do-me/EUR-LEX huggingface dataset:
Case T-152/20: Judgment of the General Court of 2 December 2020 — BSH Hausgeräte v EUIPO (Home Connect) (EU trade mark — Application for EU figurative mark Home Connect — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Sufficiently direct and specific relationship with the goods covered by the trade mark application — No distinctive character — Article 7(1)(b) of Regulation 2017/1001)
Date: 2020-12-02
Institutions: General Court
Subjects: EU trade mark, building services, computer equipment, electrical equipment, on line data service, registered trade mark, software, telecommunications, trade-mark law








C_2021028EN.01004801.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/48






Judgment of the General Court of 2 December 2020 — BSH Hausgeräte v EUIPO (Home Connect)
(Case T-152/20) (1)

(EU trade mark - Application for EU figurative mark Home Connect - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Sufficiently direct and specific relationship with the goods covered by the trade mark application - No distinctive character - Article 7(1)(b) of Regulation 2017/1001)
(2021/C 28/73)
Language of the case: German

Parties


Applicant: BSH Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 January 2020 (Case R 1751/2019-5), concerning an application for registration of the figurative sign Home Connect as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BSH Hausgeräte GmbH to pay the costs.






(1)  OJ C 191, 8.6.2020.
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link’ (COM(2020) 782 final — 2020/0347 (COD))
Date: 2020-12-02
Institutions: European Economic and Social Committee
Subjects: English Channel, France, United Kingdom, cross-border transport, cross-channel connection, rail network, rail safety, transport regulations, withdrawal from the EU








C_2021056EN.01006401.xml










16.2.2021   


EN


Official Journal of the European Union


C 56/64






Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link’
(COM(2020) 782 final — 2020/0347 (COD))
(2021/C 56/12)






Referral


Council of the European Union, 2.12.2020




 


European Parliament, 14.12.2020




Legal basis


Articles 91(1) and 304 of the Treaty on the Functioning of the European Union




Section responsible



Transport, Energy, Infrastructure and the Information Society





Adopted at plenary


2.12.2020




Plenary session No


556




Outcome of vote
(for/against/abstentions)


210/1/4




Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 556th plenary session of 2 and 3 December 2020 (meeting of 2 December 2020), by 210 votes to 1 with 4 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 2 December 2020.


The President of the European Economic and Social Committee

Christa SCHWENG
Case T-639/19: Judgment of the General Court of 2 December 2020 — Sánchez Romero Carvajal Jabugo v EUIPO — Embutidos Monells (5MS MMMMM) (EU trade mark — Opposition proceedings — Application for the EU figurative mark 5MS MMMMM — Earlier EU figurative mark 5J — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No damage to reputation — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))
Date: 2020-12-02
Institutions: General Court
Subjects: EU trade mark, game meat, meat product, poultrymeat, preserved product, registered trade mark, trade-mark law








C_2021028EN.01004102.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/41






Judgment of the General Court of 2 December 2020 — Sánchez Romero Carvajal Jabugo v EUIPO — Embutidos Monells (5MS MMMMM)
(Case T-639/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark 5MS MMMMM - Earlier EU figurative mark 5J - Relative grounds for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - No damage to reputation - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))
(2021/C 28/63)
Language of the case: Spanish

Parties


Applicant: Sánchez Romero Carvajal Jabugo, SAU (El Puerto de Santa María, Spain) (represented by: J. Iglesias Monravá, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Embutidos Monells, SA (San Miguel de Balenya, Spain) (represented by: L. Broschat García and L. Polo Flores, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 July 2019 (Case R 1728/2018-4), relating to opposition proceedings between Sánchez Romero Carvajal Jabugo and Embutidos Monells.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2019 (Case R 1728/2018-4);










2.


Dismisses the action as to the remainder;










3.


Orders EUIPO and Embutidos Monells, SA to bear their respective costs and to each pay half of the costs incurred by Sánchez Romero Carvajal Jabugo, SAU.






(1)  OJ C 383, 11.11.2019.
Case T-26/20: Judgment of the General Court of 2 December 2020 — Forex Bank v EUIPO — Coino UK (FOREX) (EU trade mark — Invalidity proceedings — EU word mark FOREX — Declaration of partial invalidity — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001))
Date: 2020-12-02
Institutions: General Court
Subjects: EU trade mark, electronic money, exchange transaction, payment system, registered trade mark, trade-mark law








C_2021028EN.01004601.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/46






Judgment of the General Court of 2 December 2020 — Forex Bank v EUIPO — Coino UK (FOREX)
(Case T-26/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark FOREX - Declaration of partial invalidity - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001))
(2021/C 28/70)
Language of the case: English

Parties


Applicant: Forex Bank AB (Stockholm, Sweden) (represented by: A. Jute, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Coino UK Ltd (London, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 4 October 2019 (Case R 2460/2018 2), relating to invalidity proceedings between Coino UK and Forex Bank.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Forex Bank AB to pay the costs.






