do-me/EUR-LEX huggingface dataset:
Case T-497/18: Judgment of the General Court of 24 September 2019 — IAK — Forum International v EUIPO — Schwalb (IAK) (EU trade mark — Invalidity proceedings — EU figurative mark IAK — Earlier national word mark IAK — Institut für angewandte Kreativität — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, cultural event, office supplies, paper, paperboard, registered trade mark, software, sporting event, trade-mark law








C_2019423EN.01004101.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/41






Judgment of the General Court of 24 September 2019 — IAK — Forum International v EUIPO — Schwalb (IAK)
(Case T-497/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark IAK - Earlier national word mark IAK - Institut für angewandte Kreativität - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark)
(2019/C 423/51)
Language of the case: German

Parties


Applicant: IAK GmbH — Forum International (Kirchzarten, Germany) (represented by: G. Wilke, 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: Ulrich Schwalb (Cologne, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 June 2018 (Case R 1511/2017-4), relating to invalidity proceedings between Mr Schwalb and IAK — Forum International.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders IAK GmbH — Forum International to pay the costs.







(1)  OJ C 352, 1.10.2018.
Council Decision (EU) 2019/1611 of 24 September 2019 appointing an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions
Date: 2019-09-24
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2019250EN.01008201.xml










30.9.2019   


EN


Official Journal of the European Union


L 250/82








            COUNCIL DECISION (EU) 2019/1611
of 24 September 2019
         
appointing an alternate member, proposed by the Federal Republic of Germany, 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 German 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)


An alternate member's seat on the Committee of the Regions has become vacant following the end of mandate on the basis of which Mr Heinz-Joachim HÖFER (Bürgermeister der Stadt Altenkirchen) was proposed,





HAS ADOPTED THIS DECISION:



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






—


Mr Heinz-Joachim HÖFER, Mitglied des Stadtrates der Kreisstadt Altenkirchen (Westerwald) (change of mandate).






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-780/17: Judgment of the General Court of 24 September 2019 — US v ECB (Civil service — ECB staff — Appraisal report for 2016 — Annual salary and bonus review — Refusal to convert a fixed-term employment contract into 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, remuneration of work, servant (EU), staff assessment, temporary employment, work contract








C_2019413EN.01004402.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/44






Judgment of the General Court of 24 September 2019 — US v ECB
(Case T-780/17) (1)

(Civil service - ECB staff - Appraisal report for 2016 - Annual salary and bonus review - Refusal to convert a fixed-term employment contract into a contract for an indefinite period - Obligation to state reasons - Manifest error of assessment)
(2019/C 413/52)
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, acting as Agents, and B. Wagenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the applicant’s appraisal report for 2016 and the decision regarding the annual salary and bonus review for 2016 and, secondly, compensation for the harm allegedly suffered by the applicant as a result of those measures.

Operative part of the judgment

The Court:






1.



Dismisses the action.











2.



Orders US to pay the costs.







(1)  OJ C 52, 12.2.2018.
Case T-641/19: Action brought on 24 September 2019 — FD v Joint Undertaking Fusion for Energy
Date: 2019-09-24
Institutions: General Court
Subjects: damages, dismissal, equal treatment, harassment at work, indemnification, job cuts, psychological harassment, servant (EU), staff regulations (EU), work contract








C_2019383EN.01007401.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/74






Action brought on 24 September 2019 — FD v Joint Undertaking Fusion for Energy
(Case T-641/19)
(2019/C 383/82)
Language of the case: French

Parties


Applicant: FD (represented by M. Casado García-Hirschfeld, lawyer)

Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (Joint Undertaking Fusion for Energy)

Form of order sought

The applicant claims that the General Court should:






—


declare the present application admissible and well founded;




and accordingly:






—


annul the decision of 3 December 2018 which was confirmed by the rejection decision of 14 June 2019;










—


order the payment of compensation in respect of the material damage suffered, which amounts to EUR 75 500, together with compensation in respect of the non-material damage, estimated in the amount of EUR 30 000;










—


order the defendant to bear the entirety of the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging error of assessment, misuse of powers and acts of harassment committed against him. The applicant criticises, inter alia, the justification for the non-renewal of his contact, which was based on the elimination of his post following the reorganisation of the department. According to the applicant, that statement of reasons is vitiated by an error in so far as the reorganisation plans did not make provision for the elimination of a post corresponding to the characteristics of that occupied by the applicant. Moreover, he takes the view that he was the victim of psychological harassment and that the consequences of that harassment served to substantiate the decision not to renew his contract.










2.


Second plea in law, alleging infringement of the principle of sound administration, the duty of care and Article 8 of the Conditions of Employment of Other Servants of the European Union. In that connection, the applicant submits, inter alia, that, in the contested decision, the defendant failed to take account of his competencies, efficiency, conduct in the service, family situation and seniority.










3.


Third plea in law, alleging infringement of the principle of equal treatment and non-discrimination. The applicant claims that the decision not to renew his contract was based on budgetary and organisational reasons. However, it was possible for the contracts of other members of staff, whose factual and legal situations presented no essential difference with those of the applicant, to be renewed despite that context.
Case T-633/19: Action brought on 24 September 2019 – Essential Export v EUIPO – Shenzhen Liouyi International Trading (TOTU)
Date: 2019-09-24
Institutions: General Court
Subjects: EU trade mark, personal effects, registered trade mark, sports equipment, textile product, trade-mark law








C_2019383EN.01007101.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/71






Action brought on 24 September 2019 – Essential Export v EUIPO – Shenzhen Liouyi International Trading (TOTU)
(Case T-633/19)
(2019/C 383/79)
Language of the case: English

Parties


Applicant: Essential Export SA (San José, Costa Rica) (represented by: A. Tarí Lázaro, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Shenzhen Liouyi International Trading Co. Ltd (Shenzhen, China)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark TOTU in red and black – Application for registration No 16 736 712

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 July 2019 in Case R 362/2019-2

Form of order sought

The applicant claims that the Court should:






—


reverse the contested decision;










—


award the applicant’s costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Council Decision (EU) 2019/1612 of 24 September 2019 appointing an alternate member, proposed by the Kingdom of Denmark, of the Committee of the Regions
Date: 2019-09-24
Institutions: Council of the European Union
Subjects: Denmark, European Committee of the Regions, appointment of members








L_2019250EN.01008301.xml










30.9.2019   


EN


Official Journal of the European Union


L 250/83








            COUNCIL DECISION (EU) 2019/1612
of 24 September 2019
         
appointing an alternate member, proposed by the Kingdom of Denmark, 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 Danish 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. On 4 June 2018, by Council Decision (EU) 2018/839 (4), Mr Henrik BRADE JOHANSEN was replaced by Ms Karen MELCHIOR as an alternate member.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Karen MELCHIOR,





HAS ADOPTED THIS DECISION:



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






—


Ms EVA BORCHORST MEJNERTZ, Councillor, Municipality of Aarhus.






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).

(4)  Council Decision (EU) 2018/839 of 4 June 2018 appointing two members and six alternate members, proposed by the Kingdom of Denmark, of the Committee of the Regions (OJ L 141, 7.6.2018, p. 7).