do-me/EUR-LEX huggingface dataset:
Case T-310/19: Judgment of the General Court of 25 November 2020 — BRF Singapore Foods v EUIPO — Tipiak (SADIA) (EU trade mark — Opposition proceedings — Application for EU word mark SADIA — Earlier national word mark SAIDA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Principle of sound administration — Equal treatment — Obligation to state reasons)
Date: 2020-11-25
Institutions: General Court
Subjects: EU trade mark, foodstuff, fruit, milk product, processed food product, processed foodstuff, provision of services, registered trade mark, trade-mark law, vegetable








C_2021028EN.01003902.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/39






Judgment of the General Court of 25 November 2020 — BRF Singapore Foods v EUIPO — Tipiak (SADIA)
(Case T-310/19) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark SADIA - Earlier national word mark SAIDA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Principle of sound administration - Equal treatment - Obligation to state reasons)
(2021/C 28/60)
Language of the case: English

Parties


Applicant: BRF Singapore Foods Pte Ltd (Singapore, Singapore) (represented by: C. Mateu, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Lapinskaite, 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: Tipiak (Saint-Aignan de Grand-Lieu, France) (represented by: M. Antoine-Lalance and M. Aïtelli, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 March 2019 (Case R 1857/2018-4), relating to opposition proceedings between Tipiak and BRF Singapore Foods.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BRF Singapore Foods Pte Ltd to bear its own costs and to pay those incurred by Tipiak;










3.


Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.






(1)  OJ C 246, 22.7.2019.
Prior notification of a concentration (Case M.9972 — Neste/Bunge Loders Croklaan Oils) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 402/07
Date: 2020-11-25
Institutions: Directorate-General for Competition, European Commission
Subjects: Netherlands, South Holland, economic concentration, fossil fuel, harbour installation, merger control, motor fuel, provision of services, substitute fuel








C_2020402EN.01000801.xml










25.11.2020   


EN


Official Journal of the European Union


C 402/8






Prior notification of a concentration
(Case M.9972 — Neste/Bunge Loders Croklaan Oils)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 402/07)

1.   
On 18 November 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:






—


Neste Oyj (‘Neste’, Finland),










—


Bunge Loders Croklaan Oils B.V. (‘Bunge Loders Croklaan Oils’, the Netherlands).




Neste acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Bunge Loders Croklaan Oils located in the Netherlands. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Neste: refining and marketing low-emission, high-quality traffic fuels, producing both fossil and renewable fuels. Neste currently owns and operates a renewable fuel production plant in a site adjacent to Bunge Loders Croklaan Oils,










—


for Bunge Loders Croklaan Oils: production and related assets (loading/unloading assets, storage tanks, and a refinery for vegetable oils and their derivatives) located in Rotterdam harbour, and the related personnel, excluding any feedstock sourcing and supply agreements.






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.9972 — Neste/Bunge Loders Croklann Oils
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.
Information on the date of signature and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Cook Islands concerning an extension to the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands
Date: 2020-11-25
Institutions: Council of the European Union
Subjects: Cook Islands, agreement (EU), catch area, fishing agreement, protocol to an agreement, renewal of an agreement, sea fishing, sustainable fisheries








L_2020395EN.01000101.xml










25.11.2020   


EN


Official Journal of the European Union


L 395/1







Information on the date of signature and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Cook Islands concerning an extension to the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands


The European Union and the Government of the Cook Islands signed on 13 November 2020, in Brussels, the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Cook Islands concerning an extension to the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands.
The Agreement accordingly applies provisionally from 14 November 2020 pursuant to point 6 thereof, for a maximum period of one year.
Non-opposition to a notified concentration (Case M.9988 — SEGRO/PSPIB/SELP/Gonesse Site) (Text with EEA relevance) 2020/C 412/05
Date: 2020-11-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, logistics, merger control, storage








C_2020412EN.01000501.xml










30.11.2020   


EN


Official Journal of the European Union


C 412/5






Non-opposition to a notified concentration
(Case M.9988 — SEGRO/PSPIB/SELP/Gonesse Site)
(Text with EEA relevance)
(2020/C 412/05)
On 25 November 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 32020M9988. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-71/19: Judgment of the General Court of 25 November 2020 — BMC v Clean Sky 2 Joint Undertaking (Research and technological development and space — Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) — Procedure for call for proposals H2020-CS 2 -CFP08-FRC-2018-01 — Rejection of the proposal submitted by the applicant — Assignment of non-integer scores — Article 15(4) of Regulation (EU) No 1290/2013 — Obligation to state reasons — Manifest error of assessment — Misuse of powers — Failure to sufficiently examine the proposal — Distortion of the facts)
Date: 2020-11-25
Institutions: General Court
Subjects: Framework Programme for Research and Development, air safety, award of contract, engine, helicopter, innovation, project evaluation, research and development, tendering








