do-me/EUR-LEX huggingface dataset:
Case T-536/18: Judgment of the General Court of 10 October 2019 — Société des produits Nestlé v EUIPO — European Food (FITNESS) (EU trade mark — Invalidity proceedings — EU word mark FITNESS — Absolute grounds for refusal — Decision taken following the annulment of an earlier decision by the General Court — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Production of evidence for the first time before the Board of Appeal)
Date: 2019-10-10
Institutions: General Court
Subjects: EU trade mark, cereal product, cereals, foodstuff, human nutrition, non-alcoholic beverage, registered trade mark, trade-mark law








C_2019423EN.01004302.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/43






Judgment of the General Court of 10 October 2019 — Société des produits Nestlé v EUIPO — European Food (FITNESS)
(Case T-536/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark FITNESS - Absolute grounds for refusal - Decision taken following the annulment of an earlier decision by the General Court - Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) - Production of evidence for the first time before the Board of Appeal)
(2019/C 423/54)
Language of the case: English

Parties


Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz, A. Lambrecht and C. Elkemann, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: European Food SA (Drăgănești, Romania) (represented by: I. Speciac, R. Dincă, I.-F. Cofaru, V.-F. Diaconită and V. Stănese, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 June 2018 (Case R 755/2018-2), relating to invalidity proceedings between European Food and Société des produits Nestlé.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 June 2018 (Case R 755/2018-2);











2.



Orders EUIPO to bear its own costs and to pay those incurred by Société des produits Nestlé SA;











3.



Orders European Food SA to bear its own costs.







(1)  OJ C 399, 5.11.2018.
Prior notification of a concentration (Case M.9541 — Advent/Cobham) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 342/12
Date: 2019-10-10
Institutions: Directorate-General for Competition, European Commission
Subjects: aerospace industry, defence policy, economic concentration, investment company, merger control, provision of services, technology








C_2019342EN.01003601.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/36






Prior notification of a concentration
(Case M.9541 — Advent/Cobham)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 342/12)

1.   
On 1 October 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:






—


Advent International Corporation (‘Advent’, USA),










—


Cobham plc (‘Cobham’, United Kingdom).




Funds controlled by Advent acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Cobham. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Advent: private equity investor investing in companies from various sectors, including industrial, retail, media, communications, information technology, internet, healthcare and pharmaceuticals, as well as managing investment funds,










—


for Cobham: provider of technology and services for the defence, aerospace and space industries.






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.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


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.9541 — Advent/Cobham
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’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-632/18: Judgment of the General Court of 10 October 2019 – ZM and Others v Council (Civil service — Officials — Members of the temporary staff — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations)
Date: 2019-10-10
Institutions: General Court
Subjects: European official, allowances and expenses, education costs, education grant, family benefit, servant (EU), temporary employment








C_2019423EN.01004501.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/45






Judgment of the General Court of 10 October 2019 – ZM and Others v Council
(Case T-632/18) (1)

(Civil service - Officials - Members of the temporary staff - Remuneration - Family allowances - Education allowance - Refusal to reimburse education costs - Article 3(1) of Annex VII to the Staff Regulations)
(2019/C 423/56)
Language of the case: French

Parties


Applicants: ZM, ZN and ZO (represented by: N. de Montigny, lawyer)

Defendant: European Council (represented by: R. Meyer and M. Alver, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: E. Taneva and M. Windisch, acting as Agents)

Re:

Action under Article 270 TFEU seeking annulment of the Council’s decisions not to reimburse the applicants, in respect of the school year 2017/2018, for the education costs notified by means of an individual decision or via Sysper/Ariane, the internal IT system.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders ZM, ZN and ZO to pay the costs;











3.



Orders the European Parliament to pay its own costs.







(1)  OJ C 455, 17.12.2018.
Corrigendum to Publication of the amended single document following the approval of a minor amendment pursuant to the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (Official Journal of the European Union C 266 of 8 August 2019)2019/C 342/14
Date: 2019-10-10
Institutions: European Commission
Subjects: Andalusia, Spain, consumer information, designation of origin, labelling, olive oil, product designation, quality control of agricultural products








C_2019342EN.01004201.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/42






Corrigendum to Publication of the amended single document following the approval of a minor amendment pursuant to the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council

(Official Journal of the European Union C 266 of 8 August 2019)

(2019/C 342/14)
On page 8, point 3.2, ‘Peroxide value’:
for:

‘Peroxide value: not more than 0,2 meq O2/kg oil’,

read:

‘Peroxide value: not more than 15 meq O2/kg oil’.
Case C-742/19: Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije (Slovenia) lodged on 10 October 2019 — B. K. v Republic of Slovenia
Date: 2019-10-10
Institutions: Court of Justice
Subjects: military personnel, working time








C_2020019EN.01001201.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/12






Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije (Slovenia) lodged on 10 October 2019 — B. K. v Republic of Slovenia
(Case C-742/19)
(2020/C 19/15)
Language of the case: Slovenian

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings


Applicant: B. K.

