do-me/EUR-LEX huggingface dataset:
Case T-758/20: Action brought on 22 December 2020 — Monster Energy v EUIPO — Frito-Lay Trading Company (MONSTER)
Date: 2020-12-22
Institutions: General Court
Subjects: EU trade mark, beverage, coffee, milk, registered trade mark, trade-mark law








C_2021053EN.01006301.xml










15.2.2021   


EN


Official Journal of the European Union


C 53/63






Action brought on 22 December 2020 — Monster Energy v EUIPO — Frito-Lay Trading Company (MONSTER)
(Case T-758/20)
(2021/C 53/79)
Language of the case: English

Parties


Applicant: Monster Energy Co. (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Frito-Lay Trading Company GmbH (Bern, Switzerland)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark MONSTER — European Union trade mark No 9 492 158

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 October 2020 in Case R 2927/2019-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


annul the decision of the Cancellation Division of 22 October 2019 to the extent that it revoked the Registration for goods in Class 30;










—


dismiss the application for revocation of the Registration for goods in Class 30;










—


order EUIPO to bear its own costs of the proceedings and pay those of the applicant.





Plea in law







—


Incorrect application of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Joint declaration of the European Parliament, the Council and the Commission on reassessing the external assigned revenue and borrowing and lending provisions in the Financial Regulation 2020/C 444 I/06
Date: 2020-12-22
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: EU borrowing, auditing, budgetary discharge, budgetary procedure, revision of financial perspectives








CI2020444EN.01000601.xml










22.12.2020   


EN


Official Journal of the European Union


CI 444/6






Joint declaration of the European Parliament, the Council and the Commission on reassessing the external assigned revenue and borrowing and lending provisions in the Financial Regulation
(2020/C 444 I/06)
Against the background of the NGEU, the European Parliament, the Council and the Commission agree that in the framework of the next revision of the Financial Regulation, the following issues will be assessed and as appropriate revised:






—


the provisions on the external assigned revenue, in particular as referred to in Article 21(5) of the Financial Regulation;










—


the provisions on reporting on borrowing and lending operations.




The three institutions acknowledge that the existing rules on audits and discharge procedure apply to assigned revenue.
Non-opposition to a notified concentration (Case M.9848 — CMI/Rockaway/MR MC/Gjirafa Tech) (Text with EEA relevance) 2021/C 6/04
Date: 2020-12-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronic commerce, information technology industry, investment company, mass media, merger control, parent company, publishing, search engine, travel








C_2021006EN.01000601.xml










8.1.2021   


EN


Official Journal of the European Union


C 6/6






Non-opposition to a notified concentration
(Case M.9848 — CMI/Rockaway/MR MC/Gjirafa Tech)
(Text with EEA relevance)
(2021/C 6/04)
On 22 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 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 32020M9848. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-759/20: Action brought on 22 December 2020 — Monster Energy v EUIPO — Frito-Lay Trading Company (MONSTER ENERGY)
Date: 2020-12-22
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2021053EN.01006401.xml










15.2.2021   


EN


Official Journal of the European Union


C 53/64






Action brought on 22 December 2020 — Monster Energy v EUIPO — Frito-Lay Trading Company (MONSTER ENERGY)
(Case T-759/20)
(2021/C 53/80)
Language of the case: English

Parties


Applicant: Monster Energy Co. (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Frito-Lay Trading Company GmbH (Bern, Switzerland)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark MONSTER ENERGY — European Union trade mark No 9 500 448

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 October 2020 in Case R 2928/2019-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


annul the decision of the Cancellation Division of 23 October 2019 to the extent that it revoked the Registration for goods in Class 30;










—


dismiss the application for revocation of the Registration for goods in Class 30;










—


order EUIPO to bear its own costs of the proceedings and pay those of the applicant.





