do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.9600 — Saudi Aramco Development Company/Korea Shipbuilding and Offshore Engineering Company/JV) (Text with EEA relevance) 2019/C 389/02
Date: 2019-11-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, engine, maritime transport, merger control, oil industry, petrochemicals, provision of services, shipbuilding, technology








C_2019389EN.01000701.xml










18.11.2019   


EN


Official Journal of the European Union


C 389/7






Non-opposition to a notified concentration
(Case M.9600 — Saudi Aramco Development Company/Korea Shipbuilding and Offshore Engineering Company/JV)
(Text with EEA relevance)
(2019/C 389/02)
On 7 November 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 61b 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 32019M9600. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-687/17 P: Judgment of the Court (Fifth Chamber) of 7 November 2019 — Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV, Huisinga Beheer BV v European Commission, Kingdom of the Netherlands, Slovak Republic (Appeal — State aid — Aid granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision that the measure does not constitute State aid, within the meaning of Article 107(1) TFEU)
Date: 2019-11-07
Institutions: Court of Justice
Subjects: Netherlands, State aid, control of State aid, e-procurement








C_2020010EN.01000401.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/4






Judgment of the Court (Fifth Chamber) of 7 November 2019 — Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV, Huisinga Beheer BV v European Commission, Kingdom of the Netherlands, Slovak Republic
(Case C-687/17 P) (1)

(Appeal - State aid - Aid granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform - Decision that the measure does not constitute State aid, within the meaning of Article 107(1) TFEU)
(2020/C 10/04)
Language of the case: English

Parties


Appellants: Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV, Huisinga Beheer BV (represented by: C. Dekker and L. Fiorilli, advocaten)

Other parties to the proceedings: European Commission (represented by: P. J. Loewenthal and K. Herrmann, acting as Agents), Kingdom of the Netherlands (represented by: M. Noort and M. Bulterman, acting as Agents), Slovak Republic

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV and Huisinga Beheer BV to pay the costs;










3.


Orders the Kingdom of the Netherlands to bear its own costs.






(1)  OJ C 94, 12.3.2018.
NOTICE OF OPEN COMPETITION2019/C 378/03
Date: 2019-11-07
Institutions: European Personnel Selection Office
Subjects: assistant, competition (EU)








C_2019378EN.01000301.xml










7.11.2019   


EN


Official Journal of the European Union


C 378/3






NOTICE OF OPEN COMPETITION
(2019/C 378/03)
The European Personnel Selection Office (EPSO) is organising the following open competition:
EPSO/AST-SC/09/19 — CONFERENCE OPERATORS (SC 2)
The competition notice is published in 24 languages in Official Journal of the European Union C 378 A of 7 November 2019.
Further information can be found on the EPSO website: https://epso.europa.eu/
Case C-820/19: Request for a preliminary ruling from the Općinski sud u Velikoj Gorici (Croatia) lodged on 7 November 2019 — RE v Privredne banke Zagreb d.d.
Date: 2019-11-07
Institutions: Court of Justice
Subjects: consumer protection, unfair terms of contract








C_2020103EN.01000802.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/8






Request for a preliminary ruling from the Općinski sud u Velikoj Gorici (Croatia) lodged on 7 November 2019 — RE v Privredne banke Zagreb d.d.
(Case C-820/19)
(2020/C 103/11)
Language of the case: Croatian

Referring court

Općinski sud u Velikoj Gorici

Parties to the main proceedings


Applicant: RE

Defendant: Privredne banke Zagreb d.d.
By order of the Court of 6 December 2019, Case C-820/19 was removed from the register of the Court of Justice of the European Union
Case C-555/18: Judgment of the Court (Sixth Chamber) of 7 November 2019 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — K.H.K. v B.A.C., E.E.K. (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 655/2014 — European Account Preservation Order — Article 5(a) — Obtention procedure — Article 4(8) to (10) — Definition of ‘judgment’, ‘court settlement’ and ‘authentic instrument’ — National order for payment against which an objection may be lodged — Article 18(1) — Time limits — Article 45 — Exceptional circumstances — Definition)
Date: 2019-11-07
Institutions: Court of Justice
Subjects: claim, enforcement of ruling, holiday, injunction, judicial cooperation in civil matters in the EU, official document, payment








