do-me/EUR-LEX huggingface dataset:
Case T-338/21: Action brought on 18 June 2021 — F I S I v EUIPO — Verband der Deutschen Daunen- und Federnindustrie (ECODOWN)
Date: 2021-06-18
Institutions: General Court
Subjects: EU trade mark, animal product, registered trade mark, textile product, trade-mark law








C_2021320EN.01004801.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/48






Action brought on 18 June 2021 — F I S I v EUIPO — Verband der Deutschen Daunen- und Federnindustrie (ECODOWN)
(Case T-338/21)
(2021/C 320/54)
Language in which the application was lodged: Italian

Parties


Applicant: F I S I Fibre sintetiche SpA (Oggiono, Italy) (represented by: G. Cartella and B. Cartella, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Verband der Deutschen Daunen- und Federnindustrie (Magonza, Germany)

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 ‘ECODOWN’ — European Union trade mark No 2 756 740

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 13 April 2021 in Case R 216/2020-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


consequently, rule on the merits confirming the validity of EU trade mark No 2 756 740










—


order the other party to the proceedings to pay the costs of the proceedings, including the costs of the proceedings before EUIPO.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Incorrect consideration of the evidence submitted by the applicant regarding the distinctive character of the mark acquired through use.
COMMISSION OPINION on a draft Regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman's duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom
Date: 2021-06-18
Institutions: European Commission, Secretariat-General
Subjects: European Ombudsman, drafting of EU law, institutional activity, operation of the Institutions, regulation (EU)



IMMC.COM%282021%29329%20final.ENG.xhtml.1_EN_ACT_part1_v3.docx






EUROPEAN COMMISSION
Brussels, 18.6.2021
COM(2021) 329 final
COMMISSION OPINION 
on a draft Regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman's duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom






COMMISSION OPINION


on a draft Regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman's duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom


On 25 March 2019, pursuant to Article 228(4) of the Treaty on the Functioning of the European Union, the European Parliament sent a letter to the Commission seeking its opinion on a draft regulation, as adopted at the Parliament’s plenary session on 12 February 2019, laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom. The same day, the Parliament sent a letter to the Council seeking its consent.


The Commission delivered its opinion on 31 October 2019
I
. On 27 November 2019, the Finnish Presidency of the Council sent a letter to Mr Antonio Tajani, Chair of the Parliament’s Committee on Constitutional Affairs, with preliminary comments.


Following subsequent discussions between the three institutions, the Parliament adopted a new draft regulation on 9 June 2021.


The Commission considers that the new draft regulation can be accepted and therefore delivers a positive opinion on it.






(I)


 COM(2019) 553 final/3
Non-opposition to a notified concentration (Case M.10297 — CDPQ/OTPP/Ohio) (Text with EEA relevance) 2021/C 254/02
Date: 2021-06-18
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, disability insurance, economic concentration, investment company, life assurance, merger control, pension scheme








C_2021254EN.01000201.xml










29.6.2021   


EN


Official Journal of the European Union


C 254/2






Non-opposition to a notified concentration
(Case M.10297 — CDPQ/OTPP/Ohio)
(Text with EEA relevance)
(2021/C 254/02)
On 18 June 2021, 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 32021M10297. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Council Decision of 18 June 2021 appointing a member of the Scientific and Technical Committee 2021/C 244 I/02
Date: 2021-06-18
Institutions: Council of the European Union
Subjects: appointment of members, scientific committee (EU), technical committee (EU)




CI2021244EN.01000301.xml










22.6.2021   


EN


Official Journal of the European Union


CI 244/3






COUNCIL DECISION
of 18 June 2021
appointing a member of the Scientific and Technical Committee
(2021/C 244 I/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 (2) thereof,
After consulting the European Commission,
Whereas:






(1)


By means of its Decision of 6 November 2018 (1), the Council appointed the members of the Scientific and Technical Committee (’the Committee’) for the period from 6 November 2018 to 6 November 2023.










(2)


Following the decease of Mr Roland ZEYEN, a seat on the Committee has become vacant. A new member should therefore be appointed for the remainder of Mr Roland ZEYEN’s term of office,




HAS ADOPTED THIS DECISION:

Article 1
Mr Michel FEIDER is hereby appointed member of the Scientific and Technical Committee until 6 November 2023.


Article 2
This Decision shall enter into force on the date of its adoption.


Done at Luxembourg, 18 June 2021.