(1)  OJ C 68, 2.3.2020.
Case T-318/19: Judgment of the General Court of 2 December 2020 — Thunus and Others v EIB (Civil service — EIB staff — Remuneration — Annual salary adjustment — Legal certainty — Legitimate expectations — Staff consultation — Obligation to state reasons — Proportionality)
Date: 2020-12-02
Institutions: General Court
Subjects: European civil service, indemnification, pay, pay rise, principle of legal certainty, principle of proportionality, right to justice, wage determination, worker consultation








C_2021035EN.01004401.xml










1.2.2021   


EN


Official Journal of the European Union


C 35/44






Judgment of the General Court of 2 December 2020 — Thunus and Others v EIB
(Case T-318/19) (1)

(Civil service - EIB staff - Remuneration - Annual salary adjustment - Legal certainty - Legitimate expectations - Staff consultation - Obligation to state reasons - Proportionality)
(2021/C 35/56)
Language of the case: French

Parties


Applicants: Vincent Thunus (Contern, Luxembourg) and the other applicants whose names are set out in the annex (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (represented by: T. Gilliams, J. Klein and J. Krueck, acting as Agents, and by P.-E. Partsch, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union (i) seeking annulment of the decisions contained in the applicants’ pay slips for the month of February 2019 and the subsequent months, applying the decision of the EIB’s Board of Directors of 18 July 2017 defining a new approach to the overall increase in staff salaries applicable to all EIB staff members, the decision of the Board of Directors of 11 December 2018 setting the salary budget for 2019 and the decision of the EIB’s Management Committee of 30 January 2019 fixing the adjustment rate of salaries for the year 2019 to 0,8 %, and (ii) seeking compensation for the damage allegedly suffered by the applicants as a result of those decisions.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr. Vincent Thunus and the other applicants whose names are set out in the annex to bear their own costs and to pay those incurred by the European Investment Bank (EIB).






(1)  OJ C 246, 22.7.2019.
Non-opposition to a notified concentration (Case M.10007 — Telefónica/Banco Bilbao Vizcaya Argentaria/Movistar Money Colombia JV) (Text with EEA relevance) 2020/C 424/02
Date: 2020-12-02
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, merger control, telecommunications








C_2020424EN.01002701.xml










8.12.2020   


EN


Official Journal of the European Union


C 424/27






Non-opposition to a notified concentration
(Case M.10007 — Telefónica/Banco Bilbao Vizcaya Argentaria/Movistar Money Colombia JV)
(Text with EEA relevance)
(2020/C 424/02)
On 2 December 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 Spanish language 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 32020M10007. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 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 Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020
Date: 2020-12-02
Institutions: Council of the European Union
Subjects: Mauritania, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing area, fishing rights, protocol to an agreement, renewal of an agreement, sea fishing








L_2020404EN.01000101.xml










2.12.2020   


EN


Official Journal of the European Union


L 404/1







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 Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020
         

The European Union and the Islamic Republic of Mauritania signed on 15 November 2020, in Brussels, the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020.
The Agreement accordingly applies provisionally from 16 November 2020 pursuant to point 6 thereof.
Opinion of the European Economic and Social Committee on ‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work’ (COM(2020) 0571 — 2020/0262 (COD))
Date: 2020-12-02
Institutions: European Economic and Social Committee
Subjects: cancer, carcinogenic substance, health risk, occupational disease, occupational health, safety standard








C_2021056EN.01006301.xml










16.2.2021   


EN


Official Journal of the European Union


C 56/63






Opinion of the European Economic and Social Committee on ‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work’
(COM(2020) 0571 — 2020/0262 (COD))
(2021/C 56/11)






Referral


Council of the European Union, 21.10.2020
European Parliament, 5.10.2020




Legal basis


Articles 153(2) and 304 of the Treaty on the Functioning of the European Union




Section responsible


Section for Employment, Social Affairs and Citizenship




Adopted at plenary


2.12.2020




Plenary session No


556




Outcome of vote
(for/against/abstentions)


224/0/6




Since the Committee unreservedly endorses the content of the proposal and has already set out its views on the subject in its earlier opinions, namely SOC/545 — Protection from cancer-causing chemicals, adopted on 21 September 2016, SOC/559 — Protection of workers from carcinogens or mutagens at work, adopted on 31 May 2017, SOC/591 — Protection of workers from carcinogens or mutagens at work, adopted on 19 September 2018, and CCMI/130 — Freeing the EU from asbestos, adopted on 18 February 2015 (1), it decided, at its 556th plenary session of 2 and 3 December 2020, by 224 votes with 6 abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the abovementioned documents.

Brussels, 2 December 2020.


