do-me/EUR-LEX huggingface dataset:
Case T-638/19: Judgment of the General Court of 12 May 2021 — Sun Stars & Sons v EUIPO — Valvis Holding (AC AQUA AC) (EU trade mark — Opposition proceedings — Application for the three-dimensional EU trade mark AC AQUA AC — Earlier three-dimensional EU and national trade marks VODAVODA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2021-05-12
Institutions: General Court
Subjects: EU trade mark, advertising, delivery, distributor, non-alcoholic beverage, packaging, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2021252EN.01002002.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/20






Judgment of the General Court of 12 May 2021 — Sun Stars & Sons v EUIPO — Valvis Holding (AC AQUA AC)
(Case T-638/19) (1)

(EU trade mark - Opposition proceedings - Application for the three-dimensional EU trade mark AC AQUA AC - Earlier three-dimensional EU and national trade marks VODAVODA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2021/C 252/27)
Language of the case: English

Parties


Applicant: Sun Stars & Sons Pte Ltd (Singapore, Singapore) (represented by: M. Maček and C. Saettel, lawyers)

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: Valvis Holding SA (Bucharest, Romania) (represented by: D. Bogdan, G. Bozocea and M. Stănescu, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 August 2019 (Case R 649/2018-4), relating to opposition proceedings between Sun Stars & Sons and Valvis Holding.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Valvis Holding SA to pay the costs.






(1)  OJ C 399, 25.11.2019.
Case T-178/20: Judgment of the General Court of 12 May 2021 — Bavaria Weed v EUIPO (BavariaWeed) (EU trade mark — Application for the EU figurative mark BavariaWeed — Absolute ground for refusal — Trade mark contrary to public policy — Article 7(1)(f) of Regulation (EU) 2017/1001 — Article 7(2) of Regulation 2017/1001)
Date: 2021-05-12
Institutions: General Court
Subjects: EU trade mark, consultancy, marketing, medical plant, medical research, narcotic, packaging, registered trade mark, storage, trade-mark law








C_2021252EN.01002202.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/22






Judgment of the General Court of 12 May 2021 — Bavaria Weed v EUIPO (BavariaWeed)
(Case T-178/20) (1)

(EU trade mark - Application for the EU figurative mark BavariaWeed - Absolute ground for refusal - Trade mark contrary to public policy - Article 7(1)(f) of Regulation (EU) 2017/1001 - Article 7(2) of Regulation 2017/1001)
(2021/C 252/30)
Language of the case: German

Parties


Applicant: Bavaria Weed GmbH (Herrsching am Ammersee, Germany) (represented by: J. Wolhändler, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 January 2020 (Case R 1458/2019-5), relating to an application for registration of the figurative sign BavariaWeed as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Bavaria Weed GmbH to pay the costs.






(1)  OJ C 191, 8.6.2020.
Case T-197/18: Order of the General Court of 12 May 2021 — JV Voscf and Others v Council and Others
Date: 2021-05-12
Institutions: General Court
Subjects: Cyprus, company in difficulties, equal treatment, financial institution, indemnification, interest, ownership, principle of proportionality








C_2021252EN.01003801.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/38






Order of the General Court of 12 May 2021 — JV Voscf and Others v Council and Others
(Case T-197/18) (1)

(2021/C 252/59)
Language of the case: English
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 190, 4.6.2018.
Case C-70/20: Judgment of the Court (Fourth Chamber) of 12 May 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — YL v Altenrhein Luftfahrt GmbH (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Air carrier liability in the event of accidents — Concept of ‘accident’ — Hard landing made within the normal operating range of an aircraft — Bodily injury allegedly sustained by a passenger during such a landing — No accident)
Date: 2021-05-12
Institutions: Court of Justice
Subjects: air transport, carrier, international agreement, liability, transport accident, trauma, traveller








C_2021278EN.01001802.xml










12.7.2021   


EN


Official Journal of the European Union


C 278/18






Judgment of the Court (Fourth Chamber) of 12 May 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — YL v Altenrhein Luftfahrt GmbH
(Case C-70/20) (1)

(Reference for a preliminary ruling - Air transport - Montreal Convention - Article 17(1) - Air carrier liability in the event of accidents - Concept of ‘accident’ - Hard landing made within the normal operating range of an aircraft - Bodily injury allegedly sustained by a passenger during such a landing - No accident)
(2021/C 278/25)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: YL

Defendant: Altenrhein Luftfahrt GmbH

Operative part of the judgment

Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001 must be interpreted as meaning that the concept of ‘accident’ laid down in that provision does not cover a landing that has taken place in accordance with the operating procedures and limitations applicable to the aircraft in question, including the tolerances and margins stipulated in respect of the performance factors that have a significant impact on landing, and taking into account the rules of the trade and best practice in the field of aircraft operation, even if the passenger concerned perceives that landing as an unforeseen event.