For the Council


The President

J. LEÄO




(1)  Council Decision of 6 November 2018 appointing the members of the Scientific and Technical Committee (OJ C 403, 9.11.2018, p. 2).
Non-opposition to a notified concentration (Case M.10291 — Arçelik/Whirlpool Beyaz) (Text with EEA relevance) 2021/C 351/05
Date: 2021-06-18
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronics industry, household electrical appliance, merger control








C_2021351EN.01001801.xml










1.9.2021   


EN


Official Journal of the European Union


C 351/18






Non-opposition to a notified concentration
(Case M.10291 — Arçelik/Whirlpool Beyaz)
(Text with EEA relevance)
(2021/C 351/05)
On 18 June 2021, 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 32021M10291. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.10234 – BAIN CAPITAL / CINVEN / LONZA SPECIALTY INGREDIENTS) (Text with EEA relevance) 2021/C 509/03
Date: 2021-06-18
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, consultancy, economic concentration, investment company, merger control, polishing and scouring preparations








C_2021509EN.01000301.xml










17.12.2021   


EN


Official Journal of the European Union


C 509/3






Non-opposition to a notified concentration
(Case M.10234 – BAIN CAPITAL / CINVEN / LONZA SPECIALTY INGREDIENTS)
(Text with EEA relevance)
(2021/C 509/03)
On 18 June 2021, 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 policy’ 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 32021M10234. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-374/21: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 18 June 2021 — Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v AB, CD, EF
Date: 2021-06-18
Institutions: Court of Justice
Subjects: action brought before an administrative court, administrative sanction, debt, enforcement of ruling, limitation of legal proceedings








C_2021357EN.01001001.xml










6.9.2021   


EN


Official Journal of the European Union


C 357/10






Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 18 June 2021 — Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v AB, CD, EF
(Case C-374/21)
(2021/C 357/13)
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Appellant: Instituto de Financiamento da Agricultura e Pescas IP (IFAP)

Respondents: AB, CD, EF

Questions referred







1.


Does Article 3(1) of Regulation (EC, Euratom) No 2988/95 (1) of 18 December 1995 preclude national legislation under which a limitation period of four or eight years may not be applied in judicial enforcement proceedings which have been commenced, since that issue may be assessed only in the context of an administrative-law action brought against the measure ordering the repayment of sums received in error on the ground that an irregularity has been established?
If that question is answered in the negative, the following question is raised:










2.


Must the three-year period laid down in Article 3(2) of Regulation No 2988/95 be regarded as being a limitation period applicable to the debt that is generated by the adoption of a measure requiring the repayment of sums received in error on account of the presence of irregularities in the financing? Does that period start to run from the date on which that measure is adopted?
If that question is answered in the negative, the following question is also raised:










3.


Does Article 3 of Regulation No 2988/95 preclude national legislation under which the limitation period applicable to the debt is interrupted in the case where, in the context of enforced recovery pursued against secondarily liable parties from the beneficiary company, those parties receive due notice, and remains suspended until such time as a final or unappealable decision is adopted on the objection raised by such secondarily liable parties?






(1)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ 1995 L 312, p. 1).
Case C-165/21: Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Københavns Byret — Danmark) — Orion Corporation v Lægemiddelstyrelsen, in the presence of: Teva Danmark A/S
Date: 2021-06-18
Institutions: Court of Justice
Subjects: EU Member State, European Medicines Agency, accession to the European Union, drug surveillance, market approval, medicinal product, mutual recognition principle








C_2021368EN.01001902.xml










13.9.2021   


EN


Official Journal of the European Union


C 368/19






Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Københavns Byret — Danmark) — Orion Corporation v Lægemiddelstyrelsen, in the presence of: Teva Danmark A/S
(Case C-165/21) (1)

(2021/C 368/32)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 206, 31.05.2021.
Council Decision (EU) 2021/1024 of 18 June 2021 amending Decision 2009/908/EU, laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council
Date: 2021-06-18
Institutions: Council of the European Union
Subjects: EU Member State, Presidency of the Council of the EU, administrative structures, operation of the Institutions








L_2021224EN.01002001.xml










24.6.2021   


EN


Official Journal of the European Union


L 224/20








            COUNCIL DECISION (EU) 2021/1024
of 18 June 2021
         
amending Decision 2009/908/EU, laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,


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


Having regard to European Council Decision 2009/881/EU of 1 December 2009 on the exercise of the Presidency of the Council (1), and in particular Article 4 thereof,

Whereas,







(1)


By Decision 2009/908/EU (2) the Council laid down measures for the implementation of European Council Decision 2009/881/EU. The preparatory bodies which are not chaired by the six-monthly Presidency are listed in Annex III of Decision 2009/908/EU, as provided for in Article 2, third subparagraph, of European Council Decision 2009/881/EU.












(2)


According to Annex III to Decision 2009/908/EU, the Working Party on Legal Data Processing is listed among the preparatory bodies of the Council that are chaired by the General Secretariat of the Council.












(3)


In light of the experience of and the type of tasks carried out by the Working Party on Legal Data Processing, that working party should be chaired by the six-monthly Presidency.












