do-me/EUR-LEX huggingface dataset:
European Council Decision (EU) 2019/2190 of 19 December 2019 appointing two members of the Executive Board of the European Central Bank
Date: 2019-12-19
Institutions: European Council
Subjects: appointment of members, member of the European Central Bank








L_2019330EN.01005201.xml










20.12.2019   


EN


Official Journal of the European Union


L 330/52








            EUROPEAN COUNCIL DECISION (EU) 2019/2190
of 19 December 2019
         
appointing two members of the Executive Board of the European Central Bank


THE EUROPEAN COUNCIL,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2),


Having regard to the recommendations of the Council of the European Union (1),


Having regard to the opinions of the European Parliament (2),


Having regard to the opinions of the Governing Council of the European Central Bank (3),

Whereas:







(1)


Mr Benoît COEURÉ was appointed member of the Executive Board of the European Central Bank for a term of office of eight years as from 1 January 2012. His term of office expires on 31 December 2019.












(2)


Ms Sabine LAUTENSCHLÄGER was appointed member of the Executive Board of the European Central Bank for a term of office of eight years as from 27 January 2014. By letter dated 26 September 2019, the President of the European Central Bank informed the President of the European Council of Ms Sabine LAUTENSCHLÄGER's decision to resign from her position on the Executive Board with effect from 31 October 2019, prior to the end of her term of office.












(3)


It is therefore necessary to appoint two new members of the Executive Board of the European Central Bank.












(4)


The European Council wishes to appoint Mr Fabio PANETTA and Ms Isabel SCHNABEL who, in its view, fulfil all the requirements set out in Article 283(2) of the Treaty,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed members of the Executive Board of the European Central Bank for a term of office of eight years as from 1 January 2020:






—


Mr Fabio PANETTA,










—


Ms Isabel SCHNABEL.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 19 December 2019.


For the European Council


The President

C. MICHEL
            





(1)  
            OJ C 351, 17.10.2019, p. 1; OJ C 385, 13.11.2019, p. 1.

(2)  Opinions delivered on 17 December 2019 (not yet published in the Official Journal).

(3)  Opinion delivered on 23 October 2019 (OJ C 373, 5.11.2019, p. 2); opinion delivered on 11 December 2019 (not yet published in the Official Journal).
Case T-211/18: Judgment of the General Court of 19 December 2019 — Vanda Pharmaceuticals v Commission (Medicinal products for human use — Application for marketing authorisation for the medicinal product Fanaptum — iloperidone — Commission refusal decision — Regulation (EC) No 726/2004 — Scientific evaluation of the risks and benefits of a medicinal product — Obligation to state reasons — Manifest error of assessment — Proportionality — Equal treatment)
Date: 2019-12-19
Institutions: General Court
Subjects: drug surveillance, equal treatment, market approval, medicinal product, principle of proportionality, scientific report








C_2020061EN.01002501.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/25






Judgment of the General Court of 19 December 2019 — Vanda Pharmaceuticals v Commission
(Case T-211/18) (1)

(Medicinal products for human use - Application for marketing authorisation for the medicinal product Fanaptum - iloperidone - Commission refusal decision - Regulation (EC) No 726/2004 - Scientific evaluation of the risks and benefits of a medicinal product - Obligation to state reasons - Manifest error of assessment - Proportionality - Equal treatment)
(2020/C 61/30)
Language of the case: English

Parties


Applicant: Vanda Pharmaceuticals Ltd (London, United Kingdom) (represented by: M. Meulenbelt, B. Natens, A. S. Melin and C. Muttin, lawyers)

Defendant: European Commission (represented by: L. Haasbeek and A. Sipos, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of (i) the Commission Implementing Decision C(2018) 252 final of 15 January 2018 refusing marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1) for the medicinal product for human use Fanaptum — iloperidone, and (ii) the opinion and the assessment report of the Committee for Human Medicinal Products of the European Medicines Agency (EMA) of 9 November 2017.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Vanda Pharmaceuticals Ltd to pay the costs.







(1)  OJ C 190, 4.6.2018.
Prior notification of a concentration (Case M.9615 — Glory Ltd/Grenke Bank AG/Cash Payment Solutions GmbH) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 427/02
Date: 2019-12-19
Institutions: Directorate-General for Competition, European Commission
Subjects: automatic vending machine, banking, economic concentration, financial services, merger control, payment








C_2019427EN.01000201.xml










19.12.2019   


EN


Official Journal of the European Union


C 427/2






Prior notification of a concentration
(Case M.9615 — Glory Ltd/Grenke Bank AG/Cash Payment Solutions GmbH)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 427/02)

1.   
On 11 December 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Glory Ltd (‘Glory’, Japan),










—


Grenke Bank AG (‘Grenke’, Germany),










—


Cash Payment Solutions GmbH (‘CPS’, Germany).




Glory and Grenke acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Cash Payment Solutions.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Glory develops and manufactures various products such as cash management systems, vending machines and coin operated lockers.