(1)  OJ C 201, 15.6.2020.
Case T-119/17 RENV: Judgment of the General Court of 12 May 2021 — Alba Aguilera and Others v EEAS (Civil service — Officials — Temporary agents — Contract staff — Remuneration — EEAS staff posted to a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of allowance for living conditions — Decision on reduction of the allowance for living conditions for staff posted to Ethiopia from 30 to 25 % — Regional coherence — Manifest errors of assessment)
Date: 2021-05-12
Institutions: General Court
Subjects: Ethiopia, European official, allowances and expenses, contract staff, living conditions, posted worker, servant (EU), staff regulations (EU), temporary employment








C_2021263EN.01001301.xml










5.7.2021   


EN


Official Journal of the European Union


C 263/13






Judgment of the General Court of 12 May 2021 — Alba Aguilera and Others v EEAS
(Case T-119/17 RENV) (1)

(Civil service - Officials - Temporary agents - Contract staff - Remuneration - EEAS staff posted to a third country - Article 10 of Annex X to the Staff Regulations - Annual assessment of allowance for living conditions - Decision on reduction of the allowance for living conditions for staff posted to Ethiopia from 30 to 25 % - Regional coherence - Manifest errors of assessment)
(2021/C 263/17)
Language of the case: French

Parties


Applicants: Ruben Alba Aguilera (Addis Ababa, Ethiopia) and the 27 other applicants whose names are listed in the annex to the judgment (represented by: S. Orlandi, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents, and M. Troncoso Ferrer, C. García Fernández and F.-M. Hislaire, lawyers)

Re:

APPICATION under Article 270 TFUE seeking the annulment of the decision of the EEAS of 19 April 2016 ADMIN(2016) 7, fixing the ALC referred to in Article 10 of Annex X to the Staff Regulations –Financial Year 2016, in so far as that decision reduces, as of 1 January 2016, the allowance for living conditions paid to European Union staff posted in Ethiopia.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Director-General for Budget and Administration of the European External Action Service (EEAS) 19 April 2016, fixing the allocation for living conditions referred to in Article 10 of Annex X to the Staff Regulations — Financial Year 2016, in so far as it reduces, as of 1 January 2016, the allowance for living conditions paid to European Union staff posted in Ethiopia.










2.


Orders the EEAS to pay the costs incurred in Cases T-119/17, C-427/18 P and T-119/17 RENV.






(1)  OJ C 129, 24.4.2017.
Case C-202/20 P: Judgment of the Court (Eighth Chamber) of 12 May 2021 — Claudio Necci v European Commission, European Parliament, Council of the European Union (Appeal — Civil service — Former member of the contract staff — Social security — Joint Sickness Insurance Scheme (JSIS) — Article 95 of the Conditions of Employment of Other Servants of the European Union (CEOS) — Continued membership after retirement — Condition of having been employed for more than three years — Request to join the JSIS following a transfer of pension rights — Equating the credited years of pensionable service with years of service — Rejection of the request — Action for annulment — Act having an adverse effect — Order of the General Court declaring the action inadmissible — Order set aside)
Date: 2021-05-12
Institutions: Court of Justice
Subjects: health insurance, retired person, seniority, servant (EU), social security legislation, staff regulations (EU), transfer of pension rights








C_2021278EN.01002201.xml










12.7.2021   


EN


Official Journal of the European Union


C 278/22






Judgment of the Court (Eighth Chamber) of 12 May 2021 — Claudio Necci v European Commission, European Parliament, Council of the European Union
(Case C-202/20 P) (1)

