do-me/EUR-LEX huggingface dataset:
Case T-356/20: Action brought on 8 June 2020 — Jiruš v EUIPO — Nile Clothing (Racing Syndicate)
Date: 2020-06-08
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, road safety, safety device, sports equipment, trade-mark law








C_2020255EN.01002701.xml










3.8.2020   


EN


Official Journal of the European Union


C 255/27






Action brought on 8 June 2020 — Jiruš v EUIPO — Nile Clothing (Racing Syndicate)
(Case T-356/20)
(2020/C 255/35)
Language of the case: English

Parties


Applicant: Václav Jiruš (Vitín, Czech Republic) (represented by: J. Zedníková, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Nile Clothing AG (Sutz, Switzerland)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark Racing Syndicate — European Union trade mark No 11 801 065

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 31 March 2020 in Case R 1488/2019-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and refer the case back for reconsideration;










—


oblige the other party to the proceedings before the Board of Appeal to compensate the applicant for all costs of proceedings.





Pleas in law







—


Infringement of Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-23/19: Order of the General Court of 8 June 2020 — Limango v EUIPO — Consolidated Artists (limango)
Date: 2020-06-08
Institutions: General Court
Subjects: EU trade mark, clothing, delivery, electronic commerce, provision of services, purchase, registered trade mark, telecommunications, trade intermediary, trade-mark law








C_2020262EN.01003801.xml










10.8.2020   


EN


Official Journal of the European Union


C 262/38






Order of the General Court of 8 June 2020 — Limango v EUIPO — Consolidated Artists (limango)
(Case T-23/19) (1)

(2020/C 262/51)
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 93, 11.3.2019.
Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by Poland COVID-19 outbreak (Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10)) 2020/C 190 I/01
Date: 2020-06-08
Institutions: European Commission
Subjects: Poland, drivers, epidemic, infectious disease, rail transport, recognition of vocational training qualifications, traffic regulations, transport regulations, transport safety, vocational training








CI2020190EN.01000101.xml










8.6.2020   


EN


Official Journal of the European Union


CI 190/1






Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by Poland
COVID-19 outbreak


(Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10))


(2020/C 190 I/01)
In addition to the information transmitted by Poland to the Commission on 29 May 2020 and reflected in the notice published in the OJ C 183 I, 3.6.2020, p. 1, Poland has informed the Commission of the following:

Notification by: Poland
In conformity with the relevant provisions of Regulation (EU) 2020/698, Poland informed the Commission on 3 June 2020 that it has decided not to apply certain provisions of the Regulation (EU) 2020/698.

Provisions of Regulation (EU) 2020/698 that Poland has decided not to apply:







—


Article 11(1) concerning the renewal of licences of train drivers under Directive 2007/59/EC of the European Parliament and of the Council (1);










—


Article 11(2) concerning the completion of periodic checks of train drivers under Directive 2007/59/EC.






(1)  Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (OJ L 315, 3.12.2007, p. 51).
Case T-77/20 R: Order of the President of the General Court of 8 June 2020 — Ascenza Agro v Commission (Application for interim relief — Plant protection products — Regulation (EC) No 1107/2009 — Implementing regulation (EU) 2020/17 — Non-renewal of approval of the active substance chlorpyriphos-methyl — Application for suspension of operation of a measure — Lack of any urgency — Serious and irreparable damage — Absence)
Date: 2020-06-08
Institutions: General Court
Subjects: European Food Safety Authority, United Kingdom, market approval, plant health control, scientific committee (EU), toxic substance, transparency in decision-making, withdrawal from the EU








C_2020255EN.01001802.xml










3.8.2020   


EN


Official Journal of the European Union


C 255/18






Order of the President of the General Court of 8 June 2020 — Ascenza Agro v Commission
(Case T-77/20 R)
(Application for interim relief - Plant protection products - Regulation (EC) No 1107/2009 - Implementing regulation (EU) 2020/17 - Non-renewal of approval of the active substance chlorpyriphos-methyl - Application for suspension of operation of a measure - Lack of any urgency - Serious and irreparable damage - Absence)
(2020/C 255/24)
Language of the case: English

