do-me/EUR-LEX huggingface dataset:
Case T-460/20: Judgment of the General Court of 8 September 2021 — SBG v EUIPO — VF International (Geographical Norway) (EU trade mark — Invalidity proceedings — EU figurative mark Geographical Norway — Absolute ground for refusal — Absolute ground for invalidity — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) — Bad faith — Obligation to state reasons)
Date: 2021-09-08
Institutions: General Court
Subjects: EU trade mark, animal skin, clothing, footwear industry, leather, personal effects, registered trade mark, trade-mark law








C_2021431EN.01003301.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/33






Judgment of the General Court of 8 September 2021 — SBG v EUIPO — VF International (Geographical Norway)
(Case T-460/20) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark Geographical Norway - Absolute ground for refusal - Absolute ground for invalidity - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) - Bad faith - Obligation to state reasons)
(2021/C 431/38)
Language of the case: French

Parties


Applicant: Super Brand Licencing (SBG) (Villeurbanne, France) (represented by: T. de Haan and A. Sion, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: VF International Sagl (Stabio, Switzerland) (represented by: T. van Innis and A. Van der Planken, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2020 (Case R 662/2019-1), relating to invalidity proceedings between VF International and SBG.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 April 2020 (Case R 662/2019-1);










2.


Orders EUIPO and VF International Sagl to pay the costs.






(1)  OJ C 287, 31.8.2020.
Case T-328/18: Judgment of the General Court of 8 September 2021 — Naturgy Energy Group v Commission (State aid — Environmental incentive adopted by Spain in favour of coal-fired power plants — Decision to initiate the procedure laid down by Article 108(2) TFEU — Obligation to state reasons — Manifest error of assessment — Selective nature)
Date: 2021-09-08
Institutions: General Court
Subjects: Spain, State aid, atmospheric pollutant, coal, control of State aid, environmental protection, industrial pollution, investment aid, pollution control measures, power plant








C_2021422EN.01001001.xml










18.10.2021   


EN


Official Journal of the European Union


C 422/10






Judgment of the General Court of 8 September 2021 — Naturgy Energy Group v Commission
(Case T-328/18) (1)

(State aid - Environmental incentive adopted by Spain in favour of coal-fired power plants - Decision to initiate the procedure laid down by Article 108(2) TFEU - Obligation to state reasons - Manifest error of assessment - Selective nature)
(2021/C 422/13)
Language of the case: Spanish

Parties


Applicant: Naturgy Energy Group, SA, formerly Gas Natural SDG, SA (Madrid, Spain) (represented by: F. González Díaz and J. Blanco Carol, lawyers)

Defendant: European Commission (represented by: P. Němečková and D. Recchia, acting as Agents)

Interveners in support of the applicant: EDP España, SA (Oviedo, Spain) (represented by: J. Buendía Sierra and A. Lamadrid de Pablo, lawyers), Viesgo Producción, SL, successor in title to Viesgo Generación, SL (Santander, Spain) (represented by: F. Plasencia Sánchez, L. Ques Mena and L. de Pedro Martín, lawyers)

Re:

APPLICATION under Article 263 TFEU for annulment of Commission Decision C(2017) 7733 final of 27 November 2017, concerning State Aid SA.47912 (2017/NN) — Environmental incentive adopted by Spain in favour of coal-fired power plants, initiating the formal investigation procedure laid down by Article 108(2) TFEU.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Naturgy Energy Group, SA to bear its own costs and to pay those incurred by the European Commission;










3.


Orders Viesgo Producción, SL and EDP España, SA to bear their own costs.






(1)  OJ C 268, 30.7.2018.
Case T-86/20: Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (SCIO) (EU trade mark — Invalidity proceedings — EU word mark SCIO — Earlier non-registered mark SCIO — Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) — Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) — Article 71(1) of Regulation 2017/1001 — Article 72(1) of Regulation 2017/1001 — Article 95(1) of Regulation 2017/1001 — Article 16(1) of Delegated Regulation (EU) 2018/625 — Article 6bis of the Paris Convention)
Date: 2021-09-08
Institutions: General Court
Subjects: EU trade mark, electronic equipment, farming sector, forestry economics, hairdressing and beauty care, horticulture, recording equipment, registered trade mark, scientific apparatus, trade-mark law








C_2021452EN.01002402.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/24






Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (SCIO)
(Case T-86/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark SCIO - Earlier non-registered mark SCIO - Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) - Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) - Article 71(1) of Regulation 2017/1001 - Article 72(1) of Regulation 2017/1001 - Article 95(1) of Regulation 2017/1001 - Article 16(1) of Delegated Regulation (EU) 2018/625 - Article 6bis of the Paris Convention)
(2021/C 452/25)
Language of the case: English

Parties


Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, 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: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (Szigetszentmiklós, Hungary) (represented by: V. Luszcz, C. Sár and É. Ulviczki, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 December 2019 (Case R 1312/2019-5), relating to invalidity proceedings between Qx World and Mandelay.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2019;










2.


Orders Qx World Kft., EUIPO and Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) each to bear their own costs.






