do-me/EUR-LEX huggingface dataset:
Explanatory Notes to the Combined Nomenclature of the European Union 2020/C 211/09
Date: 2020-06-25
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, tobacco








C_2020211EN.01001101.xml










25.6.2020   


EN


Official Journal of the European Union


C 211/11






Explanatory Notes to the Combined Nomenclature of the European Union
(2020/C 211/09)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 112, point 4 of the Explanatory note to CN subheading ‘

2403 99 90 Other

’ is replaced by the following:








‘4.


expanded tobacco (cut tobacco leaves or stems, which have been increased in size in a process of cellular expansion); it is not suitable to be smoked on its own and is used as a filler in the production of cut tobacco used in cigarettes (cut filler tobacco – CFT);’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.
Case C-131/19 P: Judgment of the Court (Eighth Chamber) of 25 June 2020 — European Commission v CX (Appeal — Civil Service — Disciplinary proceedings — Rights of the defence — Right to be heard — Annex IX to the Staff Regulations of Officials of the European Union — Article 4 — Opportunity for the official who cannot be heard to comment in writing or to be represented — Article 22 — Hearing of the official by the Appointing Authority prior to the adoption of the disciplinary penalty — Alleged inability of the official to be heard and to make written submissions or to be represented — Assessment of medical evidence — Failure of the General Court of the European Union to reply to arguments raised at first instance)
Date: 2020-06-25
Institutions: Court of Justice
Subjects: European official, disciplinary proceedings, dismissal, medical report, right to justice, rights of the defence, staff regulations (EU)








C_2020279EN.01001001.xml










24.8.2020   


EN


Official Journal of the European Union


C 279/10






Judgment of the Court (Eighth Chamber) of 25 June 2020 — European Commission v CX
(Case C-131/19 P) (1)

(Appeal - Civil Service - Disciplinary proceedings - Rights of the defence - Right to be heard - Annex IX to the Staff Regulations of Officials of the European Union - Article 4 - Opportunity for the official who cannot be heard to comment in writing or to be represented - Article 22 - Hearing of the official by the Appointing Authority prior to the adoption of the disciplinary penalty - Alleged inability of the official to be heard and to make written submissions or to be represented - Assessment of medical evidence - Failure of the General Court of the European Union to reply to arguments raised at first instance)
(2020/C 279/13)
Language of the case: French

Parties


Appellant: European Commission (represented by: G. Berscheid, T. S. Bohr and C. Ehrbar, acting as Agents)

Other party to the proceedings: CX (represented by: É. Boigelot, avocat)

Operative part of the judgment

The Court:






1.


Annuls the judgment of the General Court of 13 December 2018, CX v Commission (T-743/16 RENV, not published, EU:T:2018:937);










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 182, 27.5.2019.
Case T-659/18: Judgment of the General Court of 25 June 2020 — ZS v EIB (Civil service — Staff of the EIB — Health status — Partial disability — Time management — Unjustified absences — Reduced compensation — Liability)
Date: 2020-06-25
Institutions: General Court
Subjects: European official, absenteeism, allowances and expenses, disabled person, worker with disabilities




C_2020371EN.01000901.xml










3.11.2020   


EN


Official Journal of the European Union


C 371/9






Judgment of the General Court of 25 June 2020 — ZS v EIB
(Case T-659/18) (1)

(Civil service - Staff of the EIB - Health status - Partial disability - Time management - Unjustified absences - Reduced compensation - Liability)
(2020/C 371/06)
Language of the case: English

Parties


Applicant: ZS (represented by: B. Maréchal, lawyer)

Defendant: European Investment Bank (represented by: G. Faedo and M. Loizou, acting as Agents, and by J. Currall and B. Wägenbaur, lawyers)

Re:

Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, the annulment of the decisions of the ECB of 27 February and 22 December 2017 fixing the compensation payable to the applicant as a result of his disability and, secondly, compensation for the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Investment Bank (EIB) of 27 September 2017;










2.


Dismisses the action as to the remainder;










3.


Orders  ZS (*1) to pay half of his costs;










4.


Orders the EIB to pay, in addition to its own costs, half of the costs of  ZS (*1).






(1)  OJ C 4, 7.1.2019.

