do-me/EUR-LEX huggingface dataset:
Case T-735/19: Action brought on 30 October 2019 – Frank Recruitment Group Services v EUIPO – Pearson (PEARSON FRANK)
Date: 2019-10-30
Institutions: General Court
Subjects: EU trade mark, employment service, on line data service, recruitment, registered trade mark, telecommunications, temporary employment agency, trade-mark law








C_2019432EN.01006901.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/69






Action brought on 30 October 2019 – Frank Recruitment Group Services v EUIPO – Pearson (PEARSON FRANK)
(Case T-735/19)
(2019/C 432/79)
Language of the case: English

Parties


Applicant: Frank Recruitment Group Services Ltd (Newcastle upon Tyne, United Kingdom) (represented by: J. Dennis, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pearson plc (London, United Kingdom)

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 PEARSON FRANK – Application for registration No 15 841 851

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 26 August 2019 in Case R 1884/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the applicant’s costs.





Pleas in law







—


Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


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










—


Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.










—


Infringement of Article 47(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Commission Delegated Regulation (EU) 2019/1827 of 30 October 2019 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the threshold for concessions (Text with EEA relevance)
Date: 2019-10-30
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: agreement on government procurement, protocol to an agreement, public procurement, service concession








L_2019279EN.01002301.xml










31.10.2019   


EN


Official Journal of the European Union


L 279/23








            COMMISSION DELEGATED REGULATION (EU) 2019/1827
of 30 October 2019
         
amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the threshold for concessions
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (1), and in particular the second subparagraph of Article 9(4) thereof,

Whereas:







(1)


By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) (‘the Agreement’) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it and expressed as special drawing rights.












(2)


One of the objectives of Directive 2014/23/EU is to allow the contracting entities and the contracting authorities, which apply that Directive, to comply at the same time with the obligations laid down in the Agreement. In accordance with Article 9(1) of Directive 2014/23/EU, every two years the Commission is to verify that the threshold for concessions set out in Article 8(1) of that Directive corresponds to the threshold established in the Agreement. Given that the value of the threshold calculated in accordance with Article 9(1) of Directive 2014/23/EU is different from the value of the threshold set out in Article 8(1) of that Directive, it is necessary to revise this threshold.












(3)


Directive 2014/23/EU should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 8(1) of Directive 2014/23/EU, ‘EUR 5 548 000’ is replaced by ‘EUR 5 350 000’.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2020.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 2019.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 94, 28.3.2014, p. 1.

(2)  Council Decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement (OJ L 68, 7.3.2014, p. 1).

(3)  
            OJ L 68, 7.3.2014, p. 2.
Euro exchange ratesSource: reference exchange rate published by the ECB. 29 October 20192019/C 366/12
Date: 2019-10-30
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019366EN.01006001.xml










30.10.2019   


EN


Official Journal of the European Union


C 366/60






Euro exchange rates (1)

29 October 2019
(2019/C 366/12)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1095 




JPY


Japanese yen


120,88 




DKK


Danish krone


7,4706 




GBP


Pound sterling


0,86328 




SEK


Swedish krona


10,7923 




CHF


Swiss franc


1,1041 




ISK


Iceland króna


138,10 




NOK


Norwegian krone


10,2748 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,543 




HUF


Hungarian forint


328,78 




PLN


Polish zloty


4,2693 




RON


Romanian leu


4,7559 




TRY


Turkish lira


6,3596 




AUD


Australian dollar


1,6186 




CAD


Canadian dollar


1,4486 




HKD


Hong Kong dollar


8,6994 




NZD


New Zealand dollar


1,7481 




SGD


Singapore dollar


1,5121 




KRW


South Korean won


1 295,86 




ZAR


South African rand


16,2241 




CNY


Chinese yuan renminbi


7,8392 




HRK


Croatian kuna


7,4568 




IDR


Indonesian rupiah


15 590,95 




MYR


Malaysian ringgit


4,6410 




PHP


Philippine peso


56,623 




RUB


Russian rouble


70,9154 




THB


Thai baht


33,524 




BRL


Brazilian real


4,4300 




MXN


Mexican peso


21,1812 




INR


Indian rupee


78,6150 






(1)  Source: reference exchange rate published by the ECB.
Case C-799/19: Request for a preliminary ruling from the Okresný súd Košice I (Slovakia) lodged on 30 October 2019 — NI, OJ, PK v Sociálna poisťovňa
Date: 2019-10-30
Institutions: Court of Justice
Subjects: claim, financial solvency, indemnification, labour dispute, occupational accident, occupational mortality








C_2020019EN.01003202.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/32






Request for a preliminary ruling from the Okresný súd Košice I (Slovakia) lodged on 30 October 2019 — NI, OJ, PK v Sociálna poisťovňa
(Case C-799/19)
(2020/C 19/33)
Language of the case: Slovak

Referring court

Okresný súd Košice I

Parties to the main proceedings


Applicant: NI, OJ, PK

Defendant: Sociálna poisťovňa

Questions referred







1.