C_2020010EN.01001701.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/17






Judgment of the Court (Sixth Chamber) of 7 November 2019 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — K.H.K. v B.A.C., E.E.K.
(Case C-555/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 655/2014 - European Account Preservation Order - Article 5(a) - Obtention procedure - Article 4(8) to (10) - Definition of ‘judgment’, ‘court settlement’ and ‘authentic instrument’ - National order for payment against which an objection may be lodged - Article 18(1) - Time limits - Article 45 - Exceptional circumstances - Definition)
(2020/C 10/20)
Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings


Applicant: K.H.K.

Debtors: B.A.C., E.E.K.

Operative part of the judgment







1.


Article 4(10) of Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters must be interpreted as meaning that an order for payment, such as that at issue in the main proceedings, which is not enforceable, does not constitute an ‘authentic instrument’ within the meaning of that provision.










2.


Article 5(a) of Regulation No 655/2014 must be interpreted as meaning that ongoing proceedings for an order for payment, such as those in the main proceedings, may be regarded as proceedings ‘on the substance of the matter’ within the meaning of that provision.










3.


Article 45 of Regulation No 655/2014 must be interpreted as meaning that judicial vacations are not covered by the concept of ‘exceptional circumstances’ within the meaning of that provision.






(1)  OJ C 427, 26.11.2018.
Non-opposition to a notified concentration (Case M.9520 — CVC/Robert Bosch Packaging Technology) (Text with EEA relevance) 2019/C 387/02
Date: 2019-11-07
Institutions: Directorate-General for Competition, European Commission
Subjects: customers, economic concentration, food industry, investment company, merger control, packaging, pharmaceutical industry, provision of services, technology








C_2019387EN.01000901.xml










15.11.2019   


EN


Official Journal of the European Union


C 387/9






Non-opposition to a notified concentration
(Case M.9520 — CVC/Robert Bosch Packaging Technology)
(Text with EEA relevance)
(2019/C 387/02)
On 7 November 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 32019M9520. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-240/19: Judgment of the General Court of 7 November 2019 — A9.com v EUIPO (Representation of a bell) (EU trade mark — Application for an EU figurative mark representing a bell — Absolute ground for refusal — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001)
Date: 2019-11-07
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, computer system, electronic device, registered trade mark, scientific apparatus, software, trade-mark law








C_2019432EN.01005401.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/54






Judgment of the General Court of 7 November 2019 — A9.com v EUIPO (Representation of a bell)
(Case T-240/19) (1)

(EU trade mark - Application for an EU figurative mark representing a bell - Absolute ground for refusal - Obligation to state reasons - Article 94 of Regulation (EU) 2017/1001 - Lack of distinctive character - Article 7(1)(b) of Regulation 2017/1001)
(2019/C 432/63)
Language of the case: English

Parties


Applicant: A9.com, Inc. (Palo Alto, California, United States) (represented by: A. Klett, C. Mikyska and R. Walther, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 4 February 2019 (Case R 1309/2018-2), concerning an application for registration of a figurative sign representing a bell as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders A9.com, Inc. to pay the costs.







(1)  OJ C 213, 24.6.2019.
Euro exchange ratesSource: reference exchange rate published by the ECB. 6 November 20192019/C 378/02
Date: 2019-11-07
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019378EN.01000201.xml










7.11.2019   


EN


Official Journal of the European Union


C 378/2






Euro exchange rates (1)

