do-me/EUR-LEX huggingface dataset:
Case T-637/19: Action brought on 25 September 2019 – Sun Stars & Sons v EUIPO – Carpathian Springs (Shape of a bottle)
Date: 2019-09-25
Institutions: General Court
Subjects: EU trade mark, advertising, delivery, distributor, non-alcoholic beverage, packaging, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2019399EN.01008101.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/81






Action brought on 25 September 2019 – Sun Stars & Sons v EUIPO – Carpathian Springs (Shape of a bottle)
(Case T-637/19)
(2019/C 399/99)
Language of the case: English

Parties


Applicant: Sun Stars & Sons Pte Ltd (Singapore, Singapore) (represented by: M. Maček, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Carpathian Springs SA (Vatra Dornei, Romania)

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 tridimensional mark (Shape of a bottle) – Application for registration No 14 979 959

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 August 2019 in Case R 317/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to bear its own costs and to pay those incurred to Sun Stars & Sons Pte Ltd.





Pleas in law







—


Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 296 of the Treaty on the Functioning of the European Union;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-711/19: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 25 September 2019 — Admiral Sportwetten GmbH and Others
Date: 2019-09-25
Institutions: Court of Justice
Subjects: access to information, game of chance, marketing standard, provision of services, tax law, technical specification, technical standard








C_2019406EN.01001801.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/18






Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 25 September 2019 — Admiral Sportwetten GmbH and Others
(Case C-711/19)
(2019/C 406/25)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Admiral Sportwetten GmbH, Novomatic AG, AKO Gastronomiebetriebs GmbH

Defendant: Magistrat der Stadt Wien

Questions referred







1.


Is Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (1) to be interpreted as meaning that the provisions of the Vienna Betting Terminal Duty Law which provide for taxation of the operation of betting terminals are to be assessed as ‘technical regulations’ within the meaning of that provision?










2.


Does the failure to notify the provisions of the Vienna Betting Terminal Duty Law within the meaning of Directive (EU) 2015/1535 mean that a duty such as the betting terminal duty may not be levied?






(1)  OJ 2015, L 241, p. 1.
Case C-708/19: Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 25 September 2019 — Von Aschenbach & Voss GmbH v Hauptzollamt Duisburg
Date: 2019-09-25
Institutions: Court of Justice
Subjects: China, aluminium, anti-dumping duty, exemption from customs duties, import (EU), originating product, thin sheet








C_2019413EN.01002801.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/28






Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 25 September 2019 — Von Aschenbach & Voss GmbH v Hauptzollamt Duisburg
(Case C-708/19)
(2019/C 413/34)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Von Aschenbach & Voss GmbH

Defendant: Hauptzollamt Duisburg

Questions referred







1.


Is Article 1(1) of Commission Implementing Regulation (EU) 2017/271 of 16 February 2017 extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People’s Republic of China to imports of slightly modified certain aluminium foil (1) invalid because it infringes Article 13(1) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union, (2) in that it extended to aluminium converter foil the definitive anti-dumping duty imposed in respect of aluminium household foil pursuant to Commission Implementing Regulation (EU) 2015/2384 of 17 December 2015 imposing a definitive anti-dumping duty on imports of certain aluminium foils originating in the People’s Republic of China and terminating the proceeding for imports of certain aluminium foils originating in Brazil following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (3) and provides for exemption for aluminium converter foil from anti-dumping duty only under the conditions of Article 1(4) of Implementing Regulation 2017/271?










2.


Is Article 1(1) of Implementing Regulation 2017/271 invalid because the Commission made a manifest error of assessment when adopting that regulation as adequate reasons are not stated for its assumption that 80 % of the products under investigation were slightly modified products?










3.


Is Article 1(1) of Implementing Regulation 2017/271 invalid because the Commission made a manifest error of assessment when adopting that regulation as it did not check the end use of the imported aluminium foil in the European Union?






(1)  OJ 2017 L 40, p. 51.

(2)  OJ 2016 L 176, p. 21.

(3)  OJ 2015 L 332, p. 63.
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1309/2013 on the European Globalisation Adjustment Fund (2014-2020)’(COM(2019) 397 final — 2019/0180 (COD))
Date: 2019-09-25
Institutions: European Economic and Social Committee
Subjects: European Globalisation Adjustment Fund, United Kingdom, dismissal, employment aid, financial aid, general budget (EU), globalisation, reintegration into working life, withdrawal from the EU








C_2020014EN.01012901.xml










15.1.2020   


EN


Official Journal of the European Union


C 14/129






Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1309/2013 on the European Globalisation Adjustment Fund (2014-2020)’
(COM(2019) 397 final — 2019/0180 (COD))
(2020/C 14/19)






Consultation


European Parliament, 16.9.2019
Council, 13.9.2019




Legal basis


Article 175(3) and 304 of the Treaty on the Functioning of the European Union




Section responsible


Consultative Commission on Industrial Change




Adopted at plenary session


25 and 26 September 2019




Plenary session No


546




Outcome of vote
(for/against/abstentions)


112/0/3




Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 546th plenary session of 25 and 26 September (meeting of 25 September), by 112 votes to 0 with 3 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 25 September 2019.


