do-me/EUR-LEX huggingface dataset:
Case T-99/20: Action brought on 19 February 2020 — Golvabia Innovation v EUIPO (MaxWear)
Date: 2020-02-19
Institutions: General Court
Subjects: EU trade mark, floor coverings, registered trade mark, trade-mark law








C_2020129EN.01000802.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/8






Action brought on 19 February 2020 — Golvabia Innovation v EUIPO (MaxWear)
(Case T-99/20)
(2020/C 129/09)
Language of the case: Swedish

Parties


Applicant: Golvabia Innovation (Anderstorp, Sweden) (represented by: D. Thorbjörnsson, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for registration of EU word mark MaxWear — Application for registration No 17 953 494

Contested decision: Decision of the First Board of Appeal of EUIPO of 19 December 2019 in Case R 888/2019-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


grant registration of the trade mark ‘MaxWear’ for the goods sought, and










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) and 7(2) of Regulation 2017/1001 of the European Parliament and of the Council.
Political and Security Committee Decision (CFSP) 2020/289 of 19 February 2020 on the appointment of the EU Operation Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (EUNAVFOR MED/1/2020)
Date: 2020-02-19
Institutions: Political and Security Committee
Subjects: EU military mission, Mediterranean Sea, Mediterranean region (EU), appointment of members, military personnel








L_2020061EN.01000401.xml










2.3.2020   


EN


Official Journal of the European Union


L 61/4








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2020/289
of 19 February 2020
         
on the appointment of the EU Operation Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (EUNAVFOR MED/1/2020)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,


Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (1), and in particular Article 6 thereof,

Whereas:







(1)


Pursuant to Article 6(1) of Decision (CFSP) 2015/778, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Operation Commander for EUNAVFOR MED operation SOPHIA ('EU Operation Commander').












(2)


On 18 May 2015, the Council adopted Decision (CFSP) 2015/778 appointing Rear Admiral Enrico CREDENDINO as EU Operation Commander.












(3)


The Italian Military Authorities have proposed the nomination of Rear Admiral Fabio AGOSTINI to succeed Rear Admiral Enrico CREDENDINO as EU Operation Commander.












(4)


On 3 February 2020, the European Union Military Committee supported this proposal and agreed to the nomination of Rear Admiral Fabio AGOSTINI as EU Operation Commander as from 21 February 2020.












(5)


In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,





HAS ADOPTED THIS DECISION:



Article 1
Rear Admiral Fabio AGOSTINI is hereby appointed as EU Operation Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) as from 21 February 2020.


Article 2
This Decision shall enter into force on 21 February 2020.




Done at Brussels, 19 February 2020.


For the Political and Security Committee


The Chairperson

S. FROM-EMMESBERGER
            





(1)  
            OJ L 122, 19.5.2015, p. 31.
Prior notification of a concentration (Case: M.9623—AMG/Shell/JV) (Text with EEA relevance) 2020/C 56/08
Date: 2020-02-19
Institutions: Directorate-General for Competition, European Commission
Subjects: anti-pollution device, economic concentration, mechanical engineering, merger control, natural gas, oil industry, recycling technology, special metal, used goods








C_2020056EN.01000901.xml










19.2.2020   


EN


Official Journal of the European Union


C 56/9






Prior notification of a concentration
(Case: M.9623—AMG/Shell/JV)
(Text with EEA relevance)
(2020/C 56/08)

1.   
On 12 February 2020, 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:






—


AMG Advanced Metallurgical Group N.V. (‘AMG’, the Netherlands),










—


Shell Overseas Investments B.V. (‘SOI’, the Netherlands), a subsidiary of Royal Dutch Shell plc (‘Shell’, United Kingdom),










—


Shell & AMG Recycling B.V. (‘S&AR’, the Netherlands).




AMG and Shell acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of S&AR.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:






—


AMG is a global specialty metals and engineering group. It is also active in recycling spent resid catalysts, generated from crude oil processing by refineries, in North America and selling of the metals extracted through the recycling process,










—


Shell is a global group of entities active in the exploration, development and production of oil and gas. It also supplies fresh resid catalysts for use in the refining and petrochemical processing industries,










—


S&AR will be active, outside North America, in recycling spent resid catalysts and selling of the metals extracted through the recycling process.






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.



