do-me/EUR-LEX huggingface dataset:
New national side of euro coins intended for circulation2019/C 351/11
Date: 2019-10-17
Institutions: European Commission
Subjects: Lithuania, commemoration, euro, issuing of currency








C_2019351EN.01001401.xml










17.10.2019   


EN


Official Journal of the European Union


C 351/14






New national side of euro coins intended for circulation
(2019/C 351/11)




National side of the new commemorative 2-euro coin intended for circulation and issued by Lithuania

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Lithuania

Subject of commemoration: Sutartinės (Lithuanian multipart songs — inscribed on the Unesco Representative List of the Intangible Cultural Heritage of Humanity)

Description of the design: The design features linear motifs, symbolising polyphonic melodies of the unique Lithuanian heritage — folk songs sutartinės. The lines are widening and narrowing again, spinning into a swirl decorated with various miniature geometric and nature figures. The inscription of the issuing country ‘LIETUVA’, as well as the inscription ‘SUTARTINĖS’ (Lithuanian multipart songs) and the year of issuance ‘2019’ are depicted in semicircle. The mark of the Lithuanian Mint is featured as well.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 500 000

Date of issue: Third quarter of 2019


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
New national side of euro coins intended for circulation2019/C 351/09
Date: 2019-10-17
Institutions: European Commission
Subjects: Finland, commemoration, euro, issuing of currency








C_2019351EN.01001201.xml










17.10.2019   


EN


Official Journal of the European Union


C 351/12






New national side of euro coins intended for circulation
(2019/C 351/09)




National side of the new commemorative 2-euro coin intended for circulation and issued by Finland

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuance of euro coins are authorised to issue commemorative euro coins intended for circulation, provided that certain conditions are met, one of these being that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national side features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Finland

Subject of commemoration: The Constitution Act of Finland

Description of the design: The design shows three circular fields that are joined together at the centre. The three fields represent the trias politica, separation of powers into three different branches: a legislative, an executive, and a judiciary power. The year of issuance ‘2019’ is placed centre left. The indication of the issuing country ‘FI’ and the mint mark are placed bottom right.
The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 500 000

Date of issue: September/October 2019


(1)  See OJ C 373, 28.12.2001, p. 1 for the national sides of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-10/19: Judgment of the General Court of 17 October 2019 — United States Seafoods v EUIPO — (UNITED STATES SEAFOODS) (EU trade mark — International registration designating the European Union — Figurative mark UNITED STATES SEAFOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Date: 2019-10-17
Institutions: General Court
Subjects: EU trade mark, fish product, registered trade mark, trade-mark law








C_2019432EN.01005201.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/52






Judgment of the General Court of 17 October 2019 — United States Seafoods v EUIPO — (UNITED STATES SEAFOODS)
(Case T-10/19) (1)

(EU trade mark - International registration designating the European Union - Figurative mark UNITED STATES SEAFOODS - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)
(2019/C 432/61)
Language of the case: English

Parties


Applicant: United States Seafoods LLC (Seattle, Washington, United States) (represented by: C. Spintig, S. Pietzcker and M. Prasse, lawyers)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 October 2018 (Case R 817/2018-5), relating to the international registration designating the European Union in respect of the figurative mark UNITED STATES SEAFOODS.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders United States Seafoods LLC to bear its own costs and pay those incurred by EUIPO.







