do-me/EUR-LEX huggingface dataset:
Case T-334/20: Order of the General Court of 8 September 2020 — KH v EEAS
Date: 2020-09-08
Institutions: General Court
Subjects: harassment at work, pay scale, professional qualifications, psychological harassment, reassignment, rights of the defence, staff assessment








C_2020378EN.01004803.xml










9.11.2020   


EN


Official Journal of the European Union


C 378/48






Order of the General Court of 8 September 2020 — KH v EEAS
(Case T-334/20) (1)

(2020/C 378/59)
Language of the case: French
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 247, 27.7.2020.
Case C-421/20: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 8 September 2020 — Acacia Srl v Bayerische Motoren Werke Aktiengesellschaft
Date: 2020-09-08
Institutions: Court of Justice
Subjects: EU Member State, Internet site, designs and models, establishment, goods and services, jurisdiction








C_2020433EN.01001901.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/19






Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 8 September 2020 — Acacia Srl v Bayerische Motoren Werke Aktiengesellschaft
(Case C-421/20)
(2020/C 433/22)
Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings


Applicant: Acacia Srl

Defendant: Bayerische Motoren Werke Aktiengesellschaft

Questions referred







1.


In proceedings for an infringement of Community designs, can the national court dealing with the infringement proceedings having international jurisdiction pursuant to Article 82(5) of the Community Designs Regulation (1) apply the national law of the Member State in which the court dealing with the infringement proceedings is situated (lex fori) to subsequent claims in relation to the territory of its Member State?










2.


If Question 1 is answered in the negative: Can the ‘initial place of infringement’ for the purposes of the CJEU judgments in Cases C-24/16, C-25/16, Nintendo, (2) regarding the determination of the law applicable to subsequent claims under Article 8(2) of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (‘Rome II’) (3) also lie in the Member State where the consumers to whom internet advertising is addressed are located and where goods infringing designs are put on the market within the meaning of Article 19 of the Community Designs Regulation, in so far as only the offering and the putting on the market in that Member State are challenged, even if the internet offers on which the offering and the putting on the market are based were launched in another Member State?






(1)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).

(2)  ECLI:EU:C:2017:724.

(3)  OJ 2007 L 199, p. 40.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 7 September 2020 2020/C 298/02
Date: 2020-09-08
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020298EN.01000201.xml










8.9.2020   


EN


Official Journal of the European Union


C 298/2






Euro exchange rates (1)

7 September 2020
(2020/C 298/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1824 




JPY


Japanese yen


125,59 




DKK


Danish krone


7,4411 




GBP


Pound sterling


0,89835 




SEK


Swedish krona


10,3690 




CHF


Swiss franc


1,0809 




ISK


Iceland króna


164,90 




NOK


Norwegian krone


10,5453 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,468 




HUF


Hungarian forint


359,92 




PLN


Polish zloty


4,4504 




RON


Romanian leu


4,8555 




TRY


Turkish lira


8,8168 




AUD


Australian dollar


1,6232 




CAD


Canadian dollar


1,5484 




HKD


Hong Kong dollar


9,1641 




NZD


New Zealand dollar


1,7642 




SGD


Singapore dollar


1,6160 




KRW


South Korean won


1 405,09 




ZAR


South African rand


19,7654 




CNY


Chinese yuan renminbi


8,0789 




HRK


Croatian kuna


7,5360 




IDR


Indonesian rupiah


17 490,00 




MYR


Malaysian ringgit


4,9158 




PHP


Philippine peso


57,547 




RUB


Russian rouble


89,8231 




THB


Thai baht


37,092 




BRL


Brazilian real


6,2664 




MXN


Mexican peso


25,5127 




INR


Indian rupee


86,8485 






(1)  Source: reference exchange rate published by the ECB.
Case T-561/20: Action brought on 8 September 2020 — Sony Interactive Entertainment Europe v EUIPO — Vieta Audio (Vita)
Date: 2020-09-08
Institutions: General Court
Subjects: EU trade mark, audio cassette, magnetic medium, optical medium, registered trade mark, software, trade-mark law, video cassette








C_2020371EN.01002301.xml










3.11.2020   


EN


Official Journal of the European Union


C 371/23






Action brought on 8 September 2020 — Sony Interactive Entertainment Europe v EUIPO — Vieta Audio (Vita)
(Case T-561/20)
(2020/C 371/26)
Language of the case: English

Parties


Applicant: Sony Interactive Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz QC, and P. Ruess, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Vieta Audio, SA (Barcelona, Spain)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union word mark Vita — European Union trade mark No 9 993 361

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 June 2020 in Case R 425/2020-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the other party to bear their own costs and pay those of the applicant.