Parties


Applicant: Ascenza Agro, SA (Setúbal, Portugal) (represented by: K. Van Maldegem, P. Sellar, lawyers, and G. McElwee, Solicitor)

Defendant: European Commission (represented by: A. Dawes, F. Castilla Contreras and I. Naglis, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of Commission Implementing Regulation (EU) 2020/17 of 10 January 2020 concerning the non-renewal of the approval of the active substance chlorpyrifos-methyl, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2020 L 7, p. 11).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case C-242/20: Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (Croatia) lodged on 8 June 2020 — HRVATSKE Šume d.o.o., Zagreb, as the legal successor to HRVATSKE ŠUME javno poduzeće za gospodarenje šumama i šumskim zemljištima u Republici Hrvatskoj, p.o. Zagreb v BP EUROPA SE, as the legal successor to DEUTSCHE BP AG, as the legal successor to THE BURMAH OIL (Deutschland), GmbH
Date: 2020-06-08
Institutions: Court of Justice
Subjects: contractual liability, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction, legal domicile








C_2020262EN.01002001.xml










10.8.2020   


EN


Official Journal of the European Union


C 262/20






Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (Croatia) lodged on 8 June 2020 — HRVATSKE Šume d.o.o., Zagreb, as the legal successor to HRVATSKE ŠUME javno poduzeće za gospodarenje šumama i šumskim zemljištima u Republici Hrvatskoj, p.o. Zagreb v BP EUROPA SE, as the legal successor to DEUTSCHE BP AG, as the legal successor to THE BURMAH OIL (Deutschland), GmbH
(Case C-242/20)
(2020/C 262/26)
Language of the case: Croatian

Referring court

Visoki trgovački sud Republike Hrvatske

Parties to the main proceedings


Applicant: HRVATSKE Šume d.o.o., Zagreb, as the legal successor to HRVATSKE ŠUME javno poduzeće za gospodarenje šumama i šumskim zemljištima u Republici Hrvatskoj, p.o. Zagreb

Defendant: BP EUROPA SE, as the legal successor to DEUTSCHE BP AG, as the legal successor to THE BURMAH OIL (Deutschland), GmbH

Questions referred







1.


Do actions for recovery of sums unduly paid by way of unjust enrichment fall within the basic jurisdiction established in Council Regulation (EC) No 44/2001 (1)… in respect of ‘quasi-delicts’ since Article 5(3) thereof provides inter alia:: ‘A person domiciled in a Member State may, in another Member State, be sued … in matters relating to … quasi-delict, in the courts for the place where the harmful event occurred or may occur’?










2.


Since there is a time limit on seeking recovery of sums unduly paid in the same judicial enforcement proceedings, do civil proceedings which have been initiated fall within exclusive jurisdiction under Article 22(5) of Council Regulation (EC) No 44/2001 … which provides that in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced is to have exclusive jurisdiction, regardless of domicile?






(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
Case T-359/20: Action brought on 8 June 2020 — Team Beverage v EUIPO — Zurich Deutscher Herold Lebensversicherung (Team Beverage)
Date: 2020-06-08
Institutions: General Court
Subjects: EU trade mark, advertising, consultancy, insurance, logistics, publishing, registered trade mark, service, telecommunications, trade-mark law








C_2020255EN.01002801.xml










3.8.2020   


EN


Official Journal of the European Union


C 255/28






Action brought on 8 June 2020 — Team Beverage v EUIPO — Zurich Deutscher Herold Lebensversicherung (Team Beverage)
(Case T-359/20)
(2020/C 255/36)
Language in which the application was lodged: German

Parties


Applicant: Team Beverage AG (Bremen, Germany) (represented by: O. Spieker, A. Schönfleisch, N. Willich und N. Achilles, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Zurich Deutscher Herold Lebensversicherung AG (Bonn, Germany)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU word mark Team Beverage — Application for registration No 17 665 704