Defendant: Republic of Slovenia

Questions referred







1.


Does Article 2 of Directive 2003/88/EC (1) apply even to workers employed in the defence sector and to military personnel who perform guard duty in peace time?










2.


Do the provisions of Article 2 of Directive 2003/88/EC preclude national legislation pursuant to which time spent by workers in the defence sector at their place of work or at some other designated place (but not at home) on stand-by, and time during which military personnel in the defence sector performing guard duty are physically present in barracks but not actually working, is not counted as ‘working time’?






(1)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).
Case C-745/19: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 10 October 2019 — PH, OI v ‘Eurobank Bulgaria’ AD
Date: 2019-10-10
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, interest, unfair terms of contract








C_2019413EN.01003501.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/35






Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 10 October 2019 — PH, OI v ‘Eurobank Bulgaria’ AD
(Case C-745/19)
(2019/C 413/42)
Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings


Applicants: PH, OI

Defendant:‘Eurobank Bulgaria’ AD

Questions referred







1.


If it is shown that a term allowing the creditor to unilaterally change the interest rate on a loan agreement concluded between a seller or supplier and a consumer is unfair, can the national court assume that the interest rate payable under the agreement is fixed (despite any provision to the contrary in the initial agreement) in the amount set as at the date the loan was granted?










2.


If the answer to the first question is in the negative, is the national court allowed to award any interest at all where there is an unfair term that fails to set the variable interest rate on the agreement in a fair manner?










3.


What effect does the fact that, in the course of repayment of the loan, the consumer has agreed to the application of a methodology for setting the interest rate that does not contain any unfair terms, have on the answer to the first two questions?
Case T-428/18: Judgment of the General Court of 10 October 2019 – McDreams Hotel GmbH v EUIPO – McDonald’s International Property (mc dreams hotels Träumen zum kleinen Preis!) (EU trade mark — Opposition proceedings — Application for EU figurative mark mc dreams hotels Träumen zum kleinen Preis! — Earlier EU word mark McDONALD’S — Article 8(5) of Regulation (EU) 2017/1001 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark)
Date: 2019-10-10
Institutions: General Court
Subjects: EU trade mark, hotel industry, registered trade mark, trade-mark law








C_2019423EN.01003901.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/39






Judgment of the General Court of 10 October 2019 – McDreams Hotel GmbH v EUIPO – McDonald’s International Property (mc dreams hotels Träumen zum kleinen Preis!)
(Case T-428/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark mc dreams hotels Träumen zum kleinen Preis! - Earlier EU word mark McDONALD’S - Article 8(5) of Regulation (EU) 2017/1001 - Family of marks - Taking unfair advantage of the distinctive character or repute of the earlier mark)
(2019/C 423/48)
Language of the case: English

Parties


Applicant: McDreams Hotel GmbH (Feldkirchen, Germany) (represented by: S. Schenk and S. Kleinmanns, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: McDonald’s International Property Co. Ltd (Wilmington, Delaware, United States) (represented by: C. Eckhartt and K. Thanbichler-Brandl, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 18 April 2018 (Case R 972/2017-2), relating to opposition proceedings between McDonald’s International Property Co. and McDreams Hotel.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders McDreams Hotel GmbH to bear its own costs and pay those of the European Union Intellectual Property Office (EUIPO) and the intervener.







(1)  OJ C 319, 10.9.2018.
Withdrawal of notification of a concentration (Case M.9413 — Lactalis/Nuova Castelli) (Text with EEA relevance) 2019/C 342/04
Date: 2019-10-10
Institutions: Directorate-General for Competition, European Commission
Subjects: cheese factory, dairy industry, economic concentration, merger control, milk product, sale, supply








C_2019342EN.01000401.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/4






Withdrawal of notification of a concentration
(Case M.9413 — Lactalis/Nuova Castelli)
(Text with EEA relevance)
(2019/C 342/04)
Council Regulation (EC) No 139/2004
On 9 September 2019, the Commission received notification of a proposed concentration between Gruppo Lactalis Italia S.r.l. and Nuova Castelli S.p.A. On 3 October 2019, the notifying party informed the Commission that it withdrew its notification.
Special Report No 16/2019 European Environmental Economic Accounts: usefulness for policymakers can be improved2019/C 342/07
Date: 2019-10-10
Institutions: European Court of Auditors
Subjects: EU environmental policy, EU statistics, data collection, economic statistics, environmental cost, environmental protection, environmental statistics, national accounts, public expenditure, sustainable development








C_2019342EN.01000701.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/7






Special Report No 16/2019
‘European Environmental Economic Accounts: usefulness for policymakers can be improved’
(2019/C 342/07)
The European Court of Auditors hereby informs you that Special Report No 16/2019 ‘European Environmental Economic Accounts: usefulness for policymakers can be improved’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Case T-454/18: Judgment of the General Court of 10 October 2019 — Biasotto v EUIPO — Oofos (OO) (EU trade mark — Opposition proceedings — Application for EU figurative mark OO — Earlier EU figurative mark OO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-10-10
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_2019432EN.01004502.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/45






