do-me/EUR-LEX huggingface dataset:
Case T-565/20: Order of the General Court of 14 June 2021 — TrekStor v EUIPO — Zagg (Protective cover for computer hardware) (Community design — Invalidity proceedings — Registered Community design representing a protective cover for computer hardware — Ground for invalidity — Unauthorised use of a work protected under the copyright law of a Member State — Article 25(1)(f) of Regulation (EC) No 6/2002 — Request that witnesses be heard — Action manifestly lacking any foundation in law)
Date: 2021-06-14
Institutions: General Court
Subjects: designs and models, peripheral








C_2021310EN.01003401.xml










2.8.2021   


EN


Official Journal of the European Union


C 310/34






Order of the General Court of 14 June 2021 — TrekStor v EUIPO — Zagg (Protective cover for computer hardware)
(Case T-565/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing a protective cover for computer hardware - Ground for invalidity - Unauthorised use of a work protected under the copyright law of a Member State - Article 25(1)(f) of Regulation (EC) No 6/2002 - Request that witnesses be heard - Action manifestly lacking any foundation in law)
(2021/C 310/45)
Language of the case: English

Parties


Applicant: TrekStor GmbH (Bensheim, Germany) (represented by: O. Spieker, A. Schönfleisch and N. Willich, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zagg Inc. (Midvale, Utah, United States) (represented by: T. Schmitz and M. Breuer, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 17 June 2020 (Case R 297/2019-3), relating to invalidity proceedings between TrekStor and Zagg.

Operative part of the order







1.


The action is dismissed.










2.


TrekStor GmbH shall pay the costs.






(1)  OJ C 378, 9.11.2020.
Council Decision of 14 June 2021 appointing one alternate member of the Management Board of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the Netherlands 2021/C 234 I/01
Date: 2021-06-14
Institutions: Council of the European Union
Subjects: Eurofound, Netherlands, appointment of members, decision-making body (EU)








CI2021234EN.01000101.xml










17.6.2021   


EN


Official Journal of the European Union


CI 234/1








            COUNCIL DECISION
         
of 14 June 2021
         
appointing one alternate member of the Management Board of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the Netherlands
(2021/C 234 I/01)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) 2019/127 of the European Parliament and of the Council of 16 January 2019 establishing the European Foundation for the improvement of living and working conditions (Eurofound), and repealing Council Regulation (EEC) No 1365/75 (1), and in particular Article 4 thereof,


Having regard to the lists of nominations for appointment submitted to the Council by the Governments of the Member States and by the employees’ and the employers’ organisations,

Whereas:







(1)


By its Decisions of 9 April 2019 (2), 25 June 2019 (3), 8 July 2019 (4), and 16 September 2019 (5), the Council appointed the members and alternate members of the Management Board of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) for the period from 1 April 2019 to 31 March 2023.












(2)


The trade unions’ organisation ETUC has submitted one nomination for a post to be filled,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as alternate member of the Management Board of the European Foundation for the Improvement of Living and Working Conditions, for the period ending on 31 March 2023:






II.


REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS











Country


Members


Alternate members




Netherlands


 


Ms Lottie VAN KELLE






Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.




This Decision shall be published for information in the Official Journal of the European Union.
Done at Luxembourg, 14 June 2021.


For the Council


The President

A. MENDES GODINHO
            





(1)  
            OJ L 30, 31.1.2019, p. 74.

(2)  
            OJ C 135, 11.4.2019, p. 1.

(3)  
            OJ C 216, 27.6.2019, p. 1.

(4)  
            OJ C 232, 10.7.2019, p. 3.

(5)  
            OJ C 314, 18.9.2019, p. 2.
Statement by the European Parliament on Council Decision 2010/427/EU and strategic coordination 2021/C 226 I/02
Date: 2021-06-14
Institutions: European Parliament
Subjects: EU aid, EU financial instrument, EU programme, European neighbourhood policy, cooperation policy, development policy, financial aid, nuclear safety, overseas countries and territories, pre-accession aid








CI2021226EN.01000201.xml










14.6.2021   


EN


Official Journal of the European Union


CI 226/2






Statement by the European Parliament on Council Decision 2010/427/EU and strategic coordination
(2021/C 226 I/02)
The European Parliament notes that the references to the Union’s external action instruments in Article 9 of Council Decision 2010/427/EU are obsolete, and therefore considers that, for the sake of legal clarity, this Article should be updated, in accordance with the procedure laid down in Article 27(3) of the Treaty on European Union, in order to take into account the Union external assistance instruments applicable in the period of the 2021-2027 MFF, namely the Neighbourhood, Development and International Cooperation Instrument - Global Europe, the Instrument for Pre-Accession Assistance, the European Instrument for International Nuclear Safety Cooperation and the Decision on the Overseas Association, including Greenland.
The European Parliament calls on the Commission and on the European External Action Service (EEAS) to establish a strategic coordination structure composed of all relevant Commission services and of the EEAS in order to ensure coherence, synergy, transparency and accountability in accordance with Article 5 of Regulation (EU) 2021/947 establishing the Neighbourhood, Development and International Cooperation Instrument - Global Europe.
Prior notification of a concentration (Case M.10273 — ArcelorMittal/Liberty Steel France) (Text with EEA relevance) 2021/C 226/07
Date: 2021-06-14
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, holding company, iron and steel industry, merger control, metallurgical industry