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.9623—AMG/Shell/JV
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’).
Case T-97/20: Action brought on 19 February 2020 — Kande Mupompa v Council
Date: 2020-02-19
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, human rights, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020129EN.01000801.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/8






Action brought on 19 February 2020 — Kande Mupompa v Council
(Case T-97/20)
(2020/C 129/08)
Language of the case: French

Parties


Applicant: Alex Kande Mupompa (Kinshasha, Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2019/2109 of 9 December 2019, in so far as the applicant’s name is maintained at No 8 in Annex II to Decision 2010/788/CFSP;










—


annul Council Implementing Regulation (EU) 2019/2101 of 9 December 2019, in so far as the applicant’s name is maintained at No 8 in Annex Ia to Regulation (EC) No 1183/2005;










—


rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) [No 1183/2005] are unlawful;










—


order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are, in essence, identical or similar to those raised in Case T-95/20, Kazembe Musonda v Council.
Case T-107/20: Action brought on 19 February 2020 — Boshab v Council
Date: 2020-02-19
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, human rights, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020129EN.01001301.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/13






Action brought on 19 February 2020 — Boshab v Council
(Case T-107/20)
(2020/C 129/16)
Language of the case: French

Parties


Applicant: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2019/2109 of 9 December 2019, in so far as the applicant’s name is maintained at No 7 in Annex II to Decision 2010/788/CFSP;










—


annul Council Implementing Regulation (EU) 2019/2101 of 9 December 2019, in so far as the applicant’s name is maintained at No 7 in Annex Ia to Regulation (EC) No 1183/2005;










—


rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) [No 1183/2005] are unlawful;










—


order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are, in essence, identical or similar to those raised in Case T-95/20, Kazembe Musonda v Council.
Case T-95/20: Action brought on 19 February 2020 — Kazembe Musonda v Council
Date: 2020-02-19
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, human rights, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020129EN.01000701.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/7






Action brought on 19 February 2020 — Kazembe Musonda v Council
(Case T-95/20)
(2020/C 129/07)
Language of the case: French

Parties


Applicant: Jean-Claude Kazembe Musonda (Lubumbashi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2019/2109 of 9 December 2019, in so far as the applicant’s name is maintained at No 9 in Annex II to Decision 2010/788/CFSP;










—


annul Council Implementing Regulation (EU) 2019/2101 of 9 December 2019, in so far as the applicant’s name is maintained at No 9 in Annex Ia to Regulation (EC) No 1183/2005;










—


rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) [No 1183/2005] are unlawful;










—


order the Council to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of the rights of the defence, including breach of the obligation to state reasons justifying the measures and ensuring effective judicial protection, and breach of the right to be heard.










2.


Second plea in law, alleging a manifest error of assessment as regards the involvement of the applicant in acts constituting serious human rights violations in the Democratic Republic of the Congo.










3.


Third plea in law, alleging infringement of the right to privacy, the presumption of innocence and the principle of proportionality.










4.


Fourth plea in law, alleging that the provisions of Article 3(2)(b) of Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ 2010 L 336, p. 30) and of Article 2b(1)(b) of Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2005 L 193, p. 1) are inapplicable. In that regard, the applicant submits that the legal criterion, as defined in those articles, on which the inclusion of his name on the lists at issue is based, infringes the principle of foreseeability of EU acts and the principle of proportionality in so far as it confers arbitrary and discretionary power on the Council.
Prior notification of a concentration (Case M.9740 — ISQ/Rubis/Rubis Terminal) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 56/09
Date: 2020-02-19
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, fuel, investment company, merger control, storage, storage of hydrocarbons, wholesale selling








C_2020056EN.01001001.xml










19.2.2020   


EN


Official Journal of the European Union


C 56/10






Prior notification of a concentration
(Case M.9740 — ISQ/Rubis/Rubis Terminal)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 56/09)

1.   
On 12 February 2020, 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:






—


I Squared Capital Advisors LLC (‘ISQ’, United States),










—


Rubis SCA (‘Rubis’, France),










—


Rubis Terminal S.A. (‘Rubis Terminal’, France), currently controlled by Rubis.




ISQ acquires within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Rubis Terminal, alongside Rubis.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for ISQ: investment company focusing on sectors such as energy, utilities, telecommunication and transport at a global level.










—


for Rubis: company specialised in the distribution of petroleum products and storage of liquid products (including petroleum products, chemicals, agricultural products and fertilizers) at a global level.










—


for Rubis Terminal: business division of Rubis that mainly operates bulk storage terminals in Belgium, France, the Netherlands and Turkey.






