do-me/EUR-LEX huggingface dataset:
Case C-809/18 P: Judgment of the Court (Fifth Chamber) of 11 November 2020 — European Union Intellectual Property Office v John Mills Ltd, Jerome Alexander Consulting Corp. (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition proceedings — Relative ground for refusal — Article 8(3) — Scope — Identity or similarity of the mark applied for to the earlier mark — EU word mark MINERAL MAGIC — Application for registration by the agent or representative of the proprietor of the earlier mark — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER)
Date: 2020-11-11
Institutions: Court of Justice
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2021019EN.01000201.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/2






Judgment of the Court (Fifth Chamber) of 11 November 2020 — European Union Intellectual Property Office v John Mills Ltd, Jerome Alexander Consulting Corp.
(Case C-809/18 P) (1)

(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Opposition proceedings - Relative ground for refusal - Article 8(3) - Scope - Identity or similarity of the mark applied for to the earlier mark - EU word mark MINERAL MAGIC - Application for registration by the agent or representative of the proprietor of the earlier mark - Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER)
(2021/C 19/02)
Language of the case: English

Parties


Appellant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent)

Other parties to the proceedings: John Mills Ltd (represented by: S. Malynicz QC), Jerome Alexander Consulting Corp.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 15 October 2018, John Mills v EUIPO — Jerome Alexander Consulting (MINERAL MAGIC) (T-7/17, EU:T:2018:679);










2.


Dismisses the action in Case T-7/17, brought by John Mills Ltd against the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 October 2016 (Case R 2087/2015-1);










3.


Orders John Mills Ltd to pay, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) relating to the present appeal and to the proceedings before the General Court, and those incurred by Jerome Alexander Consulting Corp. relating to the proceedings before the General Court.






(1)  OJ C 148, 29.4.2019.
Commission Implementing Regulation (EU) 2020/1716 of 11 November 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Paprika Žitava’/‘Žitavská paprika’ (PDO))
Date: 2020-11-11
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Bratislava region, Nitra region, Slovakia, Trenčín region, Trnava region, designation of origin, fruit vegetable, labelling, product designation








L_2020386EN.01000101.xml










18.11.2020   


EN


Official Journal of the European Union


L 386/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1716
of 11 November 2020
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Paprika Žitava’/‘Žitavská paprika’ (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Slovakia’s application for the approval of amendments to the specification for the protected designation of origin ‘Paprika Žitava’/‘Žitavská paprika’, registered under Commission Implementing Regulation (EU) No 126/2014 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Paprika Žitava’/‘Žitavská paprika’ (PDO) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Implementing Regulation (EU) No 126/2014 of 5 February 2014 entering a name in the register of protected designations of origin and protected geographical indications [Paprika Žitava/Žitavská paprika (PDO)] (OJ L 40, 11.2.2014, p. 12).

(3)  
            OJ C 244, 24.7.2020, p. 2.
Prior notification of a concentration (Case M.9984 — CIMIC/Elliott/Thiess) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 380/11
Date: 2020-11-11
Institutions: Directorate-General for Competition, European Commission
Subjects: building industry, economic concentration, investment company, merger control, mining industry








C_2020380EN.01001201.xml










11.11.2020   


EN


Official Journal of the European Union


C 380/12






Prior notification of a concentration
(Case M.9984 — CIMIC/Elliott/Thiess)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 380/11)






1.


On 30 October 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:






—


CIMIC Group Limited (‘CIMIC’, Australia), controlled by ACS ACTIVIDADES DE CONSTRUCCIÓN Y SERVICIOS, S.A. (‘ACS’, Spain),










—


Elliott Investment Management L.P. (‘Elliott’, US),










—


Thiess Pty Ltd (‘Thiess’, Australia), controlled by CIMIC.




CIMIC and Elliott acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Thiess.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CIMIC: construction and engineering, asset and facility management, mineral processing, as well as mining services (through Thiess);










—


for Elliott: investments including non-distressed debt, distressed securities, hedge/arbitrage positions, equity-oriented positions, private equity and private credit positions, currency trading;










—


for Thiess: mining services spanning feasibility, planning, development, extraction, asset management & maintenance and remediation.














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.9984 — CIMIC/Elliott/Thiess
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.
Winding-Up Proceedings Winding-up proceedings in respect of East West Insurance Company Limited – in Administration (the ‘Company’) (Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) and The Insurers (Reorganisation and Winding up) Regulations 2004 SI No 2004/353, Regulation 11) 2020/C 380/07
Date: 2020-11-11
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: United Kingdom, insurance company, judicial proceedings, liquidation








C_2020380EN.01000701.xml










11.11.2020   


EN


Official Journal of the European Union


C 380/7






Winding-Up Proceedings
Winding-up proceedings in respect of East West Insurance Company Limited – in Administration (the ‘Company’)


(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) and The Insurers (Reorganisation and Winding up) Regulations 2004 SI No 2004/353, Regulation 11)


(2020/C 380/07)