(Appeal - Civil service - Former member of the contract staff - Social security - Joint Sickness Insurance Scheme (JSIS) - Article 95 of the Conditions of Employment of Other Servants of the European Union (CEOS) - Continued membership after retirement - Condition of having been employed for more than three years - Request to join the JSIS following a transfer of pension rights - Equating the credited years of pensionable service with years of service - Rejection of the request - Action for annulment - Act having an adverse effect - Order of the General Court declaring the action inadmissible - Order set aside)
(2021/C 278/30)
Language of the case: French

Parties


Appellant: Claudio Necci (represented initially by S. Orlandi and T. Martin, avocats, and subsequently by S. Orlandi, avocat)

Other parties to the proceedings: European Commission (represented by: B. Mongin and T.S. Bohr, acting as Agents), European Parliament (represented by: J. Van Pottelberge and I. Terwinghe, acting as Agents), Council of the European Union (represented by: M. Bauer and M. Alver, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the order of the General Court of the European Union of 25 March 2020, Necci v Commission (T-129/19, not published, EU:T:2020:131);










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 304, 14.9.2020.
Case C-309/21 P: Appeal brought on 12 May 2021 by Graanhandel P. van Schelven BV against the order of the General Court (Eighth Chamber) delivered on 24 March 2021 in Case T-306/19, Graanhandel P. van Schelven v Commission
Date: 2021-05-12
Institutions: Court of Justice
Subjects: access to EU information, environmental industry, import (EU), organic certification, organic product, originating product, right to justice, rights of the defence, surveillance concerning imports, third country








C_2021462EN.01002403.xml










15.11.2021   


EN


Official Journal of the European Union


C 462/24






Appeal brought on 12 May 2021 by Graanhandel P. van Schelven BV against the order of the General Court (Eighth Chamber) delivered on 24 March 2021 in Case T-306/19, Graanhandel P. van Schelven v Commission
(Case C-309/21 P)
(2021/C 462/27)
Language of the case: English

Parties


Appellant: Graanhandel P. van Schelven BV (represented by: C. Almeida, advocaat)

Other party to the proceedings: European Commission

Form of order sought

By order of 28 September 2021, the Court of Justice (Ninth Chamber) held that the appeal is dismissed as manifestly unfounded and that Graanhandel P. van Schelven BV shall bear its own costs.
Case C-300/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 12 May 2021 — UI v Österreichische Post AG
Date: 2021-05-12
Institutions: Court of Justice
Subjects: data protection, data-processing law, indemnification, infringement of EU law, personal data








C_2021320EN.01002501.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/25






Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 12 May 2021 — UI v Österreichische Post AG
(Case C-300/21)
(2021/C 320/24)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant on a point of law: UI

Respondent in the appeal on a point of law: Österreichische Post AG

Questions referred







1.


Does the award of compensation under Article 82 of Regulation (EU) 2016/679 (1) (the GDPR) also require, in addition to infringement of provisions of the GDPR, that an applicant must have suffered harm, or is the infringement of provisions of the GDPR in itself sufficient for the award of compensation?










2.


Does the assessment of the compensation depend on further EU-law requirements in addition to the principles of effectiveness and equivalence?










3.


Is it compatible with EU law to take the view that the award of compensation for non-material damage presupposes the existence of a consequence of the infringement of at least some weight that goes beyond the upset caused by that infringement?






(1)  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) (OJ 2016 L 119, p. 1).
Corrigendum to Call for expression of interest for the selection of the standing high-level Chair of the Panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 and his/her Deputy (Official Journal of the European Union C 147 A of 26 April 2021) 2021/C 184/14
Date: 2021-05-12
Institutions: European Commission
Subjects: administrative sanction, committee (EU), competition (EU), financial control, financial regulation, fraud against the EU, job vacancy, president of an institution, recruitment, vice-president of an institution








C_2021184EN.01002701.xml










12.5.2021   


EN


Official Journal of the European Union


C 184/27






Corrigendum to Call for expression of interest for the selection of the standing high-level Chair of the Panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 and his/her Deputy

(
Official Journal of the European Union C 147 A of 26 April 2021
)

(2021/C 184/14)
On page 4, point XI. Deadline:
for:

‘The closing deadline for applications is 10 working days from the date of the publication of the call for expression of interest in the Official Journal of the European Union.’,

read:

‘The closing deadline for applications is 20 working days from the date of the publication of the call for expression of interest in the Official Journal of the European Union.’.