—


Grenke is a licenced German bank that mainly focusses on providing online banking and other financial services to SMEs.










—


CPS operates an online payment service that enables consumers to shop online and pay for these purchases in cash at retail partners such as supermarkets.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.9615 — Glory Ltd/Grenke Bank/Cash Payment Solutions GmbH
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Council Decision of 19 December 2019 appointing a member of the European Statistical Governance Advisory Board2019/C 428/05
Date: 2019-12-19
Institutions: Council of the European Union
Subjects: EU statistics, advisory committee (EU), appointment of members, governance




C_2019428EN.01000501.xml










20.12.2019   


EN


Official Journal of the European Union


C 428/5






COUNCIL DECISION
of 19 December 2019
appointing a member of the European Statistical Governance Advisory Board
(2019/C 428/05)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3(5) thereof,
Having regard to the opinion of the European Commission,
Whereas:






(1)


By its decision of 18 December 2017 (2), the Council appointed three members of the European Statistical Governance Advisory Board (the ‘Board’) for a term of office of three years from 1 February 2018.










(2)


One of the three members of the Board appointed by the Council, Mr Jaume GARCIA, resigned before the end of his term of office.










(3)


It is therefore necessary to appoint a new member of the Board.










(4)


According to Article 3(2) of Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics,




HAS ADOPTED THIS DECISION:

Article 1
Mr Priit POTISEPP is hereby appointed as a member representing the Council in the European Statistical Governance Advisory Board for a term of office of three years.


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


Done at Brussels, 19 December 2019.


For the Council


The President

K. MIKKONEN




(1)  OJ L 73, 15.3.2008, p. 17.

(2)  Council Decision of 18 December 2017 appointing three members of the European Statistical Governance Advisory Board (OJ C 439, 20.12.2017, p. 5).
Non-opposition to a notified concentration (Case M.9424 — NVIDIA/Mellanox) (Text with EEA relevance) 2020/C 98/06
Date: 2019-12-19
Institutions: Directorate-General for Competition, European Commission
Subjects: computer network, data transmission, economic concentration, information technology industry, merger control, systems interconnection








C_2020098EN.01000601.xml










25.3.2020   


EN


Official Journal of the European Union


C 98/6






Non-opposition to a notified concentration
(Case M.9424 — NVIDIA/Mellanox)
(Text with EEA relevance)
(2020/C 98/06)
On 19 December 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 32019M9424. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-175/19: Judgment of the General Court of 19 December 2019 — Vereinigung der Bayerischen Wirtschaft v EUIPO (eVoter) (EU trade mark — Application for EU word mark eVoter — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Date: 2019-12-19
Institutions: General Court
Subjects: EU trade mark, communications systems, consultancy, education, electronic publishing, marketing, publication, registered trade mark, software, trade-mark law








C_2020061EN.01003601.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/36






Judgment of the General Court of 19 December 2019 — Vereinigung der Bayerischen Wirtschaft v EUIPO (eVoter)
(Case T-175/19) (1)

(EU trade mark - Application for EU word mark eVoter - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(2020/C 61/44)
Language of the case: German

Parties


Applicant: Vereinigung der Bayerischen Wirtschaft eV (Munich, Germany) (represented by: L. Genz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and A. Söder, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 January 2019 (Case R 1983/2018-5) relating to an application for registration of the word sign eVoter as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Vereinigung der Bayerischen Wirtschaft eV to pay the costs.







(1)  OJ C 164, 13.5.2019.
Case T-67/18: Judgment of the General Court of 19 December 2019 — Probelte v Commission (Plant protection products — Active substance 8-hydroxyquinoline — Request for amendment of the conditions of approval — Procedure for harmonised classification and labelling — Right to be heard — Legitimate expectations — Manifest error of assessment)
Date: 2019-12-19
Institutions: General Court
Subjects: chemical product, market approval, organic chemical, plant health control, plant health product, rights of the defence








C_2020061EN.01002402.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/24






Judgment of the General Court of 19 December 2019 — Probelte v Commission
(Case T-67/18) (1)

(Plant protection products - Active substance 8-hydroxyquinoline - Request for amendment of the conditions of approval - Procedure for harmonised classification and labelling - Right to be heard - Legitimate expectations - Manifest error of assessment)
(2020/C 61/29)
Language of the case: English

Parties


Applicant: Probelte, SA (Murcia, Spain) (represented by: C. Mereu and S. Saez Moreno, lawyers)

Defendant: European Commission (represented by: A. Lewis, G. Koleva and I. Naglis, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2017/2065 of 13 November 2017 confirming the conditions of approval of the active substance 8-hydroxyquinoline, as set out in Implementing Regulation (EU) No 540/2011 and modifying Implementing Regulation (EU) 2015/408 as regards the inclusion of the active substance 8-hydroxyquinoline in the list of candidates for substitution (OJ 2017 L 295, p. 40).

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Probelte, SA to bear its own costs and to pay those incurred by the European Commission.