(1)  OJ C 93, 11.3.2019.
Case C-569/18: Judgment of the Court (Ninth Chamber) of 17 October 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Caseificio Cirigliana Srl, Mail Srl, Sorì Italia Srl v Ministero delle Politiche agricole, alimentari e forestali, Presidenza del Consiglio dei Ministri, Ministero della Salute (Reference for a preliminary ruling — Regulation (EU) No 1151/2012 — Article 4(c) and Article 7(1)(e) — Quality schemes applicable to agricultural products and foodstuffs — Fair competition — PDO Mozzarella di Bufala Campana — Obligation to separate production areas for ‘PDO Mozzarella di Bufala Campana’)
Date: 2019-10-17
Institutions: Court of Justice
Subjects: Campania, Italy, designation of origin, labelling, location of production, product designation, production control, quality control of agricultural products, soft cheese








C_2019423EN.01001501.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/15






Judgment of the Court (Ninth Chamber) of 17 October 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Caseificio Cirigliana Srl, Mail Srl, Sorì Italia Srl v Ministero delle Politiche agricole, alimentari e forestali, Presidenza del Consiglio dei Ministri, Ministero della Salute
(Case C-569/18) (1)

(Reference for a preliminary ruling - Regulation (EU) No 1151/2012 - Article 4(c) and Article 7(1)(e) - Quality schemes applicable to agricultural products and foodstuffs - Fair competition - PDO Mozzarella di Bufala Campana - Obligation to separate production areas for ‘PDO Mozzarella di Bufala Campana’)
(2019/C 423/18)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties in the main proceedings


Appellants: Caseificio Cirigliana Srl, Mail Srl, Sorì Italia Srl

Respondents: Ministero delle Politiche agricole, alimentari e forestali, Presidenza del Consiglio dei Ministri, Ministero della Salute

Intervener: Consorzio di Tutela del Formaggio Mozzarella di Bufala Campana

Operative part of the judgment

Article 4(c) and Article 7(1)(e) of Regulation No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs, and the product specification for ‘PDO Mozzarella di Bufala Campana’ must be interpreted as not precluding national rules, such as those at issue in the main proceedings, which provide that ‘PDO Mozzarella di Bufala Campana’ must be produced in areas exclusively designated for the production of that cheese, including within one set of premises, in which the holding and storage of milk originating from farms that are not subject to the monitoring system for the protected designation of origin (PDO) ‘Mozzarella di Bufala Campana’ is prohibited, if those rules are a necessary and proportionate means of safeguarding the quality of that product or ensuring that the specification for that PDO is monitored, which is a matter for the referring court to verify.


(1)  OJ C 436, 3.11.2018.
Case C-239/18: Judgment of the Court (Fifth Chamber) of 17 October 2019 (request for a preliminary ruling from the Thüringer Oberlandesgericht — Germany) — Saatgut-Treuhandverwaltungs GmbH v Freistaat Thüringen (Reference for a preliminary ruling — Plant variety rights — Regulation (EC) No 2100/94 — Derogation provided for in Article 14 — Regulation (EC) No 1768/95 — Article 11(1) and (2) — Requests for information — Information provided by official bodies — Request for information on the actual use of material of specific species or varieties — Content of the request)
Date: 2019-10-17
Institutions: Court of Justice
Subjects: agricultural production, aid to agriculture, cataloguing, data processing, payment, plant taxonomy, plant variety right, public institution, right to information








C_2019423EN.01000901.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/9






Judgment of the Court (Fifth Chamber) of 17 October 2019 (request for a preliminary ruling from the Thüringer Oberlandesgericht — Germany) — Saatgut-Treuhandverwaltungs GmbH v Freistaat Thüringen
(Case C-239/18) (1)

(Reference for a preliminary ruling - Plant variety rights - Regulation (EC) No 2100/94 - Derogation provided for in Article 14 - Regulation (EC) No 1768/95 - Article 11(1) and (2) - Requests for information - Information provided by official bodies - Request for information on the actual use of material of specific species or varieties - Content of the request)
(2019/C 423/10)
Language of the case: German

Referring court

Thüringer Oberlandesgericht

Parties to the main proceedings


Applicant: Saatgut-Treuhandverwaltungs GmbH

Defendant: Freistaat Thüringen

Operative part of the judgment

Article 11(1) of Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community plant variety rights must be interpreted as meaning that it does not provide the possibility for the holder of the Community plant variety right to request information from an official body on the use of material of species, without such a request defining the specific protected variety for which that information is requested.


