do-me/EUR-LEX huggingface dataset:
Case T-677/19: Action brought on 2 October 2019 – Polfarmex v EUIPO – Kaminski (SYRENA)
Date: 2019-10-02
Institutions: General Court
Subjects: EU trade mark, motor car, registered trade mark, trade-mark law








C_2019399EN.01009801.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/98






Action brought on 2 October 2019 – Polfarmex v EUIPO – Kaminski (SYRENA)
(Case T-677/19)
(2019/C 399/116)
Language of the case: English

Parties


Applicant: Polfarmex S.A. (Kutno, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Arkadiusz Kaminski (Etobicoke, Ontario, Canada)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union word mark SYRENA – European Union trade mark No 9 262 767

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 11 July 2019 in Joined Cases R 1861/2018-2 and R 1840/2018-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in the part declaring the trade mark at issue to remain in force for “cars” in class 12;




and






—


alter the contested decision by declaring the trade mark at issue revoked in its entirety, including the goods“cars” in class 12 due to lack of genuine use;




alternatively,






—


remit the case to the EUIPO;










—


order the EUIPO to pay the costs of the proceedings.





Pleas in law







—


Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with paragraph 42 of the preamble of that Regulation and Article 55(1) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Articles 18(1), 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Articles 94(1), 95(1) and paragraph 42 of the preamble of that Regulation and Article 55(1) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Articles 58(2) and 64(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Articles 94(1), 64(1) and paragraph 42 of the preamble of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1333, as amended by Council Decision (CFSP) 2019/1663, concerning restrictive measures in view of the situation in Libya2019/C 331/03
Date: 2019-10-02
Institutions: Council of the European Union
Subjects: EU restrictive measure, Libya, economic sanctions, international sanctions, natural person








C_2019331EN.01000301.xml










2.10.2019   


EN


Official Journal of the European Union


C 331/3






Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1333, as amended by Council Decision (CFSP) 2019/1663, concerning restrictive measures in view of the situation in Libya
(2019/C 331/03)
The following information is brought to the attention of the persons referred to in Article 17(3) and (4) of Council Decision (CFSP) 2015/1333 (1) as amended by Council Decision (CFSP) 2019/1663 (2), and designated in Annexes II and IV to Decision (CFSP) 2015/1333 and in Annex III to Council Regulation (EU) 2016/44 (3) concerning restrictive measures in view of the situation in Libya.
The Council of the European Union, after having reviewed the designation of those persons, has determined that the restrictive measures provided for in Council Decision 2011/137/CFSP (4) and in Council Regulation (EU) No 204/2011 (5) should continue to apply to those persons.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) 2016/44, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 8 of the Regulation).
The persons concerned may submit a request to the Council to be provided with the additional evidence on which the Council relied. They may also submit to the Council a request before 15 January 2020, together with supporting documentation, that the decision to maintain them on the above-mentioned list be reconsidered. Any such request should be sent to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 17 of Decision (CFSP) 2015/1333.
The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 206, 1.8.2015, p. 34.

(2)  OJ L 252, 2.10.2019, p.36.

(3)  OJ L 12, 19.1.2016, p. 1.

(4)  OJ L 58, 3.3.2011, p. 53.

(5)  OJ L 58, 3.3.2011, p. 1.
Case T-669/19: Action brought on 2 October 2019 – Novomatic v EUIPO – Brouwerij Haacht (PRIMUS)
Date: 2019-10-02
Institutions: General Court
Subjects: EU trade mark, automatic game, registered trade mark, trade-mark law








C_2019399EN.01009401.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/94






Action brought on 2 October 2019 – Novomatic v EUIPO – Brouwerij Haacht (PRIMUS)
(Case T-669/19)
(2019/C 399/113)
Language of the case: English

Parties


Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Brouwerij Haacht NV (Boortmeerbeek, Belgium)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark PRIMUS – Application for registration No 14 712 723

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 July 2019 in Case R 2528/2018-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and, in case it intervenes in writing, the other party to the proceedings before EUIPO to bear its own costs and to compensate the costs incurred by the Plaintiff in the proceeding in front of the General Court and in the appellate proceedings before EUIPO.





Pleas in law







—


Infringement of essential procedural requirements, namely the requirement of evidence in terms of legal certainty;










—


Infringement of the principle of legitimate expectations;










—


Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(2)(b) of Delegated Regulation (EU) 2018/625 of the Commission.
Case C-369/18: Order of the President of the Court of 2 October 2019 (request for a preliminary ruling from the Justice de paix du troisième canton de Charleroi — Belgium) — Giovanni Martina v Ryanair DAC, formerly Ryanair Ltd
Date: 2019-10-02
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, traveller








C_2020068EN.01003802.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/38






Order of the President of the Court of 2 October 2019 (request for a preliminary ruling from the Justice de paix du troisième canton de Charleroi — Belgium) — Giovanni Martina v Ryanair DAC, formerly Ryanair Ltd
(Case C-369/18) (1)

(2020/C 68/42)
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 285, 13.8.2018.