(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.
Case C-731/18 P: Judgment of the Court (Seventh Chamber) of 25 June 2020 — Bank for Development and Foreign Economic Affairs (Vnesheconombank) v Council of the European Union, European Commission (Appeal — Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine — Appellant’s name included and retained in the list of entities to which the restrictive measures apply — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection — Misuse of power — Right to property — Equal treatment)
Date: 2020-06-25
Institutions: Court of Justice
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, abuse of power, economic sanctions, equal treatment, international sanctions, ownership, right to justice








C_2020279EN.01000402.xml










24.8.2020   


EN


Official Journal of the European Union


C 279/4






Judgment of the Court (Seventh Chamber) of 25 June 2020 — Bank for Development and Foreign Economic Affairs (Vnesheconombank) v Council of the European Union, European Commission
(Case C-731/18 P) (1)

(Appeal - Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine - Appellant’s name included and retained in the list of entities to which the restrictive measures apply - Obligation to state reasons - Manifest error of assessment - Right to effective judicial protection - Misuse of power - Right to property - Equal treatment)
(2020/C 279/06)
Language of the case: Spanish

Parties


Appellant: Bank for Development and Foreign Economic Affairs (Vnesheconombank) (represented by: J. Viñals Camallonga and J. Iriarte Ángel, abogados)

Other parties to the proceedings: Council of the European Union (represented by: F. Florindo Gijón and P. Mahnič, acting as Agents), European Commission (represented initially by S. Pardo Quintillán, A. Tizzano and C. Zadra, and subsequently by S. Pardo Quintillán and J. Roberti di Sarsina, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Bank for Development and Foreign Economic Affairs (Vnesheconombank) to bear its own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 65, 18.2.2019.
Case T-295/19: Judgment of the General Court of 25 June 2020 — Klymenko v Council (Common foreign and security policy — Restrictive measures taken in respect of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies to whom the freezing of funds and economic resources applies — Retention of the applicant’s name on the list — Obligation of the Council to verify that the decision of an authority of a third State has been taken in compliance with the rights of the defence and the right to effective judicial protection)
Date: 2020-06-25
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence








C_2020271EN.01003601.xml










17.8.2020   


EN


Official Journal of the European Union


C 271/36






Judgment of the General Court of 25 June 2020 — Klymenko v Council
(Case T-295/19) (1)

(Common foreign and security policy - Restrictive measures taken in respect of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies to whom the freezing of funds and economic resources applies - Retention of the applicant’s name on the list - Obligation of the Council to verify that the decision of an authority of a third State has been taken in compliance with the rights of the defence and the right to effective judicial protection)
(2020/C 271/45)
Language of the case: French

Parties


Applicant: Oleksandr Viktorovych Klymenko (Moscow, Russia) (represented by M. Phelippeau, lawyer)

Defendant: Council of the European Union (represented by A. Vitro and P. Mahnič, acting as Agents)

Re:

Application based on Article 263 TFEU for annulment of Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2019 L 64, p. 7) and Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2019, L 64, p. 1), in so far as those acts maintain the applicant’s name on the list of persons, entities and bodies to which those restrictive measures apply.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2019/352, of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies with regard to the situation in Ukraine, in so far as the name of Mr Oleksandr Viktorovych Klymenko was maintained on the list of persons, entities and bodies to which those restrictive measures apply.










2.


Orders the Council of the European Union to pay the costs.






(1)  OJ C 213, 24.6.2019.
Case T-552/19: Judgment of the General Court of 25 June 2020 — Malacalza Investimenti v ECB (Access to documents — Decision of the ECB to place Banca Carige SpA under temporary administration — Refusal to grant access — Default procedure)
Date: 2020-06-25
Institutions: General Court
Subjects: access to EU information, bank, banking supervision, confidentiality, disclosure of information, judicial review, principle of proportionality, provision of documents, right to information, rights of the defence








C_2020262EN.01002302.xml










10.8.2020   


EN


Official Journal of the European Union


C 262/23






Judgment of the General Court of 25 June 2020 — Malacalza Investimenti v ECB
(Case T-552/19) (1)

(Access to documents - Decision of the ECB to place Banca Carige SpA under temporary administration - Refusal to grant access - Default procedure)
(2020/C 262/31)
Language of the case: Italian

Parties


Applicant: Malacalza Investimenti Srl (Genoa, Italy) (represented by P. Ghiglione, E. De Giorgi and L. Amicarelli, lawyers)

Defendant: European Central Bank (represented by F. von Lindeiner and M. Van Hoecke, acting as Agents, and by D. Sarmiento Ramírez-Escudero, lawyer)

Re:

Application under Article 263 TFEU for annulment of ECB Decision LS/LdG/19/185 of 12 June 2019 refusing access to several documents relating to Decision ECB-SSM-2019-ITCAR-11 of the Governing Council of the ECB of 1 January 2019 placing Banca Carige SpA under temporary administration.

Operative part of the judgment

The Court:






1.