(1)  OJ C 249, 16.7.2018.
New national side of euro coins intended for circulation2019/C 351/10
Date: 2019-10-17
Institutions: European Commission
Subjects: Lithuania, commemoration, euro, issuing of currency








C_2019351EN.01001301.xml










17.10.2019   


EN


Official Journal of the European Union


C 351/13






New national side of euro coins intended for circulation
(2019/C 351/10)




National side of the new commemorative 2-euro coin intended for circulation and issued by Lithuania

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Lithuania

Subject of commemoration: Samogitia (Lithuanian Etnographic Regions)

Description of the design: The design features a bear standing on its hind legs, with a chain collar on the neck. It has been depicted on the coat of arms of Samogitia since the 16th century. The bear is situated against a shield topped with a crown, which is held by an armoured soldier (a symbol of courage, sacrifice and patriotism) and a goddess with an anchor (a symbol of hope). Below is a Latin inscription ‘PATRIA UNA’ (one fatherland). The design is surrounded by the inscriptions ‘LIETUVA’ (Lithuania) and ‘ŽEMAITIJA’ (Samogitia), the year of issuance ‘2019’ and the mintmark of the Lithuanian Mint.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 500 000

Date of issue: Third quarter of 2019


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-145/19: Order of the General Court of 17 October 2019 — Jap Energéticas y Medioambientales v Commission (Action for annulment — Grant agreement concluded under the Financial Instrument for the Environment (LIFE+) — Debit note — Measure which is part of a purely contractual context from which it is inseparable — No reclassification of the action — Manifest inadmissibility)
Date: 2019-10-17
Institutions: General Court
Subjects: EU aid, EU environmental policy, debt, financial aid, hydrogen production, prototype








C_2019432EN.01005602.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/56






Order of the General Court of 17 October 2019 — Jap Energéticas y Medioambientales v Commission
(Case T-145/19) (1)

(Action for annulment - Grant agreement concluded under the Financial Instrument for the Environment (LIFE+) - Debit note - Measure which is part of a purely contractual context from which it is inseparable - No reclassification of the action - Manifest inadmissibility)
(2019/C 432/67)
Language of the case: Spanish

Parties


Applicant: Jap Energéticas y Medioambientales, SL (Valencia, Spain) (represented by: G. Alabau Zabal, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà and S. Izquierdo Pérez, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of a debit note issued by the Commission on 14 January 2019 in order to recover the sum of EUR 82 750,96 paid to the applicant in the context of financial assistance for a prototype project for the production of hydrogen using clean water, ammonia and recycled aluminium.

Operative part of the order







1.



The action is dismissed as manifestly inadmissible.











2.



Jap Energéticas y Medioambientales, SL shall pay the costs, including those relating to the interlocutory proceedings.







(1)  OJ C 155, 6.5.2019.
Case C-514/18 P: Judgment of the Court (Tenth Chamber) of 17 October 2019 – Landeskammer für Land- und Forstwirtschaft in Steiermark v Gabriele Schmid, European Union Intellectual Property Office (EUIPO) (Appeal — European Union trade mark — Regulation (EC) No 207/2009 — Article 15 — Concept of ‘genuine use’ — Requirement to use the mark in accordance with its essential function)
Date: 2019-10-17
Institutions: Court of Justice
Subjects: EU trade mark, fruit vegetable, oleaginous plant, registered trade mark, trade-mark law, vegetable oil








C_2019423EN.01001302.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/13






Judgment of the Court (Tenth Chamber) of 17 October 2019 – Landeskammer für Land- und Forstwirtschaft in Steiermark v Gabriele Schmid, European Union Intellectual Property Office (EUIPO)
(Case C-514/18 P) (1)

(Appeal - European Union trade mark - Regulation (EC) No 207/2009 - Article 15 - Concept of ‘genuine use’ - Requirement to use the mark in accordance with its essential function)
(2019/C 423/16)
Language of the case: German

Parties


Appellant: Landeskammer für Land- und Forstwirtschaft in Steiermark (represented by: I. Hödl and S. Schoeller, Rechtsanwälte)

Other parties to the proceedings: Gabriele Schmid (represented by: B. Kuchar, Rechtsanwälte), European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders the Landeskammer für Land- und Forstwirtschaft in Steiermark (Regional Chamber of Agriculture and Forestry of Styria, Austria) to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and those incurred by Ms Gabriele Schmid.