Plea in law







—


Incorrect application of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Corrigendum to Commission Delegated Regulation (EU) 2020/2153 of 7 October 2020 amending Council Regulation (EU) 2017/1939 as regards the categories of operational personal data and the categories of data subjects whose operational personal data may be processed in the index of case files by the European Public Prosecutor’s Office (Official Journal of the European Union L 431 of 21 December 2020)
Date: 2020-12-22
Institutions: European Commission
Subjects: EU office or agency, data protection, enhanced cooperation, fraud against the EU, natural person, operation of the Institutions, personal data, protection of privacy, public prosecutor's department








L_2020433EN.01008001.xml










22.12.2020   


EN


Official Journal of the European Union


L 433/80







Corrigendum to Commission Delegated Regulation (EU) 2020/2153 of 7 October 2020 amending Council Regulation (EU) 2017/1939 as regards the categories of operational personal data and the categories of data subjects whose operational personal data may be processed in the index of case files by the European Public Prosecutor’s Office
(

Official Journal of the European Union L 431 of 21 December 2020
)


On page 1, in the title and concluding formula:
for:


                  ‘
                  7 October 2020
                  ’,

read:


                  ‘
                  14 October 2020
                  ’.
Addendum to Notice of open competition – EPSO/AST-SC/10/20 – Secretaries (SC 1/SC 2) (OJ C 211 A, 25.6.2020)
Date: 2020-12-22
Institutions: European Personnel Selection Office
Subjects: assistant, competition (EU), coronavirus disease, disease prevention, epidemic, recruitment, secretarial staff








CA2020444EN.01000801.xml










22.12.2020   


EN


Official Journal of the European Union


CA 444/8






Addendum to Notice of open competition – EPSO/AST-SC/10/20 – Secretaries (SC 1/SC 2)
(Official Journal of the European Union C 211 A of 25 June 2020)
(2020/C 444 A/07)








1.


Due to the COVID-19 outbreak, from 6 March 2020 onwards EPSO had to interrupt and suspend its activities related to ongoing competitions in order to ensure all appropriate precautionary measures are in line with the instructions and guidelines provided by the EU institutions and national authorities. In particular, this affected the organisation of the tests with physical presence in EPSO’s premises or in one of EPSO’s accredited centres. EPSO initially planned to restart the testing from mid-September 2020. However, given the current COVID-19 situation, in which national authorities have introduced measures prohibiting large gatherings of people and limiting travel for public health reasons, it will not be possible to organise tests with physical presence in EPSO’s premises in the foreseeable future.












2.


To conclude the open competitions within a reasonable period of time, EPSO will determine the optimal way of testing for each competition and inform candidates in due time. Therefore all tests related to the abovementioned competition will now take place either remotely or in one of EPSO’s accredited test centres.
Remote online testing will allow candidates to sit the tests at home, in the office, etc. without needing to travel to an EPSO testing centre. Such testing takes place henceforth via online videoconferencing. All technical details will be provided in due time, including instructions on how to test the connection before the actual day of testing. Candidates must check their EPSO account at least twice a week.












3.


In case of testing in the EPSO accredited centres, candidates will be able to choose among a high number of those test centres both throughout Europe and worldwide. All sanitary measures that are necessary for the purpose of taking the test in those test centres will be taken.












4.


Invitations for the tests will be published in candidates’ EPSO accounts.












5.


For this competition the intermediate computer-based Multiple-Choice Question (MCQ) Microsoft Office Word skills test will now be organised either remotely or in one of EPSO’s accredited test centres.












6.


For this competition the assessment tests will now be organised either remotely or in one of EPSO’s accredited test centres.
Case C-701/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 22 December 2020 — Avis Autovermietung Gesellschaft mbH v Verein für Konsumenteninformation
Date: 2020-12-22
Institutions: Court of Justice
Subjects: consumer protection, data protection, data-processing law, infringement of EU law, personal data, restriction on competition, supervisory body








C_2021098EN.01000701.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/7






Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 22 December 2020 — Avis Autovermietung Gesellschaft mbH v Verein für Konsumenteninformation
(Case C-701/20)
(2021/C 98/08)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant in the appeal on a point of law: Avis Autovermietung Gesellschaft mbH

Respondent in the appeal on a point of law: Verein für Konsumenteninformation

Question referred

Do the rules in Chapter VIII, in particular in Article 80(1) and (2) and Article 84(1), of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (1) (‘the GDPR’), preclude national rules which — alongside the powers of intervention of the supervisory authorities responsible for monitoring and enforcing the regulation and the options for legal redress for data subjects — empower, on the one hand, competitors and, on the other, associations, entities and chambers entitled under national law, to bring proceedings for breaches of the GDPR, independently of the infringement of specific rights of individual data subjects and without being mandated to do so by a data subject, against the infringer before the civil courts on the basis of the prohibition of unfair commercial practices or breach of a consumer protection law or the prohibition of the use of invalid general terms and conditions?