Plea in law







—


Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-419/20: Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 8 September 2020 — F. Reyher Nchfg. GmbH & Co. KG v Hauptzollamt Hamburg
Date: 2020-09-08
Institutions: Court of Justice
Subjects: customs duties, import levy, infringement of EU law, interest








C_2020414EN.01002202.xml










30.11.2020   


EN


Official Journal of the European Union


C 414/22






Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 8 September 2020 — F. Reyher Nchfg. GmbH & Co. KG v Hauptzollamt Hamburg
(Case C-419/20)
(2020/C 414/31)
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: F. Reyher Nchfg. GmbH & Co. KG, represented by its general partner Verwaltungsgesellschaft F. Reyher Nchfg. mbH

Defendant: Hauptzollamt Hamburg

Question referred

Is there an infringement of EU law, which is a condition for entitlement to interest under EU law as developed by the Court of Justice of the European Union, where a Member State authority imposes a duty pursuant to EU law but a Member State court subsequently finds that the factual conditions for the imposition of the duty have not been met?
Corrigendum to the publication of a vacancy for the function of Executive Director (Temporary Agent – Grade AD 14) — European Fisheries Control Agency (EFCA) — Vigo (Spain) — COM/2020/20050 (Official Journal of the European Union C 231 A, 14 July 2020) 2020/C 298 I/02
Date: 2020-09-08
Institutions: European Commission
Subjects: European Fisheries Control Agency, Galicia, Spain, administrator, competition (EU), job vacancy, managing director, servant (EU)








CI2020298EN.01000301.xml










8.9.2020   


EN


Official Journal of the European Union


CI 298/3






Corrigendum to the publication of a vacancy for the function of Executive Director (Temporary Agent – Grade AD 14) — European Fisheries Control Agency (EFCA) — Vigo (Spain) — COM/2020/20050

(
Official Journal of the European Union C 231 A, 14 July 2020
)

(2020/C 298 I/02)






1.


On page 5, ‘Selection and appointment’, third paragraph:




for:

‘Candidates proposed by the pre-selection panel may be called for further interview with the European Commission’s Consultative Committee on Appointments (CCA). If invited to attend an interview with the CCA, they are required to attend an assessment centre run by external recruitment consultants. Candidates who are shortlisted by the CCA will then be interviewed by the Member of the Commission responsible for Environment, Oceans and Fisheries (11). Following these interviews, the Member of the Commission responsible for Environment, Oceans and Fisheries shall propose to the Commission a shortlist of at least two candidates. The Commission could decide to launch a new selection procedure if it is not satisfied with the suitability of any of the candidates.’,

read:

‘Candidates proposed by the pre-selection panel may be called for further interview with the European Commission’s Consultative Committee on Appointments (CCA). If invited to attend an interview with the CCA, they are required to attend an assessment centre run by external recruitment consultants. Candidates who are shortlisted by the CCA will then be interviewed by the Member of the Commission responsible for Environment, Oceans and Fisheries (11).’.







2.


On page 6, ‘Closing date’, first paragraph:




for:

‘The closing date for registration is Wednesday 9 September 2020, 12.00 noon Brussels time, following which registration is no longer possible.’,

read:

‘The closing date for registration is Wednesday 16 September 2020, 12.00 noon Brussels time, following which registration is no longer possible.’.
Case C-418/20 P: Appeal brought on 8 September 2020 by Scorify UAB against the judgment of the General Court (Second Chamber) delivered on 8 July 2020 in Case T-328/19, Scorify v EUIPO — Scor (SCORIFY)
Date: 2020-09-08
Institutions: Court of Justice
Subjects: EU trade mark, banking, consultancy, financial services, insurance, real estate business, registered trade mark, trade-mark law








C_2021028EN.01001101.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/11






Appeal brought on 8 September 2020 by Scorify UAB against the judgment of the General Court (Second Chamber) delivered on 8 July 2020 in Case T-328/19, Scorify v EUIPO — Scor (SCORIFY)
(Case C-418/20 P)
(2021/C 28/15)
Language of the case: English

Parties


Appellant: Scorify UAB (represented by: V. Viešūnaitė, advokatė)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), Scor SE
By order of 26 November 2020, the Court of Justice (Chamber determining whether appeals may proceed) decided that the appeal should not be allowed to proceed and ordered the appellant to bear its own costs.
Decision (EU) 2020/1264 of the European Central Bank of 8 September 2020 amending Decision (EU) 2019/1743 of the European Central Bank on the remuneration of holdings of excess reserves and of certain deposits (ECB/2020/38)
Date: 2020-09-08
Institutions: European Central Bank
Subjects: EU aid, bank deposit, emergency aid, epidemic, financial aid, financial legislation, infectious disease, interest, reserves




L_2020297EN.01000501.xml










11.9.2020   


EN


Official Journal of the European Union


L 297/5








            DECISION (EU) 2020/1264 OF THE EUROPEAN CENTRAL BANK
         
of 8 September 2020
         
amending Decision (EU) 2019/1743 of the European Central Bank on the remuneration of holdings of excess reserves and of certain deposits (ECB/2020/38)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1 and Articles 17 to 19 thereof,

Whereas:







(1)


The Governing Council considers that the funds mandatorily deposited with the ECB for the purpose of repaying financial assistance under Council Regulation (EU) 2020/672 (1) should be exempt from negative interest rates.