Annuls European Central Bank (ECB) Decision LS/LdG/19/185 of 12 June 2019 refusing access to several documents relating to Decision ECB-SSM-2019-ITCAR-11 of the Governing Council of the ECB of 1 January 2019 placing Banca Carige SpA under temporary administration;










2.


Orders the ECB to pay the costs.






(1)  OJ C 328, 30.9.2019.
Case C-730/18 P: Judgment of the Court (First Chamber) of 25 June 2020 — SC v Eulex Kosovo (Appeal — Arbitration clause — Staff of EU international missions — Internal competition — Non-renewal of a contract of employment — Measure separable from the contract)
Date: 2020-06-25
Institutions: Court of Justice
Subjects: EU police mission, Kosovo, competition (EU), servant (EU), temporary employment, termination of employment








C_2020279EN.01000401.xml










24.8.2020   


EN


Official Journal of the European Union


C 279/4






Judgment of the Court (First Chamber) of 25 June 2020 — SC v Eulex Kosovo
(Case C-730/18 P) (1)

(Appeal - Arbitration clause - Staff of EU international missions - Internal competition - Non-renewal of a contract of employment - Measure separable from the contract)
(2020/C 279/05)
Language of the case: English

Parties


Appellant: SC (represented by: A. Kunst, Rechtsanwältin and L. Moro, avvocatessa)

Other party to the proceedings: Eulex Kosovo (represented by: E. Raoult, avocate)

Operative part of the judgment

The Court:






1.


Sets aside the order of the General Court of the European Union of 19 September 2018, SC v Eulex Kosovo (T-242/17, EU:T:2018:586);










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 112, 25.3.2019.
Notice of request concerning the applicability of Article 34 of Directive 2014/25/EU – End of the suspension of the period for adoption of implementing acts 2020/C 211/03
Date: 2020-06-25
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: Finland, Southern Finland, airport, business lease, provision of services, public contract, traveller








C_2020211EN.01000301.xml










25.6.2020   


EN


Official Journal of the European Union


C 211/3






Notice of request concerning the applicability of Article 34 of Directive 2014/25/EU – End of the suspension of the period for adoption of implementing acts
(2020/C 211/03)
On 1 March 2018 the Commission received a request pursuant to Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1).
This request, made by Finavia Oyj, concerns activities relating to the provision of businesses premises for commercial actors providing commercial services (duty free, retail, food and beverages and other passenger services) for flight passengers at Helsinki airport’s terminals in Finland. The relevant notices were published on page 21 of OJ C 114 on 28 March 2018, on page 9 of OJ C 359 on 5 October 2018 and on page 25 of OJ C 48 on 12 February 2020.
On 5 October 2018 the Commission asked the Applicant to provide additional information by 9 October 2018 at the latest. As announced in the notice that was published on page number 9 of OJ C 48 on 12 February 2020, the final deadline was prolonged by 52 working days after the receipt of the complete and correct information. The information was received on 22 April 2020.
The final deadline therefore expires on 8 July 2020.


(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Notice of open competition 2020/C 211/10
Date: 2020-06-25
Institutions: European Personnel Selection Office
Subjects: assistant, competition (EU), secretarial staff








C_2020211EN.01001201.xml










25.6.2020   


EN


Official Journal of the European Union


C 211/12






NOTICE OF OPEN COMPETITION
(2020/C 211/10)
The European Personnel Selection Office (EPSO) is organising the following open competition:
EPSO/AST-SC/10/20 – SECRETARIES (SC 1/SC 2)
The competition notice is published in 24 languages in 
Official Journal of the European Union C 211 A of 25 June 2020.
Further information can be found on the EPSO website: https://epso.europa.eu/
Case T-114/19: Judgment of the General Court of 25 June 2020 –Pavel v EUIPO — bugatti (B) (EU trade mark — Invalidity proceedings — EU figurative mark B — Earlier international figurative mark b — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 60(1)(a) of Regulation 2017/1001 — Misuse of power — Partial annulment)
Date: 2020-06-25
Institutions: General Court
Subjects: EU trade mark, advertising, business administration, business management, clothing, footwear industry, leather, personal effects, registered trade mark, trade-mark law








C_2020271EN.01003501.xml










17.8.2020   


EN


Official Journal of the European Union


C 271/35






Judgment of the General Court of 25 June 2020 –Pavel v EUIPO — bugatti (B)
(Case T-114/19) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark B - Earlier international figurative mark b - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Article 60(1)(a) of Regulation 2017/1001 - Misuse of power - Partial annulment)
(2020/C 271/44)
Language of the case: English

