do-me/EUR-LEX huggingface dataset:
Case T-851/19: Action brought on 16 December 2019 – Body Attack Sports Nutrition v EUIPO – Sakkari (SAKKATTACK)
Date: 2019-12-16
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, sports equipment, textile product, trade-mark law








C_2020061EN.01004901.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/49






Action brought on 16 December 2019 – Body Attack Sports Nutrition v EUIPO – Sakkari (SAKKATTACK)
(Case T-851/19)
(2020/C 61/63)
Language of the case: English

Parties


Applicant: Body Attack Sports Nutrition GmbH & Co. KG (Hamburg, Germany) (represented by: S. Labesius, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Maria Sakkari (Nicosia, Cyprus)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for European Union figurative mark SAKKATTACK in the colours black, red, yellow, white and grey – Application for registration No 16 603 557

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 October 2019 in Case R 2560/2018-4

Form of order sought

The applicant claims that the Court should:






—


order the joinder of the present case with case T-788/19;










—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


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










—


Infringement of Article 37(1) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of the rule of equal treatment and sound administration;










—


Infringement of Article 94(1)(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Euro exchange ratesSource: reference exchange rate published by the ECB. 13 December 20192019/C 422/07
Date: 2019-12-16
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019422EN.01001401.xml










16.12.2019   


EN


Official Journal of the European Union


C 422/14






Euro exchange rates (1)

13 December 2019
(2019/C 422/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1174 




JPY


Japanese yen


122,43 




DKK


Danish krone


7,4731 




GBP


Pound sterling


0,83508 




SEK


Swedish krona


10,4490 




CHF


Swiss franc


1,0982 




ISK


Iceland króna


137,00 




NOK


Norwegian krone


10,0630 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,508 




HUF


Hungarian forint


328,85 




PLN


Polish zloty


4,2726 




RON


Romanian leu


4,7795 




TRY


Turkish lira


6,4822 




AUD


Australian dollar


1,6159 




CAD


Canadian dollar


1,4712 




HKD


Hong Kong dollar


8,7062 




NZD


New Zealand dollar


1,6873 




SGD


Singapore dollar


1,5106 




KRW


South Korean won


1 308,97 




ZAR


South African rand


16,1393 




CNY


Chinese yuan renminbi


7,7900 




HRK


Croatian kuna


7,4398 




IDR


Indonesian rupiah


15 626,84 




MYR


Malaysian ringgit


4,6199 




PHP


Philippine peso


56,441 




RUB


Russian rouble


69,9930 




THB


Thai baht


33,729 




BRL


Brazilian real


4,5664 




MXN


Mexican peso


21,2518 




INR


Indian rupee


79,0610 






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) 2019/2183 of 16 December 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications Cordero Manchego (PGI)
Date: 2019-12-16
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Castile-La Mancha, Spain, designation of origin, fresh meat, labelling, product designation, sheepmeat








L_2019330EN.01004301.xml










20.12.2019   


EN


Official Journal of the European Union


L 330/43








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/2183
of 16 December 2019
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Cordero Manchego’ (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 ‘Cordero Manchego’, registered under Commission Regulation (EC) No 378/1999 (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 ‘Cordero Manchego’ (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, 16 December 2019.


For the Commission,


On behalf of the President

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  Commission Regulation (EC) No 378/1999 of 19 February 1999 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 46, 20.2.1999, p. 13).

(3)  
            OJ C 242, 18.7.2019, p. 5.
Case C-920/19: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 16 December 2019 — Fluctus s.r.o. and Others
Date: 2019-12-16
Institutions: Court of Justice
Subjects: State monopoly, advertising malpractice, freedom to provide services, game of chance, impact of advertising, provision of services, service, service concession








C_2020161EN.01001702.xml










11.5.2020   


EN


Official Journal of the European Union


C 161/17






Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 16 December 2019 — Fluctus s.r.o. and Others
(Case C-920/19)
(2020/C 161/26)
Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings


Appellants: Fluctus s.r.o., Fluentum s.r.o., KI

Respondent authority: Landespolizeidirektion Steiermark

Other party: Finanzpolizei Team 96 für das Finanzamt Deutschlandsberg Leibnitz Voitsberg

Questions referred







1.


Is Article 56 TFEU to be interpreted as meaning that, in the assessment of the impermissible advertising practices of the licence holder formulated by the Court of Justice of the European Union in its established case-law in the case of a State gambling monopoly, the relevant issue is whether there has in fact been growth in the gambling market considered overall in the relevant period, or is it sufficient that the advertising is aimed at stimulating active participation in gambling, such as by trivialising gambling, conferring on it a positive image because revenues derived from it are used for activities in the public interest, or by increasing its attractiveness by means of enticing advertising messages holding out the tantalising prospect of major winnings?










2.


Is Article 56 TFEU also to be interpreted as meaning that advertising practices of a monopolist, should they exist, in any event rule out the coherence of the monopoly system, or is it possible for active participation in gambling also to be stimulated by the monopolist in the event of corresponding advertising activities of private providers, such as by trivialising gambling, giving it a positive image because revenues derived from it are used for activities in the public interest, or by increasing its attractiveness by means of enticing advertising messages holding out the tantalising prospect of major winnings?










3.