(1)  OJ C 408, 12.11.2018.
Case T-708/19: Action brought on 17 October 2019 – Bujar v Commission
Date: 2019-10-17
Institutions: General Court
Subjects: European official, claim, staff regulations (EU), transfer of pension rights








C_2020010EN.01003601.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/36






Action brought on 17 October 2019 – Bujar v Commission
(Case T-708/19)
(2020/C 10/48)
Language of the case: English

Parties


Applicant: Marcin Bujar (Woluwe-Saint-Lambert, Belgium) (represented by: R. Wardyn, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s decision of 20 December 2018; and










—


order the Commission to pay the costs of the process.





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 violation of Article 11(2) of Annex VIII of Staff Regulations and Article 7(1) of the GIP:






—


the transferable pensionable years should be calculated on the basis of the amount actually transferred minus the capital appreciation between the date of the application for a transfer and the actual date of the transfer;










—


the PMO erred by calculating the transferable pensions rights based on the amount provided by the national administration in the provisional decision while the amount actually transferred was a result of the capital appreciation between the date of the application for a transfer and the actual date of the transfer, and: a recalculation of the pension rights by the national authority; the capital appreciation for the period prior to the request for a transfer.














2.


Second plea in law, alleging unjustified enrichment of the Union:






—


the calculation of the transferable years on the basis of a provisional amount which was subject to recalculation and that did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the actual date of the transfer resulted in unjustified enrichment of the Union.
Case C-459/18: Judgment of the Court (Seventh Chamber) of 17 October 2019 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen — Belgium) — Argenta Spaarbank NV v Belgische Staat (Reference for a preliminary ruling — Tax legislation — Corporation tax — Deduction for risk capital — Reduction of the amount deductible by companies with a permanent establishment in another Member State which generates exempt income under a double taxation convention — Article 49 TFEU — Freedom of establishment — Unfavourable treatment — No such treatment)
Date: 2019-10-17
Institutions: Court of Justice
Subjects: basis of tax assessment, business location, corporation tax, double taxation, establishment, tax exemption, tax law, tax relief, venture capital








C_2019423EN.01001201.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/12






Judgment of the Court (Seventh Chamber) of 17 October 2019 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen — Belgium) — Argenta Spaarbank NV v Belgische Staat
(Case C-459/18) (1)

(Reference for a preliminary ruling - Tax legislation - Corporation tax - Deduction for risk capital - Reduction of the amount deductible by companies with a permanent establishment in another Member State which generates exempt income under a double taxation convention - Article 49 TFEU - Freedom of establishment - Unfavourable treatment - No such treatment)
(2019/C 423/14)
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Antwerpen

Parties to the main proceedings


Applicant: Argenta Spaarbank NV

Defendant: Belgische Staat

Operative part of the judgment

Article 49 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which, for the calculation of a deduction granted to a company subject to full tax liability in a Member State and having a permanent establishment in another Member State the income from which is exempt in the first Member State under a double taxation convention, the net value of the assets of such a permanent establishment is taken into account, initially, in the calculation of the deduction for risk capital granted to the resident company, but, subsequently, the amount of the deduction is reduced by the lesser of the following amounts, namely the part of the deduction for risk capital which relates to the permanent establishment or the positive result generated by that permanent establishment, whereas such a reduction is not applied in the case of a permanent establishment situated in the first Member State.


(1)  OJ C 373, 15.10.2018.