C_2021028EN.01003601.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/36






Judgment of the General Court of 25 November 2020 — BMC v Clean Sky 2 Joint Undertaking
(Case T-71/19) (1)

(Research and technological development and space - Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) - Procedure for call for proposals H2020-CS 2 -CFP08-FRC-2018-01 - Rejection of the proposal submitted by the applicant - Assignment of non-integer scores - Article 15(4) of Regulation (EU) No 1290/2013 - Obligation to state reasons - Manifest error of assessment - Misuse of powers - Failure to sufficiently examine the proposal - Distortion of the facts)
(2021/C 28/55)
Language of the case: Italian

Parties


Applicant: BMC Srl (Medicina, Italy) (represented by: S. Dindo and L. Picotti, lawyers)

Defendant: the joint undertaking Clean Sky 2 (represented by: B. Mastantuono, acting as Agent, and by M. Velardo, lawyer)

Re:

Application under Article 263 TFEU seeking annulment of the decision of the joint undertaking Clean Sky 2 of 10 October 2018 rejecting proposal No 831874 ‘smart De-icing bARrier Filter (DwARF)’ submitted by the applicant in call for proposals H2020-CS 2-CFP08-FRC-2018-01 and of its decision of 6 December 2018 rejecting the applicant’s request for a review of the assessment of that proposal and confirming the decision 10 October 2018 by which it rejected that proposal.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BMC Srl to pay the costs.






(1)  OJ C 122, 1.4.2019.
Case C-302/19: Judgment of the Court (Fifth Chamber) of 25 November 2020 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale v WS (Reference for a preliminary ruling — Directive 2011/98/EU — Rights for third country workers who hold single permits — Article 12 — Right to equal treatment — Social security — Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State)
Date: 2020-11-25
Institutions: Court of Justice
Subjects: equal treatment, family, family benefit, foreign national, migrant worker, residence, work permit








C_2021035EN.01001101.xml










1.2.2021   


EN


Official Journal of the European Union


C 35/11






Judgment of the Court (Fifth Chamber) of 25 November 2020 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale v WS
(Case C-302/19) (1)

(Reference for a preliminary ruling - Directive 2011/98/EU - Rights for third country workers who hold single permits - Article 12 - Right to equal treatment - Social security - Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State)
(2021/C 35/13)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicant: Istituto nazionale della previdenza sociale

Defendant: WS

Operative part of the judgment

Article 12(1)(e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State must be interpreted as precluding the legislation of a Member State under which, for the purpose of determining entitlement to a social security benefit, the family members of the holder of a single permit, within the meaning of Article 2(c) thereof, who do not reside in the territory of that Member State but in a third country are not be taken into account, whereas account is taken of family members of nationals of that Member State residing in a third country.


(1)  OJ C 288, 26.8.2019.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 24 November 2020 2020/C 402/03
Date: 2020-11-25
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020402EN.01000301.xml










25.11.2020   


EN


Official Journal of the European Union


C 402/3






Euro exchange rates (1)

24 November 2020
(2020/C 402/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1865 




JPY


Japanese yen


124,06 




DKK


Danish krone


7,4424 




GBP


Pound sterling


0,89012 




SEK


Swedish krona


10,2040 




CHF


Swiss franc


1,0833 




ISK


Iceland króna


160,90 




NOK


Norwegian krone


10,6768 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,258 




HUF


Hungarian forint


361,35 




PLN


Polish zloty


4,4666 




RON


Romanian leu


4,8728 




TRY


Turkish lira


9,4452 




AUD


Australian dollar


1,6175 




CAD


Canadian dollar


1,5504 




HKD


Hong Kong dollar


9,1970 




NZD


New Zealand dollar


1,7011 




SGD


Singapore dollar


1,5941 




KRW


South Korean won


1 318,77 




ZAR


South African rand


18,2206 




CNY


Chinese yuan renminbi


7,8152 




HRK


Croatian kuna


7,5610 




IDR


Indonesian rupiah


16 895,40 




MYR


Malaysian ringgit


4,8498 




PHP


Philippine peso


57,233 




RUB


Russian rouble


90,1119 




THB


Thai baht


36,070 




BRL


Brazilian real


6,3943 




MXN


Mexican peso


23,8129 




INR


Indian rupee


87,9045 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.9996 — Trenitalia/Netinera Deutschland) (Text with EEA relevance) 2020/C 418/01
Date: 2020-11-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, public service, public transport, rail transport, regional transport, road transport








