do-me/EUR-LEX huggingface dataset:
Case T-25/20: Judgment of the General Court of 11 November 2020 — Deutsche Post v EUIPO Pošta Slovenije (Representation of a stylised horn) (EU trade mark — Opposition proceedings — Application for registration of an EU figurative mark representing a stylised horn — Earlier EU figurative mark representing a post horn on a yellow background — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Lack of distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2020-11-11
Institutions: General Court
Subjects: EU trade mark, carriage of goods, correspondence, logistics, packaging, postal service, registered trade mark, storage, trade-mark law








C_2021009EN.01001901.xml










11.1.2021   


EN


Official Journal of the European Union


C 9/19






Judgment of the General Court of 11 November 2020 — Deutsche Post v EUIPO Pošta Slovenije (Representation of a stylised horn)
(Case T-25/20) (1)

(EU trade mark - Opposition proceedings - Application for registration of an EU figurative mark representing a stylised horn - Earlier EU figurative mark representing a post horn on a yellow background - Relative ground for refusal - No likelihood of confusion - Similarity of the signs - Lack of distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2021/C 9/28)
Language of the case: English

Parties


Applicant: Deutsche Post AG (Bonn, Germany) (represented by: M. Viefhues, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pošta Slovenije d.o.o. (Maribor, Slovenia) (represented by: M. Kavčič and R. Jerovšek, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 18 November 2019 (Case R 994/2019 1) relating to opposition proceedings between Deutsche Post and Pošta Slovenije.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Deutsche Post AG to pay the costs.






(1)  OJ C 68, 2.3.2020.
Case T-173/19: Judgment of the General Court of 11 November 2020 — AV and AW v Parliament (Civil service — Officials — Reimbursement of medical expenses — OLAF investigation — Article 85 of the Staff Regulations — Recovery of undue payments)
Date: 2020-11-11
Institutions: General Court
Subjects: European Anti-fraud Office, European official, claim, debt, health expenditure, payment, staff regulations (EU)








C_2021009EN.01001501.xml










11.1.2021   


EN


Official Journal of the European Union


C 9/15






Judgment of the General Court of 11 November 2020 — AV and AW v Parliament
(Case T-173/19) (1)

(Civil service - Officials - Reimbursement of medical expenses - OLAF investigation - Article 85 of the Staff Regulations - Recovery of undue payments)
(2021/C 9/21)
Language of the case: French

Parties


Applicants: AV and AW (represented by: L. Levi, S. Rodrigues and J. Martins, lawyers)

Defendant: European Parliament (represented by: T. Lazian and I. Lázaro Betancor, acting as Agents)

Re:

Application under Article 270 TFEU seeking the annulment of the decisions of the Parliament of 23 July and 1 August 2018 recovering from one applicant the sum of EUR 5 289 and from the other applicant the sum of EUR 3 880, on the ground of undue payment having been made to them as reimbursement of medical expenses.

Operative part of the judgment

The General Court hereby:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  OJ C 172, 20.5.2019.
Case C-592/20: Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 11 November 2020 — NT, RV, BS, ER v British Airways plc
Date: 2020-11-11
Institutions: Court of Justice
Subjects: air transport, carrier, consumer protection, contract, damages, indemnification, reservation, traveller








C_2021228EN.01001201.xml










14.6.2021   


EN


Official Journal of the European Union


C 228/12






Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 11 November 2020 — NT, RV, BS, ER v British Airways plc
(Case C-592/20)
(2021/C 228/15)
Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings


Applicants: NT, RV, BS, ER

Defendant: British Airways plc
The Court of Justice (Ninth Chamber) held, by order of 22 April 2021, that Article 2(b) and Article 7(1) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (1) are to be interpreted as meaning that, in the context of connecting flights, comprised of two legs of a journey and booked under a single reservation, a passenger who suffers a delay in reaching his or her destination of 3 hours or more, the cause of that delay arising in the cancellation of the second leg, which ought to have been operated by an operating air carrier other than the one with whom the passenger has a contract of carriage, may bring an action for compensation pursuant to Article 7(1) of that regulation against the former air carrier and require it to pay the amount of compensation provided for in that provision according to the total distance of the journey, including its connecting flight, from the first point of departure until the final destination of the second leg.