Insurance undertaking







East West Insurance Company Limited




20 Old Broad Street




London




EC2N 1DP




UNITED KINGDOM








Date, entry into force and nature of decision


12 October 2020




Competent authorities







High Court of Justice




Business & Property Courts of England and Wales




Strand




Holborn




London WC2A 2LL




UNITED KINGDOM








Supervisory authority







Prudential Regulatory Authority




c/o Bank of England




Threadneedle Street




London




EC2R 8AH




UNITED KINGDOM









Financial Conduct Authority




12 Endeavour Square




London




E20 1JN




UNITED KINGDOM








Administrators appointed







Richard Barker




Ernst & Young LLP




1 More London Place




London




SE1 2AF




UNITED KINGDOM









Simon Edel




Ernst & Young LLP




1 More London Place




London




SE1 2AF




UNITED KINGDOM








Applicable law


Insolvency Act 1986
England and Wales
Case T-680/20: Action brought on 11 November 2020 — Novelis v Commission
Date: 2020-11-11
Institutions: General Court
Subjects: aluminium, economic concentration, merger control, principle of proportionality, rights of the defence, semi-manufactured goods, subsidiary, waste recycling








C_2021019EN.01006401.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/64






Action brought on 11 November 2020 — Novelis v Commission
(Case T-680/20)
(2021/C 19/69)
Language of the case: English

Parties


Applicant: Novelis Inc. (Mississauga, Ontario, Canada) (represented by: S. Völcker, T. Caspary and R. Benditz, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul, in whole or in part, the Commission Decision of 31 August 2020 in Case No. M.9076 — Novelis/Aleris rejecting Novelis’ request for a one-month extension of the Closing Period pursuant to Clause 49 of the Novelis/Aleris Commitments;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Contested Decision was adopted by the Deputy Director-General of the Directorate General for Competition rather than the College of Commissioners in violation of the principle of collegiate responsibility.










2.


Second plea in law, alleging a breach of the applicant’s right to be heard.










3.


Third plea in law, alleging failure to state adequate reasons allowing the applicant to exercise its rights of defence in an effective manner.










4.


Fourth plea in law, alleging that the Contested Decision is vitiated by several manifest errors of assessment and ignores that the applicant has good cause to apply for an extension. The applicant further alleges that in light of its legal consequences and the availability of several less onerous means, the Contested Decision infringes the principle of proportionality.
Prior notification of a concentration (Case M.9995 — Permira/Neuraxpharm) (Text with EEA relevance) 2020/C 380/10
Date: 2020-11-11
Institutions: Directorate-General for Competition, European Commission
Subjects: disease of the nervous system, economic concentration, investment company, merger control, pharmaceutical industry, therapeutics








C_2020380EN.01001101.xml










11.11.2020   


EN


Official Journal of the European Union


C 380/11






Prior notification of a concentration
(Case M.9995 — Permira/Neuraxpharm)
(Text with EEA relevance)
(2020/C 380/10)

1.   
On 30 October 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:






—


Permira Holdings Limited (‘Permira’, Guernesy), and










—


Neuraxpharm Midco S.C.A. (‘Neuraxpharm’, Luxembourg).




Permira acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Neuraxpharm.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for ‘Permira’: a European private equity firm which makes long-term investments in companies active in a wide variety of sectors that have potential for growth and development.










—


for Neuraxpharm: a European specialty pharmaceutical company focused on the treatment of central nervous system disorders. In addition, Neuraxpharm, via its subsidiaries, provides contract development and manufacturing organization services for finished dosage forms and active pharmaceutical ingredients, both to the group companies and to third parties.






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.



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.9995 — Permira/Neuraxpharm
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’).
European Parliament legislative resolution of 11 November 2020 on the draft Council decision on the conclusion, on behalf of the European Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Seychelles and its implementing protocol (2020-2026) (05243/2020 — C9-0073/2020 — 2020/0002(NLE))
Date: 2020-11-11
Institutions: Committee on Budgets, Committee on Development, Committee on Fisheries, European Parliament
Subjects: Seychelles, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, protocol to an agreement, ratification of an agreement, sea fishing, sustainable fisheries








C_2021415EN.01005701.xml










13.10.2021   


EN


Official Journal of the European Union


C 415/57






P9_TA(2020)0296
EU/Seychelles Sustainable Fisheries Partnership Agreement and Implementation. Protocol (2020-2026) ***
European Parliament legislative resolution of 11 November 2020 on the draft Council decision on the conclusion, on behalf of the European Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Seychelles and its implementing protocol (2020-2026) (05243/2020 — C9-0073/2020 — 2020/0002(NLE))
(Consent)
(2021/C 415/09)

The European Parliament,






—


having regard to the draft Council decision (05243/2020),










—


having regard to the draft Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Seychelles and its implementing protocol (2020-2026) (05246/2020),










—


having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7), of the Treaty on the Functioning of the European Union (C9-0073/2020),










—


having regard to its non-legislative resolution of 12 November 2020 (1) on the draft decision,










—


having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,










—


having regard to the opinion of the Committee on Budgets,










—


having regard to the letter from the Committee on Development,










—


having regard to the recommendation of the Committee on Fisheries (A9-0185/2020),












1.


Gives its consent to the conclusion of the agreement and of the protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Seychelles.






(1)  Texts adopted, P9_TA(2020)0303.