Is a national court which is called upon, within the scope of its jurisdiction, to apply Article 56 TFEU under a duty, of its own motion, to give full effect to those provisions by refusing to apply any, in its opinion, conflicting provision of national law, even if the compliance of such a provision with EU law has been confirmed in constitutional-law proceedings?
Commission Implementing Regulation (EU) 2019/2184 of 16 December 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications Riso del Delta del Po (PGI)
Date: 2019-12-16
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Emilia-Romagna, Italy, Veneto, designation of origin, labelling, product designation, rice








L_2019330EN.01004401.xml










20.12.2019   


EN


Official Journal of the European Union


L 330/44








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/2184
of 16 December 2019
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Riso del Delta del Po’ (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 Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Riso del Delta del Po’, registered under Commission Regulation (EC) No 1078/2009 (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 ‘Riso del Delta del Po’ (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, 16 December 2019.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  Commission Regulation (EC) No 1078/2009 of 10 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Riso del Delta del Po (PGI)) (OJ L 294, 11.11.2009, p. 4).

(3)  
            OJ C 271, 13.8.2019, p. 75.
Commission Implementing Regulation (EU) 2019/2205 of 16 December 2019 entering a name in the register of protected designations of origin and protected geographical indications [Κριτσά (Kritsa) (PGI)]
Date: 2019-12-16
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Crete, Greece, designation of origin, labelling, olive oil, product designation








L_2019332EN.01001501.xml










23.12.2019   


EN


Official Journal of the European Union


L 332/15








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/2205
of 16 December 2019
         
entering a name in the register of protected designations of origin and protected geographical indications [‘Κριτσά’ (Kritsa) (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece’s application to register the name ‘Κριτσά’ (Kritsa) was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Κριτσά’ (Kritsa) should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Κριτσά’ (Kritsa) (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.5. – Oils and fats (butter, margarine, oil, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 16 December 2019.


For the Commission


On behalf of the President

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  
            OJ C 271, 13.8.2019, p. 86.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Commission Implementing Regulation (EU) 2019/2204 of 16 December 2019 entering a name in the register of protected designations of origin and protected geographical indications (Κρασοτύρι Κω (Krasotiri Ko)/Τυρί της Πόσιας (Tiri tis Possias) (PGI))
Date: 2019-12-16
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Aegean Islands, Greece, designation of origin, goats’ milk cheese, labelling, product designation, sheep's milk cheese, soft cheese








L_2019332EN.01001401.xml










23.12.2019   


EN


Official Journal of the European Union


L 332/14








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/2204
of 16 December 2019
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Κρασοτύρι Κω’ (Krasotiri Ko)/‘Τυρί της Πόσιας’ (Tiri tis Possias) (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece’s application to register the name ‘Κρασοτύρι Κω’ (Krasotiri Ko)/‘Τυρί της Πόσιας’ (Tiri tis Possias) was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Κρασοτύρι Κω’ (Krasotiri Ko)/‘Τυρί της Πόσιας’ (Tiri tis Possias) (PGI) should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Κρασοτύρι Κω’ (Krasotiri Ko)/‘Τυρί της Πόσιας’ (Tiri tis Possias) (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.3. Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 16 December 2019.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  
            OJ C 283, 21.8.2019, p. 3.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Commission Implementing Regulation (EU) 2019/2203 of 16 December 2019 entering a name in the register of protected designations of origin and protected geographical indications Sneem Black Pudding (PGI)
Date: 2019-12-16
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Ireland, Munster, designation of origin, labelling, meat product, product designation








L_2019332EN.01001301.xml










23.12.2019   


EN


Official Journal of the European Union


L 332/13








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/2203
of 16 December 2019
         
entering a name in the register of protected designations of origin and protected geographical indications ‘Sneem Black Pudding’ (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Ireland’s application to register the name ‘Sneem Black Pudding’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Sneem Black Pudding’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Sneem Black Pudding’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.2. – Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 16 December 2019.


For the Commission


On behalf of the President

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  
            OJ C 273, 14.8.2019, p. 7.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-921/19: Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats’s-Hertogenbosch (Netherlands) lodged on 16 December 2019 — LH v Staatssecretaris van Justitie en Veiligheid
Date: 2019-12-16
Institutions: Court of Justice
Subjects: aid to refugees, asylum seeker, official document, right of asylum, right to justice








C_2020103EN.01000903.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/9






Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats’s-Hertogenbosch (Netherlands) lodged on 16 December 2019 — LH v Staatssecretaris van Justitie en Veiligheid
(Case C-921/19)
(2020/C 103/15)
Language of the case: Dutch

Referring court

Rechtbank Den Haag, zittingsplaats’s-Hertogenbosch

Parties to the main proceedings


Applicant: LH

Defendant: Staatssecretaris van Justitie en Veiligheid

Questions referred







1.


Is the determination by a determining authority of a Member State that original documents can never constitute new elements or findings if the authenticity of those documents cannot be established compatible with Article 40(2) of the Procedures Directive, (1) read in conjunction with Article 4(2) of the Qualification Directive (2) and Articles 47 and 52 of the Charter of Fundamental Rights of the European Union? If not, does it make any difference if, in a subsequent application, copies of documents or documents originating from a non-objectively verifiable source are submitted by the applicant?










2.


Must Article 40 of the Procedures Directive, read in conjunction with Article 4(2) of the Qualification Directive, be interpreted as allowing the determining authority of a Member State, when assessing documents and assigning probative value to documents, to distinguish between documents submitted in an initial application and those submitted in a subsequent application? Is it permissible for a Member State, when submitting documents in a subsequent application, no longer to comply with the obligation to cooperate if the authenticity of those documents cannot be established?






(1)  Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (the Procedures Directive) (OJ 2013 L 180, p. 60).

(2)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (the Qualification Directive) (OJ 2011 L 337, p. 9).