6 November 2019
(2019/C 378/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1090 




JPY


Japanese yen


120,88 




DKK


Danish krone


7,4713 




GBP


Pound sterling


0,86033 




SEK


Swedish krona


10,6440 




CHF


Swiss franc


1,1010 




ISK


Iceland króna


137,70 




NOK


Norwegian krone


10,1260 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,498 




HUF


Hungarian forint


331,68 




PLN


Polish zloty


4,2693 




RON


Romanian leu


4,7627 




TRY


Turkish lira


6,3803 




AUD


Australian dollar


1,6070 




CAD


Canadian dollar


1,4599 




HKD


Hong Kong dollar


8,6786 




NZD


New Zealand dollar


1,7385 




SGD


Singapore dollar


1,5065 




KRW


South Korean won


1 284,30 




ZAR


South African rand


16,4153 




CNY


Chinese yuan renminbi


7,7604 




HRK


Croatian kuna


7,4343 




IDR


Indonesian rupiah


15 542,64 




MYR


Malaysian ringgit


4,5874 




PHP


Philippine peso


56,126 




RUB


Russian rouble


70,6538 




THB


Thai baht


33,608 




BRL


Brazilian real


4,4242 




MXN


Mexican peso


21,3050 




INR


Indian rupee


78,6855 






(1)  Source: reference exchange rate published by the ECB.
Case T-317/19 R: Order of the President of the General Court of 7 November 2019 — AMVAC Netherlands v Commission (Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance ethoprophos — Conditions for approval for placing the substance on the market — Application for suspension of operation — Lack of urgency)
Date: 2019-11-07
Institutions: General Court
Subjects: market approval, plant health control, plant health product








C_2020054EN.01005002.xml










17.2.2020   


EN


Official Journal of the European Union


C 54/50






Order of the President of the General Court of 7 November 2019 — AMVAC Netherlands v Commission
(Case T-317/19 R)
(Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Active substance ethoprophos - Conditions for approval for placing the substance on the market - Application for suspension of operation - Lack of urgency)
(2020/C 54/56)
Language of the case: English

Parties


Applicant: AMVAC Netherlands BV (Amsterdam, Netherlands)) (represented by: C. Mereu, M. Grunchard and S. Englebert, lawyers)

Defendant: European Commission (represented by: F. Castilla-Contreras and I. Naglis, Agents)

Re:

Application pursuant to Articles 278 and 279 TFEU seeking suspension of the operation of Commission Implementing Regulation (EU) 2019/344 of 28 February 2019 concerning the non-renewal of approval of the active substance ethoprophos, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 62, p. 7).

Operative part of the order







1.



The application for interim measures is dismissed.











2.



The costs are reserved.
Case T-380/18: Judgment of the General Court of 7 November 2019 — Intas Pharmaceuticals v EUIPO — Laboratorios Indas (INTAS) (EU trade mark — Opposition proceedings — Application for the EU word mark INTAS — Earlier EU and national figurative trade marks including the word element ‘indas’ — Relative ground for refusal — Likelihood of confusion — Similarity of the signs and of the goods — Article 8(1)(b) of Regulation (EU) 2017/1001 — Proof of genuine use of the earlier marks — Article 47 of Regulation 2017/1001)
Date: 2019-11-07
Institutions: General Court
Subjects: EU trade mark, medical device, medicinal product, registered trade mark, trade-mark law, veterinary medicinal product








C_2019432EN.01004201.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/42






Judgment of the General Court of 7 November 2019 — Intas Pharmaceuticals v EUIPO — Laboratorios Indas (INTAS)
(Case T-380/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark INTAS - Earlier EU and national figurative trade marks including the word element ‘indas’ - Relative ground for refusal - Likelihood of confusion - Similarity of the signs and of the goods - Article 8(1)(b) of Regulation (EU) 2017/1001 - Proof of genuine use of the earlier marks - Article 47 of Regulation 2017/1001)
(2019/C 432/48)
Language of the case: English

Parties


Applicant: Intas Pharmaceuticals Ltd (Ahmedabad, India) (represented by: F. Traub, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Laboratorios Indas, SA (Pozuelo de Alarcón, Spain) (represented by: A. Gómez López, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 April 2018 (Case R 815/2017-4), relating to opposition proceedings between Laboratorios Indas and Intas Pharmaceuticals.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Intas Pharmaceuticals Ltd to pay the costs.