(1)  OJ C 112, 26.3.2018.
Corrigendum to Council Implementing Regulation (EU) 2019/1891 of 11 November 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (Official Journal of the European Union L 291 of 12 November 2019)
Date: 2019-12-19
Institutions: Council of the European Union
Subjects: EU restrictive measure, Venezuela, economic sanctions, international sanctions, natural person








L_2019329EN.01009701.xml










19.12.2019   


EN


Official Journal of the European Union


L 329/97







Corrigendum to Council Implementing Regulation (EU) 2019/1891 of 11 November 2019 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela

(Official Journal of the European Union L 291 of 12 November 2019)


On page 15, Annex, Table, entry 3, second column (‘Name’):
for:


                  ‘Tibisay LucenaRamírez’,

read:


                  ‘Tibisay Lucena Ramírez’.
Case C-715/18: Judgment of the Court (Eighth Chamber) of 19 December 2019 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Segler-Vereinigung Cuxhaven eV v Finanzamt Cuxhaven (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services — Point 12 of Annex III — Reduced rate of VAT applicable to the letting of places on camping or caravan sites — Question of whether that reduced rate is applicable to the letting of boat moorings in a marina — Comparison with the letting of premises and sites for the parking of vehicles — Equal treatment — Principle of fiscal neutrality)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: VAT, camping, camping vehicle, equal treatment, harbour installation, hiring, parking area, tax relief, vehicle rental








C_2020061EN.01001601.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/16






Judgment of the Court (Eighth Chamber) of 19 December 2019 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Segler-Vereinigung Cuxhaven eV v Finanzamt Cuxhaven
(Case C-715/18) (1)

(Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Article 98 - Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services - Point 12 of Annex III - Reduced rate of VAT applicable to the letting of places on camping or caravan sites - Question of whether that reduced rate is applicable to the letting of boat moorings in a marina - Comparison with the letting of premises and sites for the parking of vehicles - Equal treatment - Principle of fiscal neutrality)
(2020/C 61/19)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant: Segler-Vereinigung Cuxhaven eV

Respondent: Finanzamt Cuxhaven

Operative part of the judgment

Article 98(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with point 12 of Annex III thereto, must be interpreted as meaning that the reduced rate of value added tax, envisaged in that provision, for the letting of places on camping or caravan sites is not applicable to the letting of boat moorings.


(1)  OJ C 82, 4.3.2019.
Case T-729/18: Judgment of the General Court of 19 December 2019 — El Corte Inglés v EUIPO — Lloyd Shoes (LLOYD) (EU trade mark — Opposition proceedings — Application for the EU figurative mark LLOYD — Earlier EU figurative mark LLOYD’S — Relative ground for refusal — No likelihood of confusion — No similarity between the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-12-19
Institutions: General Court
Subjects: EU trade mark, clothing, distance selling, footwear industry, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2020061EN.01003101.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/31






Judgment of the General Court of 19 December 2019 — El Corte Inglés v EUIPO — Lloyd Shoes (LLOYD)
(Case T-729/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark LLOYD - Earlier EU figurative mark LLOYD’S - Relative ground for refusal - No likelihood of confusion - No similarity between the goods and services - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 61/38)
Language of the case: English

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J.F. 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: Lloyd Shoes GmbH (Sulingen, Germany) (represented by: M. Stöckel, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 13 September 2018 (Case R 2385/2017-1), relating to opposition proceedings between El Corte Inglés and Lloyd Shoes.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders El Corte Inglés, SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);











3.



Orders Lloyd Shoes GmbH to bear its own costs.







(1)  OJ C 44, 4.2.2019.
Case C-532/18: Judgment of the Court (Fourth Chamber) of 19 December 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — GN, represented for legal purposes by HM v ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Air carrier liability in the event of accidents — Concept of ‘accident’ — Aircraft in flight — Spillage of a cup of coffee placed on the tray table of a seat — Bodily injuries caused to the passenger)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: air transport, carrier, liability, transport accident, trauma, traveller








C_2020061EN.01001301.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/13






Judgment of the Court (Fourth Chamber) of 19 December 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — GN, represented for legal purposes by HM v ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH
(Case C-532/18) (1)

(Reference for a preliminary ruling - Air transport - Montreal Convention - Article 17(1) - Air carrier liability in the event of accidents - Concept of ‘accident’ - Aircraft in flight - Spillage of a cup of coffee placed on the tray table of a seat - Bodily injuries caused to the passenger)
(2020/C 61/14)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: GN, represented for legal purposes by HM

Defendant: ZU, acting as administrator in the insolvency of Niki Luftfahrt GmbH

Operative part of the judgment

Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001, must be interpreted as meaning that the concept of ‘accident’ within the meaning of that provision covers all situations occurring on board an aircraft in which an object used when serving passengers has caused bodily injury to a passenger, without it being necessary to examine whether those situations stem from a hazard typically associated with aviation.


(1)  OJ C 427, 26.11.2018.