(2)


Therefore, Decision (EU) 2019/1743 (ECB/2019/31) (2) should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1

Amendment

Article 2 of Decision (EU) 2019/1743 (ECB/2019/31) is replaced as follows:


‘Article 2
Remuneration of certain deposits held with the ECB
Accounts maintained with the ECB in accordance with Decision ECB/2003/14 of the European Central Bank (*1), Decision ECB/2010/31 of the European Central Bank (*2), Decision ECB/2010/17 of the European Central Bank (*3) and Council Regulation (EU) 2020/672 (*4) shall continue to be remunerated at the deposit facility rate. However, when deposits need to be held in those accounts in advance of the date on which a payment must be made in accordance with the legal or contractual rules applicable to the relevant facility, such deposits shall be remunerated during this advance period at zero per cent or the deposit facility rate, whichever is higher.




Article 2

Entry into force

This Decision shall enter into force on the fifth day following that of its publication in the Official Journal of the European Union. It shall apply from the sixth reserve maintenance period of 2020 starting on 16 September 2020.




Done at Frankfurt am Main, 8 September 2020.


For the Governing Council


The President of the ECB

Christine LAGARDE
            





(1)  Council Regulation (EU) 2020/672 of 19 May 2020 on the establishment of a European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) following the COVID-19 outbreak (OJ L 159, 20.5.2020, p. 1).

(2)  Decision (EU) 2019/1743 of the European Central Bank of 15 October 2019 on the remuneration of holdings of excess reserves and of certain deposits (ECB/2019/31) (OJ L 267, 21.10.2019, p. 12).
Case C-425/20 P: Appeal brought on 8 September 2020 by Welmax + sp. z o. o. sp.k. against the judgment delivered on 8 July 2020 in Case T-305/19 Welmax + v EUIPO — Valmex Medical Imaging (welmax)
Date: 2020-09-08
Institutions: Court of Justice
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2020443EN.01000501.xml










21.12.2020   


EN


Official Journal of the European Union


C 443/5






Appeal brought on 8 September 2020 by Welmax + sp. z o. o. sp.k. against the judgment delivered on 8 July 2020 in Case T-305/19 Welmax + v EUIPO — Valmex Medical Imaging (welmax)
(Case C-425/20 P)
(2020/C 443/07)
Language of the case: Polish

Parties


Appellant: Welmax + sp. z o. o. sp.k. (represented by: M. Machyński, radca prawny)

Other party to the proceedings: European Union Intellectual Property Office
By order of the Vice-President of the General Court of 30 October 2020, the appeal was dismissed as inadmissible.
Case T-558/20: Action brought on 8 September 2020 — Sony Interactive Entertainment Europe v EUIPO — Huawei Technologies (GT10)
Date: 2020-09-08
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, electronic device, electronic game, mobile phone, registered trade mark, retail trade, software, telecommunications equipment, trade-mark law








C_2020371EN.01002101.xml










3.11.2020   


EN


Official Journal of the European Union


C 371/21






Action brought on 8 September 2020 — Sony Interactive Entertainment Europe v EUIPO — Huawei Technologies (GT10)
(Case T-558/20)
(2020/C 371/23)
Language of the case: English

Parties


Applicant: Sony Interactive Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz QC, and M. Maier, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Huawei Technologies Co. Ltd (Shenzhen, China)

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 GT10 — Application for registration No 14 738 306

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 8 July 2020 in Case R 2554/2019-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the other party to bear their own costs and pay those of the applicant.





Pleas in law







—


Infringement of Articles 8(1)(b) and 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to identify specifically the relevant public;










—


Infringement of Articles 8(1)(b) and 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to take into account the evidence as to the likely perception of the earlier European Union Trade mark by the relevant public;










—


Failure to consider the other elements of the above mentioned Articles 8(1)(b) and 8(5) objections;










—


Failure to apply national rules under Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament by failing to consider the other elements under passing off law.
Prior notification of a concentration (Case M.9913 – Hella/Minth/JV) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 298/04
Date: 2020-09-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, motor vehicle, vehicle parts








C_2020298EN.01000401.xml










8.9.2020   


EN


Official Journal of the European Union


C 298/4






Prior notification of a concentration
(Case M.9913 – Hella/Minth/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 298/04)

1.   
On 28 August 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:






—


Hella Holding International GmbH (‘Hella’, GERMANY), controlled by Hella GmbH & Co. KGaA,










—


Minth Investment Co. (‘Minth’, CAYMAN ISLANDS), controlled by Minth Group Limited,










—


Hella Minth Jiaxing Automotive Parts Co. Ltd (‘JV’, CHINA).




Hella and Minth acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of JV.
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:






—


for Hella: active in the area of automotive parts, in particular lighting and electronic products and trade thereof,










—


for Minth: primarily engaged in the design, manufacturing and sale of trims, decorative parts, body structural parts and other related auto parts,










—


for JV: shall be active in the area of automotive parts, more specifically in the area of radomes, covers for ‘front looking radars’, or radar sensors in the front of a vehicle.






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.9913 – Hella/Minth/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’).

(2)  OJ C 366, 14.12.2013, p. 5.