(1)  OJ C 294, 20.8.2018.
Case C-396/18: Judgment of the Court (First Chamber) of 7 November 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Gennaro Cafaro v DQ (Request for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, Point FCL.065 — Scope ratione temporis — Directive 2000/78/EC — Equal treatment in employment and occupation — Discrimination on grounds of age — Article 2(5) — Article 4(1) — National legislation providing for the automatic termination of the employment relationship at the age of 60 — Aircraft pilots — Protection of national security)
Date: 2019-11-07
Institutions: Court of Justice
Subjects: age discrimination, air transport, crew, equal treatment, older worker, professional qualifications, public safety, termination of employment








C_2019432EN.01001101.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/11






Judgment of the Court (First Chamber) of 7 November 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Gennaro Cafaro v DQ
(Case C-396/18) (1)

(Request for a preliminary ruling - Air transport - Regulation (EU) No 1178/2011 - Annex I, Point FCL.065 - Scope ratione temporis - Directive 2000/78/EC - Equal treatment in employment and occupation - Discrimination on grounds of age - Article 2(5) - Article 4(1) - National legislation providing for the automatic termination of the employment relationship at the age of 60 - Aircraft pilots - Protection of national security)
(2019/C 432/11)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Gennaro Cafaro

Defendant: DQ

Operative part of the judgment

Article 2(5) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which the employment relationship of pilots employed by a company operating aircraft used for activities associated with protecting the national security of a Member State terminates automatically once they reach the age of 60, provided that such legislation is necessary for public security within the meaning of that provision, which is a matter for the referring court to determine.
Article 4(1) of Directive 2000/78 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which the employment relationship of pilots employed by a company operating aircraft used for activities associated with protecting the national security of a Member State terminates automatically once they reach the age of 60, provided that such legislation is proportionate within the meaning of that provision, which is a matter for the referring court to determine.


(1)  OJ C 352, 1.10.2018.
Case T-753/19: Action brought on 7 November 2019 — Ungureanu v Commission
Date: 2019-11-07
Institutions: General Court
Subjects: Romania, health care, health legislation, indemnification, medicinal product, right to health








C_2020068EN.01004202.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/42






Action brought on 7 November 2019 — Ungureanu v Commission
(Case T-753/19)
(2020/C 68/51)
Language of the case: Romanian

Parties


Applicant: Simeda Ungureanu (Cluj-Napoca, Romania) (represented by: R. Chiriță, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


find that the European Commission has failed to fulfil its obligation of ensuring that the Member States comply with the Treaties of the European Union and respect human rights as enshrined in the Charter of Fundamental Rights of the European Union;










—


order the defendant to pay compensation for the non-material damage caused, estimated at EUR 40 000;










—


order the defendant to remedy the existing omissions in the future.





Pleas in law and main arguments

In support of the action, the applicant submits that the conditions for liability on the part of the European Commission are satisfied, since that institution failed to act in order to compel the Romanian State to comply with its obligations deriving from the Treaties of the European Union and from the right to life of its citizens, in so far as the Romanian State did not enact provisions enabling persons who are in particular situations and in respect of whom it is vital to administer medicinal products for therapeutic indications not included in the summary of product characteristics (off-label medicinal products) to have access to medical treatment.
Case T-431/18: Judgment of the General Court of 7 November 2019 — WN v Parliament (Civil service — Accredited parliamentary assistants — Early termination of the contract — Breakdown in the relationship of trust — Rights of defence — Conciliation procedure — Manifest error of assessment — Discrimination on grounds of sex — Maternity leave — Duty to have regard for the welfare of officials)
Date: 2019-11-07
Institutions: General Court
Subjects: damages, maternity leave, rights of the defence, servant (EU), sexual discrimination, termination of employment








C_2020010EN.01003102.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/31






Judgment of the General Court of 7 November 2019 — WN v Parliament
(Case T-431/18) (1)

(Civil service - Accredited parliamentary assistants - Early termination of the contract - Breakdown in the relationship of trust - Rights of defence - Conciliation procedure - Manifest error of assessment - Discrimination on grounds of sex - Maternity leave - Duty to have regard for the welfare of officials)
(2020/C 10/42)
Language of the case: English

Parties


Applicant: WN (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Parliament (represented by: Í. Ní Riagáin Düro and M. Windisch, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the Parliament’s decision of 28 September 2017 to terminate the applicant’s contract as an accredited parliamentary assistant and, secondly, compensation for the non-material damage she allegedly suffered as a result of the Parliament’s conduct.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders each party to bear its own costs.







(1)  OJ C 319, 10.9.2018.