do-me/EUR-LEX huggingface dataset:
Case T-333/20: Action brought on the 1st of June 2020 — Fidia farmaceutici v EUIPO — Giuliani (IALO TSP)
Date: 2020-06-01
Institutions: General Court
Subjects: EU trade mark, chemical product, cosmetic product, dietary product, registered trade mark, trade-mark law, vitamin








C_2020255EN.01002401.xml










3.8.2020   


EN


Official Journal of the European Union


C 255/24






Action brought on the 1st of June 2020 — Fidia farmaceutici v EUIPO — Giuliani (IALO TSP)
(Case T-333/20)
(2020/C 255/31)
Language of the case: English

Parties


Applicant: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Giuliani SpA (Milano, Italy)

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 word mark IALO TSP — Application for registration No 17 676 271

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 17 March 2020 in Case R 2107/2019-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs; in the alternative, if the other party before the Board of Appeal intervenes, order EUIPO and the intervener jointly and severally to pay the costs.





Pleas in law







—


Infringement of Article 165(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Articles 32(f) and 39(5) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Article 166(4)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Articles 32(f) and 39(5) of the Commission Delegated Regulation (EU) 2018/625;










—


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










—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the failure to state reasons in the contested decision of the Board of Appeal;










—


Infringement of the principles of equal treatment and sound administration.
Case C-227/20: Action brought on 1 June 2020 — European Commission v Italian Republic
Date: 2020-06-01
Institutions: Court of Justice
Subjects: biodiversity, exploitation of resources, genetics, international convention, national implementing measure, plant variety right, protocol to an agreement, sanction (EU)








C_2020255EN.01001301.xml










3.8.2020   


EN


Official Journal of the European Union


C 255/13






Action brought on 1 June 2020 — European Commission v Italian Republic
(Case C-227/20)
(2020/C 255/16)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: R. Trico and G. Gattinara, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing to adopt the rules on penalties applicable to infringements of Articles 4 and 7 of Regulation No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union, (1) by failing to adopt all the measures necessary to ensure that those rules are applied and that the penalties provided for are effective, proportionate and dissuasive, and by failing to notify the Commission of those rules on penalties by 11 June 2015, the Italian Republic has failed to fulfil its obligations under Article 11 of Regulation No 511/2014;










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The Commission claims that the measures specifying penalties for infringement of Articles 4 and 7 of Regulation No 511/2014 have not yet been adopted by the Italian Republic, despite the fact that, first, those measures should have been laid down in the national legislation of the Member States since 11 June 2014 and, second, those measures should have been followed by the Member States implementing ‘all the measures necessary to ensure that they are applied’, as stated in the last sentence of Article 11(1) of Regulation No 511/2014.
Furthermore, the infringement of Article 11 of that regulation also concerns the Italian Republic’s failure to notify the Commission of the measures on penalties. In that regard, according to the final paragraph of Article 11 of Regulation No 511/2014, the Italian Republic was obliged to notify the Commission of the rules ‘referred to in paragraph 1’ of that provision, that is to say the ‘rules on penalties applicable to infringements of Articles 4 and 7’ by 11 June 2015.


(1)  OJ 2014 L 150, p. 59.
Commission Regulation (EU) 2020/747 of 1 June 2020 establishing a fisheries closure for bluefin tuna in specific archipelagos for artisanal vessels flying the flag of Portugal
Date: 2020-06-01
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Ionian Sea, Portugal, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2020178EN.01000101.xml










8.6.2020   


EN


Official Journal of the European Union


L 178/1








            COMMISSION REGULATION (EU) 2020/747
of 1 June 2020
         
establishing a fisheries closure for bluefin tuna in specific archipelagos for artisanal vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2020/123 (2) lays down quotas for 2020.












(2)


According to the information received by the Commission, catches of the stock of bluefin tuna in specific archipelagos by artisanal vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2020.












(3)


It is therefore necessary to prohibit certain fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to Portugal for the stock of bluefin tuna in specific archipelagos for 2020 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by artisanal vessels flying the flag of or registered in Portugal shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those artisanal vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 1 June 2020.


For the Commission,


On behalf of the President,

Virginijus SINKEVIČIUS
            

Member of the Commission






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).




ANNEX






No


06/TQ/123




Member State


Portugal (Artisanal vessels)




Stock


BFT/AVARCH




Species


Bluefin tuna (Thunnus thynnus)




Zone


Specific archipelagos in Greece (Ionian Islands), Spain (Canary Islands) and Portugal (Azores and Madeira)




Closing date


15.5.2020