Judgment of the General Court of 10 October 2019 — Biasotto v EUIPO — Oofos (OO)
(Case T-454/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark OO - Earlier EU figurative mark OO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 432/52)
Language of the case: English

Parties


Applicant: Alessandro Biasotto (Treviso, Italy) (represented by F. Le Divelec Lemmi, R. Castiglioni and E. Cammareri, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Oofos, Inc. (Reno, Nevada, United States) (represented by J. Klink, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 15 May 2018 (Case R 1281/2017-2), relating to opposition proceedings between Oofos and Mr Biasotto.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Alessandro Biasotto to pay the costs.







(1)  OJ C 352, 1.10.2018
Case C-747/19 P: Appeal brought on 10 October 2019 by Jorge Minguel Rosellò against the order of the General Court (Second Chamber) delivered on 9 September 2019 in Case T-524/19
Date: 2019-10-10
Institutions: Court of Justice
Subjects: indemnification, liability of the State, social-security contribution








C_2020287EN.01002701.xml










31.8.2020   


EN


Official Journal of the European Union


C 287/27






Appeal brought on 10 October 2019 by Jorge Minguel Rosellò against the order of the General Court (Second Chamber) delivered on 9 September 2019 in Case T-524/19
(Case C-747/19 P)
(2020/C 287/40)
Language of the case: Italian

Parties


Appellant: Jorge Minguel Rosellò (represented by: V. Falcucci and G. Bonavita, avvocati)

Other party to the proceedings: Italian Republic
By order of 29 April 2020 the Court (Sixth Chamber) held that the appeal was in part manifestly unfounded and in part manifestly ineffective.
Corrigendum to Commission Implementing Regulation (EU) 2019/1688 of 8 October 2019 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America (Official Journal of the European Union L 258 of 9 October 2019)
Date: 2019-10-10
Institutions: European Commission
Subjects: Russia, Trinidad and Tobago, United States, anti-dumping duty, chemical fertiliser, chemical salt, import (EU), organic chemical, originating product








L_2019259EN.01008601.xml










10.10.2019   


EN


Official Journal of the European Union


L 259/86







Corrigendum to Commission Implementing Regulation (EU) 2019/1688 of 8 October 2019 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America

(Official Journal of the European Union L 258 of 9 October 2019)


On page 62, recital 301:
for:







‘(301)


The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,’,





read:







‘(301)


The Committee established by Article 15(1) of Regulation (EU) 2016/1036 did not deliver an opinion,’.
Euro exchange ratesSource: reference exchange rate published by the ECB. 9 October 20192019/C 342/05
Date: 2019-10-10
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019342EN.01000501.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/5






Euro exchange rates (1)

9 October 2019
(2019/C 342/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0981 




JPY


Japanese yen


117,91 




DKK


Danish krone


7,4691 




GBP


Pound sterling


0,89850 




SEK


Swedish krona


10,9173 




CHF


Swiss franc


1,0927 




ISK


Iceland króna


137,30 




NOK


Norwegian krone


10,0528 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,823 




HUF


Hungarian forint


334,04 




PLN


Polish zloty


4,3236 




RON


Romanian leu


4,7486 




TRY


Turkish lira


6,4053 




AUD


Australian dollar


1,6282 




CAD


Canadian dollar


1,4607 




HKD


Hong Kong dollar


8,6143 




NZD


New Zealand dollar


1,7381 




SGD


Singapore dollar


1,5153 




KRW


South Korean won


1 314,77 




ZAR


South African rand


16,6248 




CNY


Chinese yuan renminbi


7,8265 




HRK


Croatian kuna


7,4270 




IDR


Indonesian rupiah


15 560,08 




MYR


Malaysian ringgit


4,6087 




PHP


Philippine peso


56,816 




RUB


Russian rouble


71,1918 




THB


Thai baht


33,311 




BRL


Brazilian real


4,4783 




MXN


Mexican peso


21,4520 




INR


Indian rupee


78,0340 






(1)  Source: reference exchange rate published by the ECB.
Council recommendation of 10 October 2019 on the appointment of a member of the Executive Board of the European Central Bank2019/C 351/01
Date: 2019-10-10
Institutions: Council of the European Union
Subjects: appointment of members, member of the European Central Bank








C_2019351EN.01000101.xml










17.10.2019   


EN


Official Journal of the European Union


C 351/1






COUNCIL RECOMMENDATION
of 10 October 2019
on the appointment of a member of the Executive Board of the European Central Bank
(2019/C 351/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2) thereof,
Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL THAT:
Mr Fabio PANETTA be appointed as a member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 January 2020.

Done at Brussels, 10 October 2019.


For the Council


The President

M. LINTILÄ