Must Article 3 of Directive 2008/94/EC (1) of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer be interpreted as meaning that the concept of ‘employees’ outstanding claims resulting from contracts of employment’ also covers non-material damage suffered as a result of the death of an employee caused by an accident at work?










2.


Must Article 2 of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer be interpreted as meaning that where an action for enforcement has been brought against an employer in connection with a judicially recognised claim for compensation for non-material damage suffered as a result of the death of an employee caused by an accident at work, but the claim is deemed irrecoverable in the enforcement proceedings on the ground that the employer has no funds at its disposal, the employer in question is also deemed insolvent?






(1)  OJ 2008 L 283, p. 36.
Case T-729/19: Action brought on 30 October 2019 — Dinamo v EUIPO (Favorit)
Date: 2019-10-30
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, trade-mark law








C_2019423EN.01007101.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/71






Action brought on 30 October 2019 — Dinamo v EUIPO (Favorit)
(Case T-729/19)
(2019/C 423/84)
Language of the case: German

Parties


Applicant: Dinamo GmbH (Basel, Switzerland) (represented by: C. Weil, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for the European Union word mark Favorit — Application for registration No 17 924 051

Contested decision: Decision of the Second Board of Appeal of EUIPO of 18 September 2019 in Case R 985/2019-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


uphold the appeal;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Opinion of the European Economic and Social Committee on ‘Proposal for a Decision of the European Parliament and of the Council amending Decision No 573/2014/EU on enhanced cooperation between Public Employment Services (PES)’ (COM(2019) 620 final)
Date: 2019-10-30
Institutions: European Economic and Social Committee
Subjects: EU employment policy, administrative cooperation, employment service, integration into employment








C_2020047EN.01010501.xml










11.2.2020   


EN


Official Journal of the European Union


C 47/105






Opinion of the European Economic and Social Committee on ‘Proposal for a Decision of the European Parliament and of the Council amending Decision No 573/2014/EU on enhanced cooperation between Public Employment Services (PES)’
(COM(2019) 620 final)
(2020/C 47/16)






Referral


European Parliament, 19.9.2019
Council of the European Union, 19.9.2019




Legal basis


Articles 149 and 304 of the Treaty on the Functioning of the European Union




Section responsible


Section for Employment, Social Affairs and Citizenship




Adopted at plenary


30.10.2019




Plenary session No


547




Outcome of vote
(for/against/abstentions)


219/3/11




Since the Committee endorses the content of the proposal and has already set out its views on the subject in its earlier opinion SOC 620 — The new role of public employment services (PES) in the context of the implementation of the European Pillar of Social Rights (1), adopted on 17 July 2019, it decided, at its 547th plenary session of 30 and 31 October 2019 (meeting of 30 October 2019), by 219 votes to 3 with 11 abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the abovementioned document.

Brussels, 30 October 2019.


The President


of the European Economic and Social Committee

Luca JAHIER




(1)  OJ C 353, 18.10.2019, p. 46
Agreement between the European Atomic Energy Community and the Korean Peninsula Energy Development Organisation
Date: 2019-10-30
Institutions: European Atomic Energy Community, Japan, South Korea, United States
Subjects: EAEC, agreement (EU), decommissioning of power stations, energy cooperation, international organisation, multilateral agreement, nuclear reactor, renewal of an agreement








L_2019304EN.01000501.xml










26.11.2019   


EN


Official Journal of the European Union


L 304/5








            AGREEMENT
         
between the European Atomic Energy Community and the Korean Peninsula Energy Development Organisation


THE EUROPEAN ATOMIC ENERGY COMMUNITY,

Hereinafter referred to as "the Community", and


THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION,


Hereinafter referred to as "KEDO",

Whereas:







(1)


KEDO was established pursuant to the Agreement of 9 March 1995 on the Establishment of the Korean Peninsula Energy Development Organisation, as amended on 19 September 1997, between the Governments of the Republic of Korea, Japan and the United States of America;












(2)


The Agreement concluded between the Community and KEDO expired on 31 May 2018;












(3)


After its decision to terminate KEDO's nuclear light water reactor project and the 2007 decision to fulfil the responsibilities of the Secretariat with a greatly reduced staff and minimal office facilities, KEDO's Executive Board decided in 2018 to continue KEDO beyond 31 May 2018;












(4)


Both the Community and KEDO have expressed the wish to continue their cooperation with the objective of implementing the termination of the LWR project and an orderly winding up of KEDO;





HAVE AGREED AS FOLLOWS:



Article 1

Application of the provisions of the previous Agreement

Unless otherwise specified in one of the articles here below, the provisions of the previous Agreement between the Community and KEDO, which expired on 31 May 2018, shall remain applicable under this Agreement.