The President


of the European Economic and Social Committee

Luca JAHIER
Case T-660/19: Action brought on 25 September 2019 — Universität Bremen v Commission and REA
Date: 2019-09-25
Institutions: General Court
Subjects: EU financing, Framework Programme for Research and Development, equal treatment








C_2019399EN.01009001.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/90






Action brought on 25 September 2019 — Universität Bremen v Commission and REA
(Case T-660/19)
(2019/C 399/109)
Language of the case: German

Parties


Applicant: Universität Bremen (Bremen, Germany) (represented by: Professor C. Schmid, Agent)

Defendants: European Commission and Research Executive Agency (REA)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of 16 July 2019 rejecting Proposal No 870693 (TenOpt), in the context of the Horizon 2020 Framework Programme, Call: H2020-SC6-GOVERNANCE-2019;










—


order the defendants to pay the costs.





Pleas in law and main arguments

In support of its action, the applicant claims that the decision at issue infringes its right, derived from the rule of law, to have its request for funding reviewed without any errors of assessment. In particular, the applicant submits that the evaluation was vitiated by the following:






—


distortion of the facts, that is to say that essential particulars of the request for funding were incorrectly reproduced in the evaluation;










—


failure to comply with generally applicable assessment criteria;










—


inequality of treatment, arbitrariness and irrelevant considerations.
Case C-710/19: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 25 September 2019 — G.M.A. v Belgian State
Date: 2019-09-25
Institutions: Court of Justice
Subjects: free movement of workers, job application, job vacancy, residence permit, right to justice








C_2019399EN.01003302.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/33






Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 25 September 2019 — G.M.A. v Belgian State
(Case C-710/19)
(2019/C 399/39)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: G.M.A.

Defendant: Belgian State

Questions referred







1.


Is Article 45 of the Treaty on the Functioning of the European Union to be interpreted and applied as meaning that the host Member State is required (1) to allow jobseekers a reasonable period of time to acquaint themselves with potentially suitable employment opportunities and take the necessary steps to obtain employment, (2) to accept that the time allowed for seeking employment cannot in any circumstances be less than six months, and (3) to permit a jobseeker to stay within its territory for the whole of that period, without requiring him to prove that he has a real chance of obtaining employment?










2.


Are Articles 15 and 31 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, (1) Articles 41 and 47 of the Charter of Fundamental Rights of the European Union, and the general principles of primacy of EU law and effectiveness of directives, to be interpreted and applied as meaning that the national courts of the host Member State are required, in the context of an action for annulment brought against a decision refusing to recognise a right of residence of more than three months of an EU citizen, to have regard to new facts and matters arising after the decision of the national authorities, where such facts and matters are capable of altering the situation of the person concerned in such a way that it is no longer permissible to restrict his right of residence in the host Member State?






(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).
Case T-639/19: Action brought on 25 September 2019 — Sánchez Romero Carvajal Jabugo v EUIPO — Embutidos Monells (5Ms MMMMM)
Date: 2019-09-25
Institutions: General Court
Subjects: EU trade mark, game meat, meat product, poultrymeat, preserved product, registered trade mark, trade-mark law








C_2019383EN.01007301.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/73






Action brought on 25 September 2019 — Sánchez Romero Carvajal Jabugo v EUIPO — Embutidos Monells (5Ms MMMMM)
(Case T-639/19)
(2019/C 383/81)
Language in which the application was lodged: Spanish

Parties


Applicant: Sánchez Romero Carvajal Jabugo, SAU (El Puerto de Santa María, Spain) (represented by: J.M. Iglesias Monravá, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Embutidos Monells, SA (San Miguel de Balenya, Spain)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for registration of European Union figurative mark ‘5Ms MMMMM’ — Application for registration No 16 338 998

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 July 2019 in Case R 1728/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


accordingly, refuse registration of European Union figurative mark No 16 338 998‘5Ms MMMMM’ in Class 29;










—


order any party opposing the present action to pay the costs.





Pleas in law

Infringement of Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Prior notification of a concentration (Case M.9460 — Capgemini/Altran) (Text with EEA relevance.)
Date: 2019-09-25
Institutions: European Commission
Subjects: economic concentration, information technology industry, merger control, provision of services, technology








C_2019321EN.01000201.xml










25.9.2019   


EN


Official Journal of the European Union


C 321/2






Prior notification of a concentration
(Case M.9460 — Capgemini/Altran)
(Text with EEA relevance)
(2019/C 321/02)

1.   
On 18 September 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Capgemini S.E. (‘Capgemini’, France),










—


Altran Technologies S.A. (‘Altran’, France).




Capgemini acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Altran. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Capgemini: provision of IT services and, to a lesser extent, engineering services,
—   for Altran: provision of engineering services and, to a lesser extent, IT services.


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.