(1)  OJ 2016 L 119, p. 1.
Addendum to Notice of open competition – EPSO/AD/381/20 – Administrators (AD 5) in the field of European law (OJ C 250 A, 30.7.2020)
Date: 2020-12-22
Institutions: European Personnel Selection Office
Subjects: EU law, administrator, competition (EU), coronavirus disease, disease prevention, epidemic, legal profession, recruitment








CA2020444EN.01000901.xml










22.12.2020   


EN


Official Journal of the European Union


CA 444/9






Addendum to Notice of open competition – EPSO/AD/381/20 – Administrators (AD 5) in the field of European law
(Official Journal of the European Union C 250 A of 30 July 2020)
(2020/C 444 A/08)








1.


Due to the COVID-19 outbreak, from 6 March 2020 onwards EPSO had to interrupt and suspend its activities related to ongoing competitions in order to ensure all appropriate precautionary measures are in line with the instructions and guidelines provided by the EU institutions and national authorities. In particular, this affected the organisation of the tests with physical presence in EPSO’s premises or in one of EPSO’s accredited centres. EPSO initially planned to restart the testing from mid-September 2020. However, given the current COVID-19 situation, in which national authorities have introduced measures prohibiting large gatherings of people and limiting travel for public health reasons, it will not be possible to organise tests with physical presence in EPSO’s premises in the foreseeable future.












2.


To conclude the open competitions within a reasonable period of time, EPSO will determine the optimal way of testing for each competition and inform candidates in due time. Therefore all tests related to the abovementioned competition will now take place either remotely or in one of EPSO’s accredited test centres.
Remote online testing will allow candidates to sit the tests at home, in the office, etc. without needing to travel to an EPSO testing centre. Such testing takes place henceforth via online videoconferencing. All technical details will be provided in due time, including instructions on how to test the connection before the actual day of testing. Candidates must check their EPSO account at least twice a week.












3.


In case of testing in the EPSO accredited centres, candidates will be able to choose among a high number of those test centres both throughout Europe and worldwide. All sanitary measures that are necessary for the purpose of taking the test in those test centres will be taken.












4.


Invitations for the tests will be published in candidates’ EPSO accounts.












5.


For this competition the computer-based Multiple-Choice Question (MCQ) tests will now be organised either remotely or in one of EPSO’s accredited test centres.












6.


For this competition the assessment tests will now be organised either remotely or in one of EPSO’s accredited test centres.
Addendum to Notice of open competition – EPSO/AST-SC/09/19 – Conference operators (SC 2) (OJ C 378 A, 7.11.2019)
Date: 2020-12-22
Institutions: European Personnel Selection Office
Subjects: assistant, competition (EU), coronavirus disease, disease prevention, epidemic, recruitment








CA2020444EN.01000501.xml










22.12.2020   


EN


Official Journal of the European Union


CA 444/5






Addendum to Notice of open competition – EPSO/AST-SC/09/19 – Conference operators (SC 2)
(Official Journal of the European Union C 378 A of 7 November 2019)
(2020/C 444 A/04)








1.


Due to the COVID-19 outbreak, from 6 March 2020 onwards EPSO had to interrupt and suspend its activities related to ongoing competitions in order to ensure all appropriate precautionary measures are in line with the instructions and guidelines provided by the EU institutions and national authorities. In particular, this affected the organisation of the tests with physical presence in EPSO’s premises or in one of EPSO’s accredited centres. EPSO initially planned to restart the testing from mid-September 2020. However, given the current COVID-19 situation, in which national authorities have introduced measures prohibiting large gatherings of people and limiting travel for public health reasons, it will not be possible to organise tests with physical presence in EPSO’s premises in the foreseeable future.












2.


To conclude the open competitions within a reasonable period of time, EPSO will determine the optimal way of testing for each competition and inform candidates in due time. Therefore all tests related to the abovementioned competition will now take place either remotely or in one of EPSO’s accredited test centres.
Remote online testing will allow candidates to sit the tests at home, in the office, etc. without needing to travel to an EPSO testing centre. Such testing takes place henceforth via online videoconferencing. All technical details will be provided in due time, including instructions on how to test the connection before the actual day of testing. Candidates must check their EPSO account at least twice a week.