Article 2

Community contribution

There shall be no financial contribution from the Community to KEDO's budget under this Agreement.


Article 3

Duration

This Agreement will expire on 31 May 2019. It will be automatically renewed each year for a period of another year, unless a party notifies the other party that it wishes to terminate the Agreement at least one month before the date of expiry. It may also be terminated with immediate effect after withdrawal from KEDO by any of the other Members currently represented in the Executive Board. This Agreement will not be renewed beyond 31 May 2021.


Article 4

Entry into force

This Agreement shall enter into force upon signature by the Community and KEDO and will retroactively take effect from 1 June 2018.




Done at Brussels on the twenty-fourth day of October in the year two thousand and nineteen, in two originals


For the European Atomic Energy Community

Ditte JUUL-JØRGENSEN
            

Done at New York on the thirtieth day of October in the year two thousand and nineteen, in two originals


For the Korean Peninsula Energy Development Organisation

David WALLACE
Case C-800/19: Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 30 October 2019 — SM v Mittelbayerischer Verlag KG
Date: 2019-10-30
Institutions: Court of Justice
Subjects: Internet site, dissemination of information, fundamental rights, judicial cooperation in civil matters in the EU, jurisdiction, natural person, personality








C_2020027EN.01002201.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/22






Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 30 October 2019 — SM v Mittelbayerischer Verlag KG
(Case C-800/19)
(2020/C 27/28)
Language of the case: Polish

Referring court

Sąd Apelacyjny w Warszawie

Parties to the main proceedings


Applicant: SM

Defendant: Mittelbayerischer Verlag KG

Questions referred







1.


Should Article 7(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) be interpreted as meaning that jurisdiction based on the centre-of-interests connecting factor is applicable to an action brought by a natural person for the protection of his personality rights in a case where the online publication cited as infringing those rights does n contain information relating directly or indirectly to that particular natural person, but contains, rather, information or statements suggesting reprehensible actions by the community to which the applicant belongs (in the circumstances of the case at hand: his nation), which the applicant regards as amounting to an infringement of his personality rights?










2.


In a case concerning the protection of material and non-material personality rights against online infringement, is it necessary, when assessing the grounds of jurisdiction set out in Article 7(2) of Regulation [[…] No 1215/2012 […]], that is to say, when assessing whether a national court is the court for the place where the harmful event occurred or may occur, to take account of circumstances such as:






—


the public to whom the website on which the infringement occurred is principally addressed;










—


the language of the website and in which the publication in question is written;










—


the period during which the online information in question remained accessible to the public;










—


the individual circumstances of the applicant, such as the applicant’s wartime experiences and his current social activism, which are invoked in the present case as justification for the applicant’s special right to oppose, by way of judicial proceedings, the dissemination of allegations made against the community to which the applicant belongs?










(1)  OJ 2012 L 351, p. 1.
Commission Implementing Regulation (EU) 2019/1852 of 30 October 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications Gall del Penedès (PGI)
Date: 2019-10-30
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Catalonia, Spain, designation of origin, fresh meat, labelling, poultrymeat, product designation








L_2019285EN.01000601.xml










6.11.2019   


EN


Official Journal of the European Union


L 285/6








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/1852
of 30 October 2019
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Gall del Penedès’ (PGI)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Gall del Penedès’, registered under Commission Implementing Regulation (EU) 2016/929 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Gall del Penedès’ (PGI) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 2019.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Implementing Regulation (EU) 2016/929 of 1 June 2016 entering a name in the register of protected designations of origin and protected geographical indications (Gall del Penedès (PGI)) (OJ L 155, 14.6.2016, p. 7).

(3)  
            OJ C 217, 28.6.2019, p. 10.
Non-opposition to a notified concentration (Case M.9538 — Broadcom/Symantec Enterprise Security Business) (Text with EEA relevance) 2019/C 407/02
Date: 2019-10-30
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronics industry, information security, information technology industry, merger control








C_2019407EN.01000201.xml










3.12.2019   


EN


Official Journal of the European Union


C 407/2






Non-opposition to a notified concentration
(Case M.9538 — Broadcom/Symantec Enterprise Security Business)
(Text with EEA relevance)
(2019/C 407/02)
On 30 October 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9538. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Initiation of proceedings (Case M.9162 — Fincantieri/Chantiers de l’Atlantique) (Text with EEA relevance) 2019/C 382/02
Date: 2019-10-30
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, maintenance, merger control, shipbuilding








C_2019382EN.01000201.xml










11.11.2019   


EN


Official Journal of the European Union


C 382/2






Initiation of proceedings
(Case M.9162 — Fincantieri/Chantiers de l’Atlantique)
(Text with EEA relevance)
(2019/C 382/02)
On 30 October 2019, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+ 32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference No M.9162 — Fincantieri/Chantiers de l’Atlantique, to the following 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’).