(1)  OJ 2004 L 46, p. 1.
Prior notification of a concentration (Case M.9827 — International Flavors & Fragrances/Nutrition & Biosciences) (Text with EEA relevance) 2020/C 380/08
Date: 2020-11-11
Institutions: Directorate-General for Competition, European Commission
Subjects: adjuvant, consumer goods, dietary product, economic concentration, food additive, food industry, merger control, supply








C_2020380EN.01000801.xml










11.11.2020   


EN


Official Journal of the European Union


C 380/8






Prior notification of a concentration
(Case M.9827 — International Flavors & Fragrances/Nutrition & Biosciences)
(Text with EEA relevance)
(2020/C 380/08)

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:






—


International Flavors & Fragrances Inc (‘IFF’, USA),










—


Nutrition & Biosciences business (‘N&B’, USA), owned by DuPont de Nemours, Inc.




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


2.   
The business activities of the undertakings concerned are:






—


for IFF: development, manufacture and supply of flavours and fragrances used in consumer goods industries, such as food and beverage, personal care and home care industries,










—


for N&B: development, manufacture and supply of food and industrial ingredients and additives, including natural and plant-based specialty ingredients (e.g., proteins, emulsifiers, sweeteners), solutions for health and bioscience applications (e.g., probiotics, fibres, cultures, enzymes, microbial control), functional cellulosic polymers and seaweed derived excipients for pharma and dietary supplements.






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.9827 — International Flavors & Fragrances/Nutrition & Biosciences
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’).
Commission Implementing Regulation (EU) 2020/1719 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 ‘Casciotta d’Urbino’ (PDO)
Date: 2020-11-11
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Emilia-Romagna, Italy, Marches, cows’ milk cheese, designation of origin, labelling, product designation, sheep's milk cheese








L_2020386EN.01000501.xml










18.11.2020   


EN


Official Journal of the European Union


L 386/5








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1719
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 ‘Casciotta d’Urbino’ (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 Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Casciotta d’Urbino’, registered under Commission Regulation (EC) No 1107/96 (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 ‘Casciotta d’Urbino’ (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 Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

(3)  
            OJ C 223, 7.7.2020, p. 20.
European Parliament legislative resolution of 11 November 2020 on the draft Council decision on the conclusion of the agreement between the European Union and the government of the People's Republic of China on cooperation on, and protection of, geographical indications (08359/2020 — C9-0298/2020 — 2020/0089(NLE))
Date: 2020-11-11
Institutions: Committee on Agriculture and Rural Development, Committee on Fisheries, Committee on International Trade, European Parliament
Subjects: China, cooperation agreement (EU), designation of origin, labelling, product designation, ratification of an agreement








C_2021415EN.01005801.xml










13.10.2021   


EN


Official Journal of the European Union


C 415/58






P9_TA(2020)0297
EU/China Agreement: cooperation on and protection of geographical indications ***
European Parliament legislative resolution of 11 November 2020 on the draft Council decision on the conclusion of the agreement between the European Union and the government of the People's Republic of China on cooperation on, and protection of, geographical indications (08359/2020 — C9-0298/2020 — 2020/0089(NLE))
(Consent)
(2021/C 415/10)

The European Parliament,






—


having regard to the draft Council decision (08359/2020),










—


having regard to the draft Agreement between the European Union and the government of the People's Republic of China on cooperation on, and protection of, geographical indications (08361/2020),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0298/2020),










—


having regard to its non-legislative resolution of 11 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 Fisheries,










—


having regard to the recommendation of the Committee on International Trade (A9-0199/2020),












1.


Gives its consent to the conclusion of the agreement;












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 People's Republic of China.






(1)  Texts adopted, P9_TA(2020)0298.
Case C-591/20: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 November 2020 — Reprensus GmbH v S-V Pavlovi Trejd EOOD
Date: 2020-11-11
Institutions: Court of Justice
Subjects: contract, contractual liability, damages, judicial cooperation in civil matters in the EU, jurisdiction, purchase, purchase price








C_2021035EN.01003202.xml










1.2.2021   


EN


Official Journal of the European Union


C 35/32






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 November 2020 — Reprensus GmbH v S-V Pavlovi Trejd EOOD
(Case C-591/20)
(2021/C 35/44)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant and appellant in the appeal on a point of law: Reprensus GmbH

Defendant and respondent in the appeal on a point of law: S-V Pavlovi Trejd EOOD

Question referred

Are points 1(a) and 2 of Article 7 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) (OJ 2012 L 351) to be interpreted as meaning that jurisdiction for matters relating to tort or delict exists in respect of an action for damages if the applicant was induced to conclude a purchase contract and pay the purchase price by means of intentional deception?


