 24 September 2019 — Zhadanov v EUIPO (PDF Expert)
(Case T-404/18) (1)

(EU trade mark - Application for the EU word mark PDF Expert - Absolute ground for refusal - No distinctive character acquired through use - Article 7(3) of Regulation (EU) 2017/1001)
(2019/C 423/47)
Language of the case: English

Parties


Applicant: Igor Zhadanov (Odessa, Ukraine) (represented by: P. Olson, lawyer)

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

Re:

Action against the decision of the Second Board of Appeal of EUIPO of 18 April 2018 (Case R 1813/2017-2), relating to an application for registration of the sign PDF Expert as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Igor Zhadanov to pay the costs.







(1)  OJ C 294, 20.8.2018.
Case T-255/18: Judgment of the General Court of 24 September 2019 — US v ECB (Civil service — ECB staff — Fixed-term contract — Contract for an indefinite period — Refusal to reclassify a fixed term contract as a contract for an indefinite period — Obligation to state reasons — Manifest error of assessment)
Date: 2019-09-24
Institutions: General Court
Subjects: damages, full-time employment, servant (EU), temporary employment, work contract








C_2019413EN.01004801.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/48






Judgment of the General Court of 24 September 2019 — US v ECB
(Case T-255/18) (1)

(Civil service - ECB staff - Fixed-term contract - Contract for an indefinite period - Refusal to reclassify a fixed term contract as a contract for an indefinite period - Obligation to state reasons - Manifest error of assessment)
(2019/C 413/57)
Language of the case: French

Parties


Applicant: US (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Central Bank (represented by: F. von Lindeiner and M. Rötting, Agents, and B. Wägenbaur, lawyer)

Re:

Application based on Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union and seeking, first, annulment of the ECB’s decision not to reclassify the applicant’s contract as a contract for an indefinite period and, secondly, compensation in respect of the harm which the applicant allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders US to pay the costs.







(1)  OJ C 231, 2.7.2018.
Case C-713/19 P: Appeal brought on 24 September 2019 by Ramón Guiral Broto against the judgment of the General Court (Fourth Chamber) delivered on 12 July 2019 in Case T-772/17 Café del Mar and Others v EUIPO — Guiral Broto (C del M)
Date: 2019-09-24
Institutions: Court of Justice
Subjects: EU trade mark, advertising, broadcasting, culture, education, leisure, registered trade mark, telecommunications, trade-mark law








C_2020045EN.01001302.xml










10.2.2020   


EN


Official Journal of the European Union


C 45/13






Appeal brought on 24 September 2019 by Ramón Guiral Broto against the judgment of the General Court (Fourth Chamber) delivered on 12 July 2019 in Case T-772/17 Café del Mar and Others v EUIPO — Guiral Broto (C del M)
(Case C-713/19 P)
(2020/C 45/10)
Language of the case: Spanish

Parties


Appellant: Ramón Guiral Broto (represented by: A. Sirimarco, abogado)

Other parties to the proceedings: Café del Mar, SC, José Les Viamonte, Carlos Andrea González and European Union Intellectual Property Office
By order of 12 December 2019, the Court of Justice (Chamber determining whether appeals may proceed) ruled that the appeal should not be allowed to proceed and ordered Ramón Guiral Broto to bear his own costs.
Case T-356/18: Judgment of the General Court of 24 September 2019 — Volvo Trademark v EUIPO — Paalupaikka (V V-WHEELS) (EU trade mark — Opposition proceedings — Application for the EU figurative mark V V-WHEELS — Earlier EU, national and unregistered figurative marks VOLVO — Relative ground for refusal — Similarity of the signs — Article 8(5) of Regulation (EU) 2017/1001)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, vehicle parts








C_2019413EN.01004901.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/49






Judgment of the General Court of 24 September 2019 — Volvo Trademark v EUIPO — Paalupaikka (V V-WHEELS)
(Case T-356/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark V V-WHEELS - Earlier EU, national and unregistered figurative marks VOLVO - Relative ground for refusal - Similarity of the signs - Article 8(5) of Regulation (EU) 2017/1001)
(2019/C 413/58)
Language of the case: English

Parties


Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: T. Dolde, lawyer, and M. Hawkins, Solicitor)

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: Paalupaikka Oy (Iisalmi, Finland)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 March 2018 (Case R 1852/2017-4), relating to opposition proceedings between Volvo Trademark Holding and Paalupaikka.

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 March 2018 (Case R 1852/2017-4);











2.



Orders EUIPO to pay the costs, including the costs necessarily incurred by Volvo Trademark Holding AB for the purposes of the proceedings before the Board of Appeal of EUIPO.







(1)  OJ C 268, 30.7.2018.