Parties


Applicant: Dan-Gabriel Pavel (Oradea, Romania) (represented by: E.-D. Nedelcu, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M.L. Capostagno, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: bugatti GmbH (Herford, Germany) (represented by: U. Ulrich, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 December 2018 (Joined Cases R 49/2018-1 and R 85/2018-1), relating to invalidity proceedings between bugatti and Mr Pavel.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 December 2018 (Joined Cases R 49/2018-1 and R 85/2018-1) in so far as it concerns the goods ‘leather and imitations of leather; animal skins, hides’ in Class 18 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 213, 24.6.2019.
Case T-877/19: Order of the General Court of 25 June 2020 — Einkaufsbüro Deutscher Eisenhändler v EUIPO — Tigges (TOOLINEO)
Date: 2020-06-25
Institutions: General Court
Subjects: EU trade mark, advertising, consultancy, education, registered trade mark, software, telecommunications, trade-mark law








C_2020313EN.01003501.xml










21.9.2020   


EN


Official Journal of the European Union


C 313/35






Order of the General Court of 25 June 2020 — Einkaufsbüro Deutscher Eisenhändler v EUIPO — Tigges (TOOLINEO)
(Case T-877/19) (1)

(2020/C 313/49)
Language of the case: German
The President of the Ninth Chamber has ordered that the case be removed from the register.


(1)  OJ C 61, 24.2.2020.
Case T-737/18: Judgment of the General Court of 25 June 2020 — Siberia Oriental v CPVO (Siberia) (Plant variety rights — Application for amendment of the date of expiry of the Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L. — Appeal before the Board of Appeal of the CPVO — Inadmissibility — Obligation to state reasons — Article 75 of Regulation (EC) No 2100/94 — Effective judicial protection — Article 67(1) and Article 87 of Regulation No 2100/94 — Correction of patent mistakes — Article 53(4) of Regulation (EC) No 874/2009)
Date: 2020-06-25
Institutions: General Court
Subjects: floriculture, plant breeding, plant variety right, right to justice








C_2020271EN.01003401.xml










17.8.2020   


EN


Official Journal of the European Union


C 271/34






Judgment of the General Court of 25 June 2020 — Siberia Oriental v CPVO (Siberia)
(Case T-737/18) (1)

(Plant variety rights - Application for amendment of the date of expiry of the Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L. - Appeal before the Board of Appeal of the CPVO - Inadmissibility - Obligation to state reasons - Article 75 of Regulation (EC) No 2100/94 - Effective judicial protection - Article 67(1) and Article 87 of Regulation No 2100/94 - Correction of patent mistakes - Article 53(4) of Regulation (EC) No 874/2009)
(2020/C 271/43)
Language of the case: English

Parties


Applicant: Siberia Oriental BV (’t Zand, Netherlands) (represented by: T. Overdijk, lawyer)

Defendant: Community Plant Variety Office (represented by: M. Ekvad, F. Mattina and O. Lamberti, acting as Agents)

Re:

Action brought against the decision of the Board of Appeal of the CPVO of 15 October 2018 (Case A 009/2017), concerning an application for amendment of the date of expiry of Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Siberia Oriental BV to bear its own costs and to pay the costs incurred by the Community Plant Variety Office (CPVO).






(1)  OJ C 54, 11.2.2019.
Case T-550/19: Judgment of the General Court of 25 June 2020 — Nitto Pharmaceutical Industries v EUIPO — Chiesi Farmaceutici (NOSTER) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark NOSTER — Earlier EU word mark FOSTER — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2020-06-25
Institutions: General Court
Subjects: EU trade mark, baby food, dietary product, food supplement, pharmaceutical product, registered trade mark, trade-mark law








C_2020271EN.01003602.xml










17.8.2020   


EN


Official Journal of the European Union


C 271/36






Judgment of the General Court of 25 June 2020 — Nitto Pharmaceutical Industries v EUIPO — Chiesi Farmaceutici (NOSTER)
(Case T-550/19) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark NOSTER - Earlier EU word mark FOSTER - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 271/46)
Language of the case: English

Parties


Applicant: Nitto Pharmaceutical Industries Ltd (Kyoto, Japan) (represented by: P. Voutilainen, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Chiesi Farmaceutici SpA (Parma, Italy) (represented by: C. de Callataÿ and T. de Haan, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 May 2019 (Case R 2279/2018-5), relating to opposition proceedings between Chiesi Farmaceutici and Nitto Pharmaceutical Industries.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nitto Pharmaceutical Industries Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Chiesi Farmaceutici SpA.






(1)  OJ C 337, 7.10.2019.