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 8 April 2020 in Case R 2727/2019-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Articles 18 and 47 of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 10 of 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.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 5 June 2020 2020/C 190/02
Date: 2020-06-08
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020190EN.01000301.xml










8.6.2020   


EN


Official Journal of the European Union


C 190/3






Euro exchange rates (1)

5 June 2020
(2020/C 190/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1330 




JPY


Japanese yen


123,77 




DKK


Danish krone


7,4564 




GBP


Pound sterling


0,89448 




SEK


Swedish krona


10,4250 




CHF


Swiss franc


1,0866 




ISK


Iceland króna


148,90 




NOK


Norwegian krone


10,5403 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,589 




HUF


Hungarian forint


344,62 




PLN


Polish zloty


4,4425 




RON


Romanian leu


4,8382 




TRY


Turkish lira


7,6747 




AUD


Australian dollar


1,6227 




CAD


Canadian dollar


1,5237 




HKD


Hong Kong dollar


8,7809 




NZD


New Zealand dollar


1,7392 




SGD


Singapore dollar


1,5775 




KRW


South Korean won


1 365,57 




ZAR


South African rand


19,0823 




CNY


Chinese yuan renminbi


8,0349 




HRK


Croatian kuna


7,5715 




IDR


Indonesian rupiah


15 882,40 




MYR


Malaysian ringgit


4,8345 




PHP


Philippine peso


56,457 




RUB


Russian rouble


77,8155 




THB


Thai baht


35,650 




BRL


Brazilian real


5,7329 




MXN


Mexican peso


24,6466 




INR


Indian rupee


85,6300 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.9849 – Banco Santander/Aegon/Popular Vida) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 190/05
Date: 2020-06-08
Institutions: Directorate-General for Competition, European Commission
Subjects: bank, economic concentration, insurance company, merger control, parent company








C_2020190EN.01000601.xml










8.6.2020   


EN


Official Journal of the European Union


C 190/6






Prior notification of a concentration
(Case M.9849 – Banco Santander/Aegon/Popular Vida)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 190/05)

1.   
On 28 May 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:






—


Banco Santander, S.A. (‘Banco Santander’, Spain),










—


Aegon N.V. (‘Aegon’, Netherlands),










—


Popular Vida 2020, Compañía de Seguros y Reaseguros, S.A.U. (‘Popular Vida’, Spain), controlled by Banco Santander.




Aegon acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Popular Vida.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Banco Santander: a Spanish bank and the parent company of an international group of banking and financial companies operating principally in European countries, Latin America and the United States/Puerto Rico,










—


for Aegon: the parent company of a group of insurance companies listed in Amsterdam and New York, active worldwide, mainly in the United States, the Netherlands and the United Kingdom,










—


for Popular Vida: a company active in the life-insurance market in Spain. Its main distribution channel is the commercial network of Banco Santander.






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.9849 – Banco Santander/Aegon/Popular Vida
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 (CFSP) 2020/755 of 8 June 2020 amending Decision (CFSP) 2016/2383 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
Date: 2020-06-08
Institutions: Council of the European Union
Subjects: EU aid, EU strategy, International Atomic Energy Agency, international cooperation, non-proliferation of arms, nuclear non-proliferation, nuclear safety, weapon of mass destruction








LI2020179EN.01000201.xml










9.6.2020   


EN


Official Journal of the European Union


LI 179/2








            COUNCIL DECISION (CFSP) 2020/755
of 8 June 2020
         
amending Decision (CFSP) 2016/2383 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 31(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 21 December 2016 the Council adopted Decision (CFSP) 2016/2383 (1), which provides for a 36-month implementation period from the date of conclusion of the financing agreement referred to in that Decision, for the activities referred to in Article 1 thereof.












(2)


The financing agreement with the International Atomic Energy Agency (IAEA) was signed on 15 June 2017 and, therefore, expires on 14 June 2020.












(3)


On 8 May 2020, the IAEA requested an extension of the implementation period and of the contracting deadline of Decision (CFSP) 2016/2383 from 36 to 42 months, until 14 December 2020. The requested extension is due to the COVID-19 pandemic and the temporary suspension of all non-critical travel and meetings until 1 June 2020, including those to be held in Vienna, which require the participation of non-resident experts.