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.9460 — Capgemini/Altran
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’).
Case T-451/18: Order of the General Court of 25 September 2019 — Triantafyllopoulos and Others v ECB (Action for damages — Harm allegedly caused to the applicants due to the absence of supervision of the Achaiki Cooperative Bank by the National Bank of Greece and the ECB — Limitation period — Article 46 of the Statute of the Court of Justice of the European Union — Causal link — Action in part manifestly inadmissible and in part manifestly unfounded in law)
Date: 2019-09-25
Institutions: General Court
Subjects: EU banking union, Greece, banking supervision, central bank, cooperative bank, damages, limitation of legal proceedings, protection of shareholders








C_2019423EN.01005201.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/52






Order of the General Court of 25 September 2019 — Triantafyllopoulos and Others v ECB
(Case T-451/18) (1)

(Action for damages - Harm allegedly caused to the applicants due to the absence of supervision of the Achaiki Cooperative Bank by the National Bank of Greece and the ECB - Limitation period - Article 46 of the Statute of the Court of Justice of the European Union - Causal link - Action in part manifestly inadmissible and in part manifestly unfounded in law)
(2019/C 423/66)
Language of the case: Greek

Parties


Applicants: Panagiotis Triantafyllopoulos (Patras, Greece) and the 487 other applicants whose names are set out in the annex to the order (represented by: N. Ioannou, lawyer)

Defendant: European Central Bank (represented by: C. Hernandez Saseta and M. Anastasiou, Agents)

Re:

Application under Article 268 TFEU seeking reparation for harm which was allegedly caused to the applicants due to the inadequate supervision by the ECB of Trapeza tis Ellados (National Bank of Greece) which, for its part, inadequately supervised Αchaiki Syneteristiki Τrapeza Syn. PE (the Achaiki Cooperative Bank, Greece), in which the applicants hold shares.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Panagiotis Triantafyllopoulos and the other applicants whose names are set out in the annex to the order to bear their own costs and to pay those incurred by the European Central Bank (ECB).







(1)  OJ C 373, 15.10.2018.
Case C-60/19 P: Order of the President of the Ninth Chamber of the Court of 25 September 2019 — Mouvement pour une Europe des nations et des libertés v European Parliament
Date: 2019-09-25
Institutions: Court of Justice
Subjects: European party, eligibility criteria, financial aid, financial year, party financing, public awareness campaign








C_2020068EN.01004001.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/40






Order of the President of the Ninth Chamber of the Court of 25 September 2019 — Mouvement pour une Europe des nations et des libertés v European Parliament
(Case C-60/19 P) (1)

(2020/C 68/46)
Language of the case: French
The President of the Ninth Chamber has ordered that the case be removed from the register.


(1)  OJ C 93, 11.3.2019.
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/501 and Regulation (EU) 2019/502 as regards their periods of application’(COM(2019) 396 final — 2019/0179 (COD))
Date: 2019-09-25
Institutions: European Economic and Social Committee
Subjects: United Kingdom, air transport, carriage of goods, international transport, road transport, transport regulations, withdrawal from the EU




C_2020014EN.01013101.xml










15.1.2020   


EN


Official Journal of the European Union


C 14/131






Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/501 and Regulation (EU) 2019/502 as regards their periods of application’
(COM(2019) 396 final — 2019/0179 (COD))
(2020/C 14/21)






Referral


European Council, 13.9.2019
European Parliament, 16.9.2019




Legal basis


Articles 91(1) and 100(2) of the Treaty on the Functioning of the European Union




Section responsible


Transport, Energy, Infrastructure and the Information Society




Adopted at plenary


25.9.2019




Plenary session No


546




Outcome of vote
(for/against/abstentions)


115/0/3




Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject of both regulations in its earlier opinions TEN/689 and TEN/690, adopted on 20 February 2019 (*1), it decided, at its 546th plenary session of 25 and 26 September 2019 (meeting of 25 September 2019), by 115 votes with 3 abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the above-mentioned documents.

Brussels, 25 September 2019.


The President


of the European Economic and Social Committee

Luca JAHIER




(*1)  EESC Opinion on Ensuring basic air connectivity after Brexit (OJ C 190, 5.6.2019, p. 42), and on Ensuring basic road freight connectivity after Brexit (OJ C 190, 5.6.2019, p. 48).
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters’(COM(2019) 398 final — 2019/0187(COD))
Date: 2019-09-25
Institutions: European Economic and Social Committee
Subjects: EU waters, United Kingdom, fishery management, fishing area, fishing industry, fishing permit, fishing rights, fishing vessel, ship's flag, withdrawal from the EU








C_2020014EN.01013001.xml










15.1.2020   


EN


Official Journal of the European Union


C 14/130






Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom waters and fishing operations of United Kingdom fishing vessels in Union waters’
(COM(2019) 398 final — 2019/0187(COD))
(2020/C 14/20)






Referral


European Parliament, 16.9.2019
Council of the European Union, 16.9.2019




Legal basis


Articles 43(2) and 304 of the Treaty on the Functioning of the European Union




Section responsible


Section for Agriculture, Rural Development and the Environment




Adopted at plenary session


25 and 26 September 2019




Plenary session No


546




Outcome of vote
(for/against/abstentions)


123/0/4




Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 546th plenary session of 25 and 26 September 2019 (meeting of 25 September), by 123 votes to none with 4 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 25 September 2019.


The President


of the European Economic and Social Committee

Luca JAHIER