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.9740 — ISQ/Rubis/Rubis Terminal
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.
Case T-109/20: Action brought on 19 February 2020 — Numbi v Council
Date: 2020-02-19
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, human rights, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020129EN.01001401.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/14






Action brought on 19 February 2020 — Numbi v Council
(Case T-109/20)
(2020/C 129/18)
Language of the case: French

Parties


Applicant: John Numbi (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2019/2109 of 9 December 2019, in so far as the applicant’s name is maintained at No 5 in Annex II to Decision 2010/788/CFSP;










—


annul Council Implementing Regulation (EU) 2019/2101 of 9 December 2019, in so far as the applicant’s name is maintained at No 5 in Annex Ia to Regulation (EC) No 1183/2005;










—


rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) [No 1183/2005] are unlawful;










—


order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are, in essence, identical or similar to those raised in Case T-95/20, Kazembe Musonda v Council.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 18 February 2020 2020/C 56/04
Date: 2020-02-19
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020056EN.01000401.xml










19.2.2020   


EN


Official Journal of the European Union


C 56/4






Euro exchange rates (1)

18 February 2020
(2020/C 56/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0816 




JPY


Japanese yen


118,70 




DKK


Danish krone


7,4702 




GBP


Pound sterling


0,82985 




SEK


Swedish krona


10,5498 




CHF


Swiss franc


1,0619 




ISK


Iceland króna


137,70 




NOK


Norwegian krone


10,0883 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,898 




HUF


Hungarian forint


334,83 




PLN


Polish zloty


4,2746 




RON


Romanian leu


4,7823 




TRY


Turkish lira


6,5643 




AUD


Australian dollar


1,6195 




CAD


Canadian dollar


1,4345 




HKD


Hong Kong dollar


8,4024 




NZD


New Zealand dollar


1,6921 




SGD


Singapore dollar


1,5058 




KRW


South Korean won


1 288,74 




ZAR


South African rand


16,2792 




CNY


Chinese yuan renminbi


7,5732 




HRK


Croatian kuna


7,4440 




IDR


Indonesian rupiah


14 780,06 




MYR


Malaysian ringgit


4,4919 




PHP


Philippine peso


54,799 




RUB


Russian rouble


68,9685 




THB


Thai baht


33,773 




BRL


Brazilian real


4,7009 




MXN


Mexican peso


20,1596 




INR


Indian rupee


77,3900 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.9754 — KII/INFOR) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 56/10
Date: 2020-02-19
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, cloud computing, economic concentration, goods and services, merger control, pollution control measures, private sector, software, technology








C_2020056EN.01001101.xml










19.2.2020   


EN


Official Journal of the European Union


C 56/11






Prior notification of a concentration
(Case M.9754 — KII/INFOR)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 56/10)

1.   
On 12 February 2020, 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:






—


Koch Industries, Inc. (‘KII’, United States),










—


Infor, Inc. (‘Infor’, United States), currently jointly controlled by Koch Industries Inc. and Golden Gate Private Equity, Inc.




KII acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Infor.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for KII: privately held corporation that owns a diverse group of companies involved in refining and chemicals, process and pollution control equipment and technologies, minerals, fertilizers, commodity trading and services, polymers and fibers, glass, forest and consumer products, electronic components, ranching, printing and packing, enterprise software and investments.










—


for Infor: international provider of enterprise resource planning software and related services globally.






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.9754 — KII/INFOR
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.
Case T-105/20: Action brought on 19 February 2020 — Ruhorimbere v Council
Date: 2020-02-19
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, human rights, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020129EN.01001102.xml










20.4.2020   


EN


Official Journal of the European Union


C 129/11






Action brought on 19 February 2020 — Ruhorimbere v Council
(Case T-105/20)
(2020/C 129/14)
Language of the case: French

Parties


Applicant: Éric Ruhorimbere (Mbuji-Mayi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2019/2109 of 9 December 2019, in so far as the applicant’s name is maintained at No 10 in Annex II to Decision 2010/788/CFSP;










—


annul Council Implementing Regulation (EU) 2019/2101 of 9 December 2019, in so far as the applicant’s name is maintained at No 10 in Annex Ia to Regulation (EC) No 1183/2005;










—


rule that the provisions of Article 3(2)(b) of Decision 2010/788/CFSP and Article 2b(1)(b) of Regulation (EC) [No 1183/2005] are unlawful;










—


order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are, in essence, identical or similar to those raised in Case T-95/20, Kazembe Musonda v Council.