C_2021226EN.01000901.xml










14.6.2021   


EN


Official Journal of the European Union


C 226/9






Prior notification of a concentration
(Case M.10273 — ArcelorMittal/Liberty Steel France)
(Text with EEA relevance)
(2021/C 226/07)

1.   
On 4 June 2021, 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:






—


ArcelorMittal S.A. (Luxembourg),










—


Liberty Steel France Holding SAS (France).




ArcelorMittal S.A. acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of Liberty Steel France Holding SAS.
The concentration is accomplished by way of purchase of assets.


2.   
The business activities of the undertakings concerned are:






—


for ArcelorMittal S.A.: production of a broad range of finished and semi-finished steel products, in particular flat steel products, including sheets and plates, and long steel products, including bars, rods, structural shapes and rails as well as pipes and tubes for various applications,










—


for Liberty Steel France Holding SAS: holding company of two main assets, Liberty Rail and Liberty Ascoval. Liberty Rail is a rail manufacturer operating a single production site in Hayange, France. Liberty Ascoval is a producer of semi-finished and forged steel products in Saint-Saulve, France.






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.10273 — ArcelorMittal/Liberty Steel France
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’).
Notice of the impending expiry of certain anti-dumping measures 2021/C 226/03
Date: 2021-06-14
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: India, anti-dumping duty, electrical equipment, import (EU), originating product








C_2021226EN.01000301.xml










14.6.2021   


EN


Official Journal of the European Union


C 226/3






Notice of the impending expiry of certain anti-dumping measures
(2021/C 226/03)

1.   

As provided for in Article 11(2) 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 (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.


2.   Procedure

Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.








4.


This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain graphite electrode systems


India


Anti-dumping duty


Commission Implementing Regulation (EU) 2017/422 of 9 March 2017 imposing a definitive anti-dumping duty on imports of certain graphite electrode systems originating in India following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
(OJ L 64, 10. 3.2017, p. 46)


11.3.2022










(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight (00:00) of the day mentioned in this column.
Declaration by the European Commission on Recitals 50 and 51 and Article 8.10 2021/C 226 I/05
Date: 2021-06-14
Institutions: European Commission
Subjects: EU aid, EU financial instrument, EU migration policy, EU programme, European neighbourhood policy, cooperation policy, development policy, financial aid, forced migration, migration control








CI2021226EN.01000501.xml










14.6.2021   


EN


Official Journal of the European Union


CI 226/5






Declaration by the European Commission on Recitals 50 and 51 and Article 8.10
(2021/C 226 I/05)
Regional migration support programmes will support comprehensive, balanced and tailor-made partnerships with relevant countries of origin or transit and host countries, following a flexible incitative approach, and supported by the coordination mechanism within the Neighbourhood, Development and International Cooperation Instrument – Global Europe. They will be complemented by actions under the country programmes, where appropriate.
In order to ensure the most efficient and impactful use of these funds, in line with the Union’s and partner countries’ policy priorities, the European Commission will actively implement these priorities using all relevant Union instruments and participate in the coordination with the Member States in a synchronised and efficient manner. It will ensure that the European Parliament and the Council are closely and regularly informed, allowing for exchanges of views.
Case T-512/20: Order of the General Court of 14 June 2021 — TrekStor GmbH v EUIPO — Zagg (Protective cover for computer hardware) (Community design — Invalidity proceedings — Registered Community design representing a protective cover for computer hardware — Ground for invalidity — Unauthorised use of a work protected under the copyright law of a Member State — Article 25(1)(f) of Regulation (EC) No 6/2002 — Request that witnesses be heard — Action manifestly lacking any foundation in law)
Date: 2021-06-14
Institutions: General Court
Subjects: designs and models, peripheral








C_2021310EN.01003201.xml










2.8.2021   


EN


Official Journal of the European Union


C 310/32






Order of the General Court of 14 June 2021 — TrekStor GmbH v EUIPO — Zagg (Protective cover for computer hardware)
(Case T-512/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing a protective cover for computer hardware - Ground for invalidity - Unauthorised use of a work protected under the copyright law of a Member State - Article 25(1)(f) of Regulation (EC) No 6/2002 - Request that witnesses be heard - Action manifestly lacking any foundation in law)
(2021/C 310/42)
Language of the case: English

Parties


Applicant: TrekStor GmbH (Bensheim, Germany) (represented by: O. Spieker, A. Schönfleisch and N. Willich, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zagg Inc. (Midvale, Utah, United States) (represented by: T. Schmitz and M. Breuer, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 8 June 2020 (Case R 294/2019-3), relating to invalidity proceedings between TrekStor and Zagg.