(4)


The continuation of the activities referred to in Article 1 of Decision (CFSP) 2016/2383 can be performed without any financial resource implication until 14 December 2020.












(5)


Decision (CFSP) 2016/2383 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 5(2) of Decision (CFSP) 2016/2383 is replaced by the following:
‘This Decision shall expire on 14 December 2020.’.


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




Done at Brussels, 8 June 2020.


For the Council


The President

A. METELKO-ZGOMBIĆ
            





(1)  Council Decision (CFSP) 2016/2383 of 21 December 2016 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (OJ L 352, 23.12.2016, p. 74).
Council Decision (CFSP) 2020/754 of 8 June 2020 extending the mandate of the Head of Mission of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)
Date: 2020-06-08
Institutions: Council of the European Union
Subjects: EU police mission, Ukraine, public safety








LI2020179EN.01000101.xml










9.6.2020   


EN


Official Journal of the European Union


LI 179/1








            COUNCIL DECISION (CFSP) 2020/754
of 8 June 2020
         
extending the mandate of the Head of Mission of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Articles 42(4) and 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 22 July 2014, the Council adopted Decision 2014/486/CFSP (1) on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine).












(2)


On 13 May 2019, the Council adopted Decision (CFSP) 2019/761 (2) extending the mandate of the Mission until 31 May 2021.












(3)


On 4 June 2019, the Political and Security Committee adopted Decision (CFSP) 2019/992 (3) appointing Mr Antti HARTIKAINEN as Head of Mission for the period from 1 July 2019 until 30 June 2020.












(4)


On 14 May 2020, the Political and Security Committee agreed that Mr Antti HARTIKAINEN should continue to perform this function until 31 May 2021,





HAS ADOPTED THIS DECISION:



Article 1
The mandate of Mr Antti HARTIKAINEN as Head of Mission of EUAM Ukraine is hereby extended until 31 May 2021.


Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 July 2020.




Done at Brussels, 8 June 2020.


For the Council


The President

A. METELKO-ZGOMBIĆ
            





(1)  Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 217, 23.7.2014, p. 42).

(2)  Council Decision (CFSP) 2019/761 of 13 May 2019 amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 125, 14.5.2019, p. 16).

(3)  Political and Security Committee Decision (CFSP) 2019/992 of 4 June 2019 on the appointment of the Head of Mission of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (EUAM Ukraine/1/2019) (OJ L 160, 18.6.2019, p. 24).
Case T-77/20 RII: Order of the President of the General Court of 8 June 2020 — Industrias Afrasa v Commission (Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Implementing Regulation (EU) 2020/17 — Non-renewal of approval of the active substance chlorpyrifos-methyl — Application for suspension of operation of a measure — Lack of urgency — Serious and irreparable harm — None)
Date: 2020-06-08
Institutions: General Court
Subjects: European Food Safety Authority, United Kingdom, market approval, plant health control, scientific committee (EU), toxic substance, transparency in decision-making, withdrawal from the EU








C_2020255EN.01001901.xml










3.8.2020   


EN


Official Journal of the European Union


C 255/19






Order of the President of the General Court of 8 June 2020 — Industrias Afrasa v Commission
(Case T-77/20 RII)
(Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Implementing Regulation (EU) 2020/17 - Non-renewal of approval of the active substance chlorpyrifos-methyl - Application for suspension of operation of a measure - Lack of urgency - Serious and irreparable harm - None)
(2020/C 255/25)
Language of the case: English

Parties


Applicant: Industrias Afrasa, SA (Paterna, Spain) (represented by: K. Van Maldegem, P. Sellar, lawyers, and G. McElwee, Solicitor)

Defendant: European Commission (represented by: A. Dawes, F. Castilla Contreras and I. Naglis, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of Commission Implementing Regulation (EU) 2020/17 of 10 January 2020 concerning the non-renewal of approval of the active substance chlorpyrifos-methyl, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2020 L 7, p. 11).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.