do-me/EUR-LEX huggingface dataset:
Case C-60/20: Request for a preliminary ruling from the Administratīvā apgabaltiesa lodged on 5 February 2020 — VAS ‘Latvijas dzelzceļš’ v Valsts dzelzceļa administrācija
Date: 2020-02-05
Institutions: Court of Justice
Subjects: building, lease, ownership, provision of services, rail transport, transport infrastructure








C_2020161EN.01003102.xml










11.5.2020   


EN


Official Journal of the European Union


C 161/31






Request for a preliminary ruling from the Administratīvā apgabaltiesa lodged on 5 February 2020 — VAS ‘Latvijas dzelzceļš’ v Valsts dzelzceļa administrācija
(Case C-60/20)
(2020/C 161/41)
Language of the case: Latvian

Referring court

Administratīvā apgabaltiesa

Parties to the main proceedings


Applicant: VAS ‘Latvijas dzelzceļš’

Defendant: Valsts dzelzceļa administrācija

Questions referred







1.


Can Article 13(2) and (6) of Directive 2012/34 (1) (Article 15(5) and (6) of Regulation 2017/2177) (2) apply in such a manner that the regulatory body can impose on the owner of an infrastructure, who is not the owner of the service facility, the obligation to ensure access to the services?










2.


Must Article 13(6) of Directive 2012/34 (Article 15(5) and (6) of Regulation 2017/2177) be interpreted as meaning that it permits the owner of a building to end a lease agreement and reconvert a service facility?










3.


Must Article 13(6) of Directive 2012/34 (Article 15(5) and (6) of Regulation 2017/2177) be interpreted as requiring the regulatory body to ascertain only whether the operator of the service facility (in the present case, the owner of the service facility) has in fact decided to reconvert that facility?






(1)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ 2012 L 343, p. 32).

(2)  Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (OJ 2017 L 307, p. 1).
Case T-44/19: Judgment of the General Court of 5 February 2020 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club) (EU trade mark — Opposition proceedings — Application for the EU figurative mark TC Touring Club — Earlier EU word mark TOURING CLUB ITALIANO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) of Regulation 2017/1001 — Additional evidence that was submitted for the first time before the Board of Appeal — Article 95(2) of Regulation 2017/1001 — Cross-claim)
Date: 2020-02-05
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, travel agency








C_2020095EN.01002801.xml










23.3.2020   


EN


Official Journal of the European Union


C 95/28






Judgment of the General Court of 5 February 2020 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club)
(Case T-44/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark TC Touring Club - Earlier EU word mark TOURING CLUB ITALIANO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Article 47(2) of Regulation 2017/1001 - Additional evidence that was submitted for the first time before the Board of Appeal - Article 95(2) of Regulation 2017/1001 - Cross-claim)
(2020/C 95/34)
Language of the case: English

Parties


Applicant: Globalia Corporación Empresarial, SA (Llucmajor, Spain) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Kusturovic, 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: Touring Club Italiano (Milan, Italy) (represented by: G. Guglielmetti, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 November 2018 (Case R 448/2018-4), relating to opposition proceedings between Touring Club Italiano and Globalia Corporación Empresarial.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Dismisses the cross-claim as inadmissible;










3.


With regard to the main action, orders Globalia Corporación Empresarial, SA, to pay the costs, including those incurred by Touring Club Italiano for the purposes of the proceedings before the Board of Appeal;










4.


With regard to the cross-claim, orders Touring Club Italiano to bear its own costs and to pay the costs incurred by Globalia Corporación Empresarial and by EUIPO.






(1)  OJ C 93, 11.3.2019.
Decision No 70/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 February 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/225]
Date: 2020-02-05
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, Sweden, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2020046EN.01000901.xml










19.2.2020   


EN


Official Journal of the European Union


L 46/9








            DECISION NO 70/2019 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 5 February 2020
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/225]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.









On behalf of the United States of America

James C. SANFORD
            

Signed in Washington, on 13 January 2020
               




On behalf of the European Union

Ignacio IRUARRIZAGA
            

Signed in Brussels, on 5 February 2020
               








ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility






TÜV SÜD Sverige AB
— At location Delta Development Technology AB:
Finnslatten Elektronikgatan 47
SE-721 36 Vasteras
SWEDEN
— At location Ericsson Kista:
Torshamnsgatan 23
SE-16480 Kista, Stockholm
SWEDEN
Decision No 67/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 February 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/222]
Date: 2020-02-05
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2020046EN.01000301.xml










19.2.2020   


EN


Official Journal of the European Union


L 46/3








            DECISION No 67/2019 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 5 February 2020
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/222]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.









