do-me/EUR-LEX huggingface dataset:
Case C-466/20: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 25 September 2020 — HEITEC AG v HEITECH Promotion GmbH and RW
Date: 2020-09-25
Institutions: Court of Justice
Subjects: EU trade mark, interest in bringing an action, legal action, limitation of legal proceedings, registered trade mark, right of action, trade-mark law








C_2020443EN.01001201.xml










21.12.2020   


EN


Official Journal of the European Union


C 443/12






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 25 September 2020 — HEITEC AG v HEITECH Promotion GmbH and RW
(Case C-466/20)
(2020/C 443/13)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant: HEITEC AG

Respondents: HEITECH Promotion GmbH, RW

Questions referred







1.


Can acquiescence within the meaning of Article 9(1) and (2) of Directive 2008/95/EC (1) and Article 54(1) and (2) and Article 111(2) of Regulation (EC) No 207/2009 (2) be excluded not only by means of an administrative or court action, but also through conduct not involving a court or administrative authority?










2.


If Question 1 is answered in the affirmative: Does the sending of a warning letter, in which the proprietor of the earlier sign, before initiating legal proceedings, requires the proprietor of the later sign to agree to refrain from using the sign, and to enter into an obligation to pay a contractual penalty in the event of an infringement, constitute conduct precluding acquiescence within the meaning of Article 9(1) and (2) of Directive 2008/95/EC and Article 54(1) and (2) and Article 111(2) of Regulation (EC) No 207/2009?










3.


When seeking judicial redress, is the bringing of the action before the court or the receipt of the action by the defendant decisive for calculating the five-year acquiescence period for the purposes of Article 9(1) and (2) of Directive 2008/95/EC and Article 54(1) and (2) and Article 111(2) of Regulation (EC) No 207/2009? Is it significant in this regard that receipt of the action by the defendant is delayed beyond the expiry of the five-year period through the fault of the proprietor of the earlier trade mark?










4.


Does the limitation of rights in accordance with Article 9(1) and (2) of Directive 2008/95/EC and Article 54(1) and (2) and Article 111(2) of Regulation (EC) No 207/2009 encompass consequential claims under trade mark law, for example, claims for compensation, provision of information or destruction, as well as prohibitory injunctions?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).

(2)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1).
Decision of the EEA Joint Committee No 128/2020 of 25 September 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1387]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: EC conformity marking, European Economic Area, harmonisation of standards, international standard, maritime safety, maritime shipping, prevention of pollution, revision of an agreement, standard, vehicle parts, vessel




L_2023173EN.01002301.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/23








            DECISION OF THE EEA JOINT COMMITTEE No 128/2020
of 25 September 2020
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/1387]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2020/1170 of 16 July 2020 on design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2019/1397 (1) is to be incorporated into the EEA Agreement.












(2)


Implementing Regulation (EU) 2020/1170 repeals Commission Implementing Regulation (EU) 2019/1397 (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The text of point 3 (Commission Implementing Regulation (EU) 2019/1397) of Chapter XXXII of Annex II to the EEA Agreement shall be replaced by the following:


                  ‘
                  32020 R 1170: Commission Implementing Regulation (EU) 2020/1170 of 16 July 2020 on design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2019/1397 (OJ L 264, 12.8.2020, p. 1).’
               



Article 2
The text of Implementing Regulation (EU) 2020/1170 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 264, 12.8.2020, p. 1.

(2)  
            OJ L 237, 13.9.2019, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 132/2020 of 25 September 2020 amending Annex IX (Financial services) to the EEA Agreement [2023/1391]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, economic offence, electronic money, fight against crime, financial institution, financial services, issuing of currency, money laundering, revision of an agreement, technical standard, terrorism financing




L_2023173EN.01003001.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/30








            DECISION OF THE EEA JOINT COMMITTEE No 132/2020
of 25 September 2020
         
amending Annex IX (Financial services) to the EEA Agreement [2023/1391]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2018/1108 of 7 May 2018 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council with regulatory technical standards on the criteria for the appointment of central contact points for electronic money issuers and payment service providers and with rules on their functions (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 23bb (Commission Delegated Regulation (EU) 2016/1675) of Annex IX to the EEA Agreement:






‘23bc.



32018 R 1108: Commission Delegated Regulation (EU) 2018/1108 of 7 May 2018 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council with regulatory technical standards on the criteria for the appointment of central contact points for electronic money issuers and payment service providers and with rules on their functions (OJ L 203, 10.8.2018, p. 2).’






Article 2
The text of Delegated Regulation (EU) 2018/1108 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made. (*1)



Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 203, 10.8.2018, p. 2.

(*1)  No constitutional requirements indicated.
Case C-946/19: Order of the President of the First Chamber of the Court of 25 September 2020 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — MG v HH
Date: 2020-09-25
Institutions: Court of Justice
Subjects: civil proceedings, injunction, jurisdiction, legal domicile, private international law, third country








C_2020414EN.01002702.xml










30.11.2020   


EN


Official Journal of the European Union


C 414/27






Order of the President of the First Chamber of the Court of 25 September 2020 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — MG v HH
(Case C-946/19) (1)

(2020/C 414/44)
Language of the case: English
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 68, 2.3.2020.
Decision of the EEA Joint Committee No 116/2020 of 25 September 2020 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2023/1376]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal feedingstuffs, animal product, animal protein, bovine spongiform encephalopathy, export (EU), health risk, organic fertiliser, revision of an agreement, veterinary inspection




L_2023173EN.01000101.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/1








            DECISION OF THE EEA JOINT COMMITTEE No 116/2020
of 25 September 2020
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement [2023/1376]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2019/1091 of 26 June 2019 amending Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the requirements for export of products containing processed animal protein derived from ruminants and non-ruminants (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 12 (Regulation (EC) No 999/2001 of the European Parliament and of the Council) in Part 7.1 of Chapter I of Annex I to the EEA Agreement:






‘-



32019 R 1091: Commission Regulation (EU) 2019/1091 of 26 June 2019 (OJ L 173, 27.6.2019, p. 42).’






Article 2
The text of Regulation (EU) 2019/1091 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 173, 27.6.2019, p. 42.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 135/2020 of 25 September 2020 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement [2023/1394]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer protection, maximum price, mobile phone, price regulations, provision of services, regulation of telecommunications, retail price, revision of an agreement, roaming, telephone charges, transmission network




L_2023173EN.01003501.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/35








            DECISION OF THE EEA JOINT COMMITTEE No 135/2020
of 25 September 2020
         
amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement [2023/1394]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2019/2116 of 28 November 2019 setting the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2018/1979 (1) is to be incorporated into the EEA Agreement.












(2)


Implementing Regulation (EU) 2019/2116 repeals Commission Implementing Regulation (EU) 2018/1979 (2), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(3)


Annex XI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The text of point 5cub (Commission Implementing Regulation (EU) 2018/1979) of Annex XI to the EEA Agreement is replaced by the following:


                  ‘
                  32019 R 2116: Commission Implementing Regulation (EU) 2019/2116 of 28 November 2019 setting the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2018/1979 (OJ L 320, 11.12.2019, p. 11).’
               



Article 2
The text of Implementing Regulation (EU) 2019/2116 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 320, 11.12.2019, p. 11.

(2)  
            OJ L 317, 14.12.2018, p. 10.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 145/2020 of 25 September 2020 amending Protocol 31 (On cooperation in specific fields outside the four freedoms) to the EEA Agreement [2023/1403]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: Cedefop, European Economic Area, legal status, operation of the Institutions, revision of an agreement




L_2023173EN.01005001.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/50








            DECISION OF THE EEA JOINT COMMITTEE No 145/2020
of 25 September 2020
         
amending Protocol 31 (On cooperation in specific fields outside the four freedoms) to the EEA Agreement [2023/1403]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


According to paragraph 6 of Article 4 of Protocol 31, the Contracting Parties shall encourage appropriate cooperation between the competent organizations, institutions and other bodies in their respective territories where this would contribute to the strengthening and broadening of cooperation. This shall apply in particular to matters covered by the activities of the European Centre for Development of Vocational Training (CEDEFOP).












(2)


It is appropriate to replace the reference to Council Regulation (EEC) No 337/75, which is included in Protocol 31 to the EEA Agreement, with a reference to Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 (1).












(3)


Protocol 31 to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The text of the footnote (Council Regulation (EEC) No 337/75) in Article 4(6) of Protocol 31 to the EEA Agreement shall be replaced by the following:


                  ‘
                  32019 R 0128: Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 (OJ L 30, 31.1.2019, p. 90).’
               



Article 2
The text of Regulation (EU) 2019/128 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 30, 31.1.2019, p. 90.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 133/2020 of 25 September 2020 amending Annex IX (Financial services) to the EEA Agreement [2023/1392]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, banking supervision, economic offence, fight against crime, financial institution, money laundering, revision of an agreement, risk management, technical standard, terrorism financing, third country




L_2023173EN.01003101.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/31








            DECISION OF THE EEA JOINT COMMITTEE No 133/2020
of 25 September 2020
         
amending Annex IX (Financial services) to the EEA Agreement [2023/1392]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2019/758 of 31 January 2019 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council with regard to regulatory technical standards for the minimum action and the type of additional measures credit and financial institutions must take to mitigate money laundering and terrorist financing risk in certain third countries (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 23bc (Commission Delegated Regulation (EU) 2018/1108) of Annex IX to the EEA Agreement:






‘23bd.



32019 R 0758: Commission Delegated Regulation (EU) 2019/758 of 31 January 2019 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council with regard to regulatory technical standards for the minimum action and the type of additional measures credit and financial institutions must take to mitigate money laundering and terrorist financing risk in certain third countries (OJ L 125, 14.5.2019, p. 4).’






Article 2
The text of Delegated Regulation (EU) 2019/758 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 125, 14.5.2019, p. 4.

(*1)  No constitutional requirements indicated.
Non-opposition to a notified concentration (Case M.9906 – KKR/HPS/Monleasing Holdco) (Text with EEA relevance) 2020/C 322/01
Date: 2020-09-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, machinery, merger control, rental business








C_2020322EN.01000101.xml










30.9.2020   


EN


Official Journal of the European Union


C 322/1






Non-opposition to a notified concentration
(Case M.9906 – KKR/HPS/Monleasing Holdco)
(Text with EEA relevance)
(2020/C 322/01)
On 25 September 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9906. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 139/2020 of 25 September 2020 amending Annex XIII (Transport) to the EEA Agreement [2023/1398]
Date: 2020-09-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, air traffic control, airline, civil aviation, common transport policy, revision of an agreement, third country, transport company, transport licence




L_2023173EN.01004101.xml










6.7.2023   


EN


Official Journal of the European Union


L 173/41








            DECISION OF THE EEA JOINT COMMITTEE No 139/2020
of 25 September 2020
         
amending Annex XIII (Transport) to the EEA Agreement [2023/1398]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2019/2105 of 9 December 2019 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 66zab (Commission Regulation (EC) No 474/2006) of Annex XIII to the EEA Agreement:






‘-



32019 R 2105: Commission Implementing Regulation (EU) 2019/2105 of 9 December 2019 (OJ L 318, 10.12.2019, p. 79).’






Article 2
The text of Implementing Regulation (EU) 2019/2105 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 318, 10.12.2019, p. 79.

(*1)  No constitutional requirements indicated.