C_2020418EN.01000101.xml










3.12.2020   


EN


Official Journal of the European Union


C 418/1






Non-opposition to a notified concentration
(Case M.9996 — Trenitalia/Netinera Deutschland)
(Text with EEA relevance)
(2020/C 418/01)
On 25 November 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 32020M9996. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-309/19: Judgment of the General Court of 25 November 2020 — BRF Singapore Foods v EUIPO — Tipiak (Sadia) (EU trade mark — Opposition proceedings — Application for EU figurative mark Sadia — Earlier national word mark SAIDA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Principle of sound administration — Equal treatment — Obligation to state reasons)
Date: 2020-11-25
Institutions: General Court
Subjects: EU trade mark, foodstuff, fruit, milk product, processed food product, processed foodstuff, provision of services, registered trade mark, trade-mark law, vegetable








C_2021028EN.01003901.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/39






Judgment of the General Court of 25 November 2020 — BRF Singapore Foods v EUIPO — Tipiak (Sadia)
(Case T-309/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Sadia - Earlier national word mark SAIDA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Principle of sound administration - Equal treatment - Obligation to state reasons)
(2021/C 28/59)
Language of the case: English

Parties


Applicant: BRF Singapore Foods Pte Ltd (Singapore, Singapore) (represented by: C. Mateu, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Lapinskaite, 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: Tipiak (Saint-Aignan de Grand-Lieu, France) (represented by: M. Antoine-Lalance and M. Aïtelli, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 March 2019 (Case R 1834/2018-4), relating to opposition proceedings between Tipiak and BRF Singapore Foods.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BRF Singapore Foods Pte Ltd to bear its own costs and to pay those incurred by Tipiak;










3.


Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.






(1)  OJ C 246, 22.7.2019.
Case C-49/19: Judgment of the Court (Fifth Chamber) of 25 November 2020 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Electronic communications — Universal service and users’ rights relating to electronic communications networks and services — Directive 2002/22/EC — Networks and services — Article 13 — Financing of universal service obligations — Sharing mechanism — Principles of transparency, least market distortion, non-discrimination and proportionality)
Date: 2020-11-25
Institutions: Court of Justice
Subjects: administrative transparency, aid to undertakings, equal treatment, infringement procedure (EU), national implementing measure, principle of proportionality, restriction on competition, transmission network, universal service








C_2021035EN.01000601.xml










1.2.2021   


EN


Official Journal of the European Union


C 35/6






Judgment of the Court (Fifth Chamber) of 25 November 2020 — European Commission v Portuguese Republic
(Case C-49/19) (1)

(Failure of a Member State to fulfil obligations - Electronic communications - Universal service and users’ rights relating to electronic communications networks and services - Directive 2002/22/EC - Networks and services - Article 13 - Financing of universal service obligations - Sharing mechanism - Principles of transparency, least market distortion, non-discrimination and proportionality)
(2021/C 35/07)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented: initially by L. Nicolae, P. Costa de Oliveira and G. Braga da Cruz, and subsequently by L. Nicolae and G. Braga da Cruz, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa and J. Marques, acting as Agents, and D. Silva Morais, advogado)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 112, 25.3.2019.
Case T-57/20: Judgment of the General Court of 25 November 2020 — Group v EUIPO — Iliev (GROUP Company TOURISM & TRAVEL) (EU trade mark — Opposition proceedings — Application for the EU figurative mark GROUP Company TOURISM & TRAVEL — Earlier unregistered national figurative marks GROUP Company TOURISM & TRAVEL — Relative grounds for refusal — Article 8(4) of Regulation (EU) 2017/1001 — Second sentence of Article 94(1) of Regulation 2017/1001)
Date: 2020-11-25
Institutions: General Court
Subjects: EU trade mark, carriage of goods, carriage of passengers, packaging, registered trade mark, storage, tourism, trade-mark law, vehicle rental








C_2021028EN.01004701.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/47






Judgment of the General Court of 25 November 2020 — Group v EUIPO — Iliev (GROUP Company TOURISM & TRAVEL)
(Case T-57/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark GROUP Company TOURISM & TRAVEL - Earlier unregistered national figurative marks GROUP Company TOURISM & TRAVEL - Relative grounds for refusal - Article 8(4) of Regulation (EU) 2017/1001 - Second sentence of Article 94(1) of Regulation 2017/1001)
(2021/C 28/72)
Language of the case: Bulgarian

Parties


Applicant: Group EOOD (Sofia, Bulgaria) (represented by: D. Dragiev and A. Andreev, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and P. Angelova Georgieva, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Kosta Iliev (Sofia)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 November 2019 (Case R 2059/2018-5), relating to opposition proceedings between Group and Mr Iliev.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2019 (Case R 2059/2018-5);










2.


Orders EUIPO to pay the costs.






(1)  OJ C 87, 16.3.2020.