On behalf of the United States of America

James C. SANFORD
            

Signed in Washington, on 13 January 2020
               




On behalf of the European Union

Ignacio IRUARRIZAGA
            

Signed in Brussels, on 5 February 2020
               








ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility






TÜV Rheinland Sweden AB
Mobilvägen 10
223 62 LUND
SWEDEN
Case T-72/20: Action brought on 5 February 2020 — Satabank v ECB
Date: 2020-02-05
Institutions: General Court
Subjects: bank, banking supervision, disclosure of information, financial control, financial supervision, principle of proportionality, right to information, right to justice, rights of the defence








C_2020129EN.01000302.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/3






Action brought on 5 February 2020 — Satabank v ECB
(Case T-72/20)
(2020/C 129/04)
Language of the case: English

Parties


Applicant: Satabank plc (St. Julians, Malta) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (ECB)

Form of order sought

The applicant claims that the Court should:






—


annul the ECB’s decision dated 26 November 2019 by which the ECB refuses to grant access to its file;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on eight pleas in law.






1.


First plea in law, alleging that the ECB failed to take into account the applicant’s primary substantive right of access to its file.










2.


Second plea in law, alleging that the ECB decision is based on an unduly narrow interpretation of Article 32(1) of Regulation (EU) No 468/2014 (1).










3.


Third plea in law, alleging that the ECB decision violated the applicant’s right to an adequately reasoned decision.










4.


Fourth plea in law, alleging a violation of the applicant’s right to be heard.










5.


Fifth plea in law, alleging a violation of the principle of legal certainty.










6.


Sixth plea in law, alleging a violation of the principle of proportionality.










7.


Seventh plea in law, alleging that the ECB violated the nemo auditur principle.










8.


Eighth plea in law, alleging a violation of the right to an effective remedy pursuant to Article 47 of the Charter on Fundamental Rights of the European Union.






(1)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (OJ 2014 L 141, p. 1).
Decision No 68/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 February 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/223]
Date: 2020-02-05
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2020046EN.01000501.xml










19.2.2020   


EN


Official Journal of the European Union


L 46/5








            DECISION No 68/2019 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 5 February 2020
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/223]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.









On behalf of the United States of America

James C. SANFORD
            

Signed in Washington, on 13 January 2020
               




On behalf of the European Union

Ignacio IRUARRIZAGA
            

Signed in Brussels, on 5 February 2020
               








ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility






Eleforss Oy
Visiokatu 6
FI-33720 TAMPERE
FINLAND
Case T-573/18: Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a shoe lace — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Protection of a right relating to an earlier design — Evidence submitted for the first time before the Court)
Date: 2020-02-05
Institutions: General Court
Subjects: EU trade mark, decorative item, footwear industry, plastics, registered trade mark, textile product, trade-mark law








C_2020095EN.01002502.xml










23.3.2020   


EN


Official Journal of the European Union


C 95/25






Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace)
(Case T-573/18) (1)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a shoe lace - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Protection of a right relating to an earlier design - Evidence submitted for the first time before the Court)
(2020/C 95/31)
Language of the case: English

Parties


Applicant: Hickies, Inc. (New York, New York, United States) (represented by: I. Fowler, Solicitor, and S. Petivlasova, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2018 (Case R 2693/2017-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a shoe lace as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hickies, Inc. to pay the costs.






(1)  OJ C 408, 12.11.2018.
Case T-331/19: Judgment of the General Court of 5 February 2020 — Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain) (EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2020-02-05
Institutions: General Court
Subjects: EU trade mark, clothing, decorative item, jewellery and goldsmith's articles, precious metal, precious stones, registered trade mark, trade-mark law








C_2020095EN.01003002.xml










23.3.2020   


EN


Official Journal of the European Union


C 95/30






Judgment of the General Court of 5 February 2020 — Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)
(Case T-331/19) (1)

(EU trade mark - Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2020/C 95/38)
Language of the case: French

Parties


Applicant: Pierre Balmain (Paris, France) (represented by: J.M. Iglesias Monravá and S. Mainar Roger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2019 (Case R 1223/2018-5), concerning an application for registration of a figurative sign representing a lion’s head encircled by rings forming a chain as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Pierre Balmain to pay the costs.






(1)  OJ C 246, 22.7.2019.
Decision No 69/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 February 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/224]
Date: 2020-02-05
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2020046EN.01000701.xml










19.2.2020   


EN


Official Journal of the European Union


L 46/7








            DECISION No 69/2019 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 5 February 2020
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/224]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.









On behalf of the United States of America

James C. SANFORD
            

Signed in Washington, on 13 January 2020
               




On behalf of the European Union

Ignacio IRUARRIZAGA
            

Signed in Brussels, on 5 February 2020
               








ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility






Seibersdorf Labor GmbH
An der B60
2444 Seibersdorf
AUSTRIA
Decision No 71/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 Febuary 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/226]
Date: 2020-02-05
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2020046EN.01001101.xml










19.2.2020   


EN


Official Journal of the European Union


L 46/11








            DECISION No 71/2019 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 5 Febuary 2020
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/226]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14,

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex,
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.









On behalf of the United States of America

James C. SANFORD
            

Signed in Washington, on 13 January 2020
               




On behalf of the European Union

Ignacio IRUARRIZAGA
            

Signed in Brussels, on 5 February 2020
               








ATTACHMENT A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility






Bureau Veritas Consumer Products Services Germany GmbH
European Compliance Laboratory (ECL)
Thurn-und-Taxis-Strasse 18
90411 Nürnberg
GERMANY