The President of the European Economic and Social Committee

Christa SCHWENG




(1)  OJ C 487, 28.12.2016, p. 113; OJ C 288, 31.8.2017, p. 56; OJ C 440, 6.12.2018, p. 145; OJ C 251, 31.7.2015, p. 13.
Opinion of the European Economic and Social Committee on ‘Proposal for a Council Directive amending Council Directive 2006/112/EC as regards temporary measures in relation to value added tax for COVID-19 vaccines and in vitro diagnostic medical devices in response to the COVID-19 pandemic’ (COM(2020) 688 final — 2020/0311 (CNS))
Date: 2020-12-02
Institutions: European Economic and Social Committee
Subjects: EU Member State, VAT, coronavirus disease, epidemic, medical device, provision of services, tax collection, tax exemption, tax relief, vaccine








C_2021056EN.01006101.xml










16.2.2021   


EN


Official Journal of the European Union


C 56/61






Opinion of the European Economic and Social Committee on ‘Proposal for a Council Directive amending Council Directive 2006/112/EC as regards temporary measures in relation to value added tax for COVID-19 vaccines and in vitro diagnostic medical devices in response to the COVID-19 pandemic’
(COM(2020) 688 final — 2020/0311 (CNS))
(2021/C 56/09)






Referral


Council of the European Union, 6.11.2020




Legal basis


Article 113 of the Treaty on the Functioning of the European Union




Section responsible


Economic and Monetary Union and Economic and Social Cohesion




Adopted at plenary


2.12.2020




Plenary session No


556




Outcome of vote
(for/against/abstentions)


195/0/3




Since the Committee has announced its support for taxation rules due to the COVID-19 crisis in its opinion on the Proposal for a Council Directive amending Directive 2011/16/EU to address the urgent need for deferring certain time limits for the filing and exchange of information in the field of taxation due to the COVID-19 pandemic (COM(2020) 197 final — 2020/0081 (CNS)); on the Proposal for a Council Decision amending Directives (EU) 2017/2455 and (EU) 2019/1995 as regards the dates of transposition and application due to the outbreak of the COVID-19 crisis (COM(2020) 198 final — 2020/0082 (CNS)) and on the Proposal for a Council Regulation amending Regulation (EU) 2017/2454 as regards the dates of application due to the outbreak of the COVID-19 crisis (COM(2020) 201 final — 2020/0084 (CNS)) (1), adopted on 10 June 2020 and this amendment to Directive 2006/112/EC does not contain any further content for the EESC to comment on, it decided, at its 556th plenary session of 2 and 3 December 2020 (meeting of 2 December 2020), by 195 votes with 3 abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the abovementioned document.

Brussels, 2 December 2020.


The President of the European Economic and Social Committee

Christa SCHWENG




(1)  OJ C 311, 18.9.2020, p. 76.
New national side of euro coins intended for circulation 2020/C 417/06
Date: 2020-12-02
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Greece, commemoration, euro, issuing of currency








C_2020417EN.01005401.xml










2.12.2020   


EN


Official Journal of the European Union


C 417/54






New national side of euro coins intended for circulation
(2020/C 417/06)




National side of the new commemorative 2-euro coin intended for circulation and issued by Greece

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Greece

Subject of commemoration: 100 years since the union of Thrace with Greece

Description of the design: The design replicates an ancient coin of the Thracian city of Abdera, featuring a griffin. Inscribed along the inner edge are the words ‘100 YEARS SINCE THE UNION OF THRACE WITH GREECE’ and ‘HELLENIC REPUBLIC’, as well as the year of issuance ‘2020’ and a palmette (the mintmark of the Greek mint). Also visible at left is the monogram of the artist (George Stamatopoulos). The region of Thrace, located in the northeastern corner of the country, was united with Greece after the end of World War I.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 750 000

Date of issue: May 2020


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
New national side of euro coins intended for circulation 2020/C 417/05
Date: 2020-12-02
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Greece, commemoration, euro, issuing of currency








C_2020417EN.01005301.xml










2.12.2020   


EN


Official Journal of the European Union


C 417/53






New national side of euro coins intended for circulation
(2020/C 417/05)




National side of the new commemorative 2-euro coin intended for circulation and issued by Greece

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Greece

Subject of commemoration: 2 500 years since the Battle of Thermopylae

Description of the design: The design depicts an ancient Greek helmet. Inscribed along the inner edge are the words ‘2500 YEARS SINCE THE BATTLE OF THERMOPYLAE’ and ‘HELLENIC REPUBLIC’. Also inscribed in the background are the year of issuance ‘2020’ and a palmette (the mintmark of the Greek mint). Visible down and right of the helmet is the monogram of the artist (George Stamatopoulos). Although ending in defeat for the Greeks, the Battle of Thermopylae remains a timeless symbol of heroic resistance.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 750 000

Date of issue: January 2020


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).