3.


In case of testing in the EPSO accredited centres, candidates will be able to choose among a high number of those test centres both throughout Europe and worldwide. All sanitary measures that are necessary for the purpose of taking the test in those test centres will be taken.












4.


Invitations for the tests will be published in candidates’ EPSO accounts.












5.


For this competition the assessment tests will now be organised either remotely or in one of EPSO’s accredited test centres.
Case T-762/20: Action brought on 22 December 2020 — Sinopec Chongqing SVW Chemical and Others v Commission
Date: 2020-12-22
Institutions: General Court
Subjects: China, VAT, anti-dumping duty, chemical alcohol, disclosure of information, import (EU), originating product, product quality, reduced price, rights of the defence








C_2021053EN.01006402.xml










15.2.2021   


EN


Official Journal of the European Union


C 53/64






Action brought on 22 December 2020 — Sinopec Chongqing SVW Chemical and Others v Commission
(Case T-762/20)
(2021/C 53/81)
Language of the case: English

Parties


Applicants: Sinopec Chongqing SVW Chemical Co. Ltd (Chongqing, China), Sinopec Great Wall Energy & Chemical (Ningxia) Co. Ltd (Lingwu City, China), Central-China Company, Sinopec Chemical Commercial Holding Co. Ltd (Wuhan, China) (represented by: J. Cornelis, F. Graafsma and E. Vermulst, lawyers)

Defendants: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China (1);










—


orders the European Commission to pay the applicant’s costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that Article 2(6a) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (‘Basic Regulation’) mandates an approach and creates an exception that is not provided for in the WTO Anti-Dumping Agreement (‘ADA’), and therefore cannot be applied.










2.


Second plea in law, alleging a violation of article 2(10) Basic Regulation, by the deduction of a notional commission from the export price charged by Sinopec Central China and a manifest error of assessment in finding that Sinopec Central China acts as an agent working on a commission basis, by not observing the fair comparison requirement and by making an upward adjustment to the normal value for non-recoverable VAT.










3.


Third plea in law, alleging a violation of Article 18(1) and 18(5) Basic Regulation as well as Article 6.8 of and Annex II to the WTO Anti-Dumping Agreement by using a source for facts available that is punitive and is not the most fitting or appropriate information.










4.


Fourth plea in law, alleging a violation of Articles 3(2) and 3(3) Basic Regulation and manifest error of assessment when establishing price undercutting and a consequent violation of Article 3(6) basic Regulation by failing to conduct a segmented price undercutting analyses, by failing to make the necessary adjustments for quality differences and by failing to establish price undercutting for the product as a whole.










5.


Fifth plea in law, alleging a violation of the applicants’ rights of defence by refusing to disclose certain information necessary to be able to comment on the undercutting analysis.






(1)  OJ 2020, L 315, p. 1.
Joint declaration by the European Parliament, Council and Commission on the reinforcement of specific programmes and adaptation of basic acts 2020/C 444 I/01
Date: 2020-12-22
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: EU budget, EU financing, EU programme, budget appropriation, financing plan, multiannual financial framework








CI2020444EN.01000101.xml










22.12.2020   


EN


Official Journal of the European Union


CI 444/1






Joint declaration by the European Parliament, Council and Commission on the reinforcement of specific programmes and adaptation of basic acts
(2020/C 444 I/01)
Without prejudice to the powers of the legislative and budgetary authority, the European Parliament, the Council and the Commission agree to increase by 2,5 billion Euros in 2018 prices the financial envelopes in the basic acts or the financial programming, as appropriate, of those programmes that are identified by the European Parliament. This will be achieved through a corresponding reduction of the margins available under the MFF ceilings, without prejudice to the possible use of the Flexibility instrument in 2021.
Without prejudice to the legislative powers of the institutions, the European Parliament, the Council and the Commission agree to insert in the basic acts of programmes listed in Annex II of the MFF Regulation a provision on the increase of the financial envelopes by the amounts specified therein. For programmes establishing budgetary guarantees, the additional amount will be reflected in the additional level of the guarantees provided.