(1)  OJ 2012 L 351, p. 1.
Commission Implementing Regulation (EU) 2020/1717 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 (‘Vinagre de Jerez’ (PDO))
Date: 2020-11-11
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Andalusia, Spain, condiment, designation of origin, labelling, product designation








L_2020386EN.01000301.xml










18.11.2020   


EN


Official Journal of the European Union


L 386/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1717
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 (‘Vinagre de Jerez’ (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 Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Vinagre de Jerez’, registered under Commission Implementing Regulation (EU) No 985/2011 (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 ‘Vinagre de Jerez’ (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 985/2011 of 30 September 2011 entering a name in the register of protected designations of origin and protected geographical indications [Vinagre de Jerez (PDO)] (OJ L 260, 5.10.2011, p. 9).

(3)  
            OJ C 238, 20.7.2020, p. 16.
Case C-300/19: Judgment of the Court (First Chamber) of 11 November 2020 (request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona — Spain) — UQ v Marclean Technologies SLU (Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — First subparagraph of Article 1(1)(a) — Definition of ‘collective redundancies’ — Methods of calculating the number of redundancies — Reference period take into account)
Date: 2020-11-11
Institutions: Court of Justice
Subjects: collective dismissal, redundancy, unfair dismissal








C_2021019EN.01000601.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/6






Judgment of the Court (First Chamber) of 11 November 2020 (request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona — Spain) — UQ v Marclean Technologies SLU
(Case C-300/19) (1)

(Reference for a preliminary ruling - Social policy - Collective redundancies - Directive 98/59/EC - First subparagraph of Article 1(1)(a) - Definition of ‘collective redundancies’ - Methods of calculating the number of redundancies - Reference period take into account)
(2021/C 19/06)
Language of the case: Spanish

Referring court

Juzgado de lo Social No 3 de Barcelona

Parties to the main proceedings


Applicant: UQ

Defendant: Marclean Technologies SLU

Other parties: Ministerio Fiscal, Fondo de Garantía Salarial

Operative part of the judgment

Article 1(1), first subparagraph, (a) of Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies must be interpreted in the sense that, with a view to determining whether a contested individual dismissal forms part of an instance of collective redundancy, the reference period laid down in that provision for determining the existence of collective redundancies must be calculated taking into account any period of 30 or 90 consecutive days during which that individual dismissal occurred and during which the largest number of dismissals were effected by the employer for one or more reasons not related to the individual worker concerned, within the meaning of that provision.


(1)  OJ C 295, 2.9.2019.
European Parliament legislative resolution of 11 November 2020 on the draft Council decision on the conclusion of the Protocol on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal (13484/2019 — C9-0178/2019 — 2019/0226(NLE))
Date: 2020-11-11
Institutions: Committee on Budgets, Committee on Development, Committee on Fisheries, European Parliament
Subjects: Senegal, agreement (EU), fishery management, fishing agreement, fishing area, fishing rights, protocol to an agreement, ratification of an agreement, sea fishing, sustainable fisheries








C_2021415EN.01005101.xml










13.10.2021   


EN


Official Journal of the European Union


C 415/51






P9_TA(2020)0294
EU/Senegal Fisheries Partnership Agreement: implementation of the Agreement. Protocol ***
European Parliament legislative resolution of 11 November 2020 on the draft Council decision on the conclusion of the Protocol on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal (13484/2019 — C9-0178/2019 — 2019/0226(NLE))
(Consent)
(2021/C 415/07)

The European Parliament,







—


having regard to the draft Council decision (13484/2019),










—


having regard to the Protocol on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal (13483/2019),










—


having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0178/2019),










—


having regard to its non-legislative resolution of 11 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 opinions of the Committee on Budgets and the Committee on Development ,










—


having regard to the recommendation of the Committee on Fisheries (A9-0180/2020),












1.


Gives its consent to the conclusion 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 Senegal.






(1)  Texts adopted, P9_TA(2020)0295.