(4)


Decision 2009/908/EU should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Annex III of Decision 2009/908/EU, the text ‘Working Party on Legal Data Processing’ is deleted.


Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 July 2021.
It shall be published in the Official Journal of the European Union.




Done at Luxembourg, 18 June 2021.


For the Council


The President

J. LEÃO
            





(1)  
            OJ L 315, 2.12.2009, p. 50.

(2)  Council Decision 2009/908/EU of 1 December 2009, laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council (OJ L 322, 9.12.2009, p. 28).
Case C-373/21 P: Appeal brought on 18 June 2021 by Hasbro Inc. against the judgment of the General Court (Sixth Chamber, Extended Composition) delivered on 21 April 2021 in Case T-663/19, Hasbro v EUIPO
Date: 2021-06-18
Institutions: Court of Justice
Subjects: EU trade mark, gaming, registered trade mark, toy industry, trade-mark law








C_2022037EN.01000502.xml










24.1.2022   


EN


Official Journal of the European Union


C 37/5






Appeal brought on 18 June 2021 by Hasbro Inc. against the judgment of the General Court (Sixth Chamber, Extended Composition) delivered on 21 April 2021 in Case T-663/19, Hasbro v EUIPO
(Case C-373/21 P)
(2022/C 37/06)
Language of the case: English

Parties


Appellant: Hasbro Inc. (represented by: J. Moss, Barrister)

Other party to the proceedings: European Union Intellectual Property Office
By order of 1 December 2021, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Hasbro Inc. should bear its own costs.
Prior notification of a concentration (Case M.10280 – ABP/Slaney/Linden) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 236/07
Date: 2021-06-18
Institutions: Directorate-General for Competition, European Commission
Subjects: beef, cattle, economic concentration, meat processing industry, merger control, sheep, sheepmeat








C_2021236EN.01001401.xml










18.6.2021   


EN


Official Journal of the European Union


C 236/14






Prior notification of a concentration
(Case M.10280 – ABP/Slaney/Linden)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 236/07)

1.   
On 10 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:






—


ABP Food Group (‘ABP’, Ireland),










—


Slaney Foods International (‘Slaney’, Ireland), currently joinly controlled by ABP and Fane Valley,










—


Linden Foods Limited (‘Linden’, Ireland), currently jointly controlled by ABP and Fane Valley.




ABP acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Slaney and Linden. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for ABP: slaughtering of cattle and ovine animals (lamb and sheep), processing of their meat and collection and processing of associated animal by-products,










—


for Slaney and Linden: slaughtering of cattle and ovine animals, the processing of their meat and the collection and processing of animal by-products in Ireland and Belgium Slaney and in the UK for Linden.






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.10280 – ABP/Slaney/Linden
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-106/21: Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v BC
Date: 2021-06-18
Institutions: Court of Justice
Subjects: airline, carriage of passengers, civil aviation, indemnification, strike, trade union, traveller








C_2021382EN.01002401.xml










20.9.2021   


EN


Official Journal of the European Union


C 382/24






Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v BC
(Case C-106/21) (1)

(2021/C 382/33)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 182, 10.05.2021.
Non-opposition to a notified concentration (Case M.10294 — MUFG/SMFG/MHFG/Resona HD/JV) (Text with EEA relevance) 2021/C 245/02
Date: 2021-06-18
Institutions: Directorate-General for Competition, European Commission
Subjects: Japan, banking, economic concentration, electronic money, merger control








C_2021245EN.01000201.xml










24.6.2021   


EN


Official Journal of the European Union


C 245/2






Non-opposition to a notified concentration
(Case M.10294 — MUFG/SMFG/MHFG/Resona HD/JV)
(Text with EEA relevance)
(2021/C 245/02)
On 18. June 2021, 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 32021M10294. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-474/20: Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Vrhovni sud — Croatie) — I.D. v Z b. d.d.
Date: 2021-06-18
Institutions: Court of Justice
Subjects: Croatia, accession to the European Union, application of EU law, consumer credit, consumer protection, redemption, unfair terms of contract








C_2021368EN.01001501.xml










13.9.2021   


EN


Official Journal of the European Union


C 368/15






Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Vrhovni sud — Croatie) — I.D. v Z b. d.d.
(Case C-474/20) (1)

(2021/C 368/15)
Language of the case: Croatian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 423, 7.12.2020.
Case C-11/21: Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v IY, TP
Date: 2021-06-18
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, strike, trade union, traveller








C_2021368EN.01001802.xml










13.9.2021   


EN


Official Journal of the European Union


C 368/18






Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v IY, TP
(Case C-11/21) (1)

(2021/C 368/28)
Language of the case: German.
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 88, 15.3.2021.