Operative part of the order







1.


The action is dismissed.










2.


TrekStor GmbH shall pay the costs.






(1)  OJ C 378, 9.11.2020.
Prior notification of a concentration (Case M.10303 — Astorg/Bridgepoint/Fenergo) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 226/08
Date: 2021-06-14
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, information technology industry, investment company, merger control








C_2021226EN.01001001.xml










14.6.2021   


EN


Official Journal of the European Union


C 226/10






Prior notification of a concentration
(Case M.10303 — Astorg/Bridgepoint/Fenergo)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 226/08)

1.   
On 7 June 2021, 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:






—


Astorg VII SCSp (represented by Astorg Asset Management S. à r. l.) and the other affiliates of the Astorg group (‘Astorg’, Luxembourg),










—


Bridgepoint Europe VI Fund (‘Bridgepoint’, United Kingdom),










—


Fenergo Group Limited (‘Fenergo’, Ireland).




Astorg and Bridgepoint acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Fenergo.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Astorg is a private equity group, that works with entrepreneurial management teams to acquire companies and offer strategic guidance, governance and capital,










—


Bridgepoint is an international alternative asset management group, investing in established Europe-focused middle market businesses in a broad range of sectors,










—


Fenergo is a provider of software solutions aimed at helping banks and financial institutions operate effectively.






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.10303 — Astorg/Bridgepoint/Fenergo
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.
Case C-287/21: Order of the President of the Court of 14 June 2021 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — FC v FTI Touristik GmbH
Date: 2021-06-14
Institutions: Court of Justice
Subjects: Italy, Sardinia, package travel, provision of services, termination of a contract, traveller








C_2021357EN.01001703.xml










6.9.2021   


EN


Official Journal of the European Union


C 357/17






Order of the President of the Court of 14 June 2021 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — FC v FTI Touristik GmbH
(Case C-287/21) (1)

(2021/C 357/27)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 278, 12.7.2021.
Council Decision of 14 June 2021 appointing one member and one alternate member of the Management Board of the European Agency for Safety and Health at Work (EU-OSHA) for Latvia 2021/C 234 I/02
Date: 2021-06-14
Institutions: Council of the European Union
Subjects: European Agency for Safety and Health at Work, Latvia, appointment of members, decision-making body (EU)








CI2021234EN.01000301.xml










17.6.2021   


EN


Official Journal of the European Union


CI 234/3








            COUNCIL DECISION
         
of 14 June 2021
         
appointing one member and one alternate member of the Management Board of the European Agency for Safety and Health at Work (EU-OSHA) for Latvia
(2021/C 234 I/02)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94 (1), and in particular Article 4 thereof,


Having regard to the list of candidates submitted to the Council by the Governments of the Member States and by the employees’ and the employers’ organisations,


Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,

Whereas:







(1)


By its Decisions of 9 April 2019 (2), 6 June 2019 (3) (4), and 8 July 2019 (5), the Council appointed the members and alternate members of the Management Board of the European Agency for Safety and Health at Work for the period from 1 April 2019 to 31 March 2023.












(2)


The employers’ organisation BusinessEurope has submitted two nominations for two posts to be filled,





HAS ADOPTED THIS DECISION:



Article 1
The following are appointed as member and alternate member of the Management Board of the European Agency for Safety and Health at Work for the period ending on 31 March 2023:






III.


REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS







Country


Members


Alternate members




Latvia


Mr Jānis PUMPIŅŠ


Ms Inese STEPIŅA










Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 16 June 2021.


For the Council


The President

A. MENDES GODINHO
            





(1)  
            OJ L 30, 31.1.2019, p. 58.

(2)  
            OJ C 135, 11.4.2019, p. 7.

(3)  
            OJ C 195, 11.6.2019, p. 4.

(4)  
            OJ L 156, 13.6.2019, p. 3.

(5)  
            OJ C 232,10.7.2019, p. 4.
Case T-331/21: Action brought on 14 June 2021 — mBank v EUIPO — European Merchant Bank (EMBANK European Merchant Bank)
Date: 2021-06-14
Institutions: General Court
Subjects: EU trade mark, bank, banking, economic value, financial services, registered trade mark, trade-mark law








C_2021320EN.01004501.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/45






Action brought on 14 June 2021 — mBank v EUIPO — European Merchant Bank (EMBANK European Merchant Bank)
(Case T-331/21)
(2021/C 320/51)
Language of the case: English

Parties


Applicant: mBank S.A. (Warsaw, Poland) (represented by: E. Skrzydło-Tefelska and K. Gajek, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: European Merchant Bank UAB (Vilnius, Lithuania)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark EMBANK European Merchant Bank — European Union trade mark No 18 048 966

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 30 March 2021 in Case R 1845/2020-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 27(4) of Commission Delegated Regulation (EU) 2018/625.