(1)  OJ C 114, 6.4.2020.
Case T-555/20: Judgment of the General Court of 8 September 2021 — QB v ECB (Civil service — ECB staff — Appraisal report — 2015 appraisal exercise — Compliance with a judgment of the General Court — Article 266 TFEU — Duty of impartiality — ECB staff appraisal guide — Manifest errors of assessment — Liability)
Date: 2021-09-08
Institutions: General Court
Subjects: European official, indemnification, staff assessment, staff regulations (EU)








C_2021431EN.01003502.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/35






Judgment of the General Court of 8 September 2021 — QB v ECB
(Case T-555/20) (1)

(Civil service - ECB staff - Appraisal report - 2015 appraisal exercise - Compliance with a judgment of the General Court - Article 266 TFEU - Duty of impartiality - ECB staff appraisal guide - Manifest errors of assessment - Liability)
(2021/C 431/42)
Language of the case: French

Parties


Applicant: QB (represented by: L. Levi, lawyer)

Defendant: European Central Bank (represented by: B. Ehlers and F. Malfrère, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the applicant’s appraisal report for the 2015 appraisal period and, second, compensation for the non-material damage which the applicant claims to have sustained as a result of that document.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders QB to bear her own costs and to pay those incurred by the European Central Bank (ECB).






(1)  OJ C 359, 26.10.2020.
Corrigendum to Passenger Name Records (PNR) Updated list of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union.) (Official Journal of the European Union C 358 of 26 October 2020) 2021/C 360/07
Date: 2021-09-08
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, air safety, air transport, data collection, data protection, data transmission, personal data, protection of privacy, terrorism, traveller








C_2021360EN.01000801.xml










8.9.2021   


EN


Official Journal of the European Union


C 360/8






Corrigendum to Passenger Name Records (PNR)
Updated list of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

(If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union.)


(
Official Journal of the European Union C 358 of 26 October 2020
)

(2021/C 360/07)
On page 7:
The following Member State that has notified the Commission of the application of the PNR Directive in intra-EU flights is added:






—


Slovenia.




The reference to the United Kingdom is deleted.
Decision (EU) 2021/1462 of the Representatives of the Governments of the Member States of 8 September 2021 appointing a Judge to the General Court
Date: 2021-09-08
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








L_2021319EN.01000501.xml










10.9.2021   


EN


Official Journal of the European Union


L 319/5








            DECISION (EU) 2021/1462 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 8 September 2021
         
appointing a Judge to the General Court


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,

Whereas:







(1)


The terms of office of 23 Judges of the General Court expired on 31 August 2019.












(2)


In that context, Mr Pēteris ZILGALVIS has been nominated for the post of Judge of the General Court.












(3)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given a favourable opinion on the suitability of this candidate to perform the duties of Judge of the General Court.












(4)


Mr Pēteris ZILGALVIS should therefore be appointed for the period from the date of entry into force of this Decision to 31 August 2025,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Pēteris ZILGALVIS is hereby appointed Judge of the General Court for the period from the date of entry into force of this Decision to 31 August 2025.


Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 8 September 2021.


The President

I. JARC
Case C-553/21: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 8 September 2021 — Hauptzollamt Hamburg v Shell Deutschland Oil GmbH
Date: 2021-09-08
Institutions: Court of Justice
Subjects: environmental tax, principle of proportionality, tax collection, tax relief








C_2021490EN.01002201.xml










6.12.2021   


EN


Official Journal of the European Union


C 490/22






Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 8 September 2021 — Hauptzollamt Hamburg v Shell Deutschland Oil GmbH
(Case C-553/21)
(2021/C 490/21)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant in the appeal on a point of law: Hauptzollamt Hamburg

Respondent in the appeal on a point of law: Shell Deutschland Oil GmbH

Question referred

Does the principle of proportionality under EU law apply also to the optional tax reduction provided for in the fourth indent of the first sentence of Article 5 of Directive 2003/96/EC, (1) such that the Member State may not refuse to grant the tax reduction after the period for making an application under national law has expired, if assessment has not yet been time-barred at the time the application is received by the competent authority?


(1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51).
Case T-584/20: Judgment of the General Court of 8 September 2021 — Cara Therapeutics v EUIPO — Gebro Holding (KORSUVA) (EU trade mark — Opposition proceedings — Application for the EU word mark KORSUVA — Earlier national word mark AROSUVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2021-09-08
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2021431EN.01003601.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/36






Judgment of the General Court of 8 September 2021 — Cara Therapeutics v EUIPO — Gebro Holding (KORSUVA)
(Case T-584/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark KORSUVA - Earlier national word mark AROSUVA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2021/C 431/43)
Language of the case: English

Parties


Applicant: Cara Therapeutics, Inc. (Wilmington, Delaware, United States) (represented by: J. Day, Solicitor, and by T. de Haan, 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, intervener before the General Court: Gebro Holding GmbH (Fieberbrunn, Austria) (represented by: M. Konzett, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 3 July 2020 (Case R 2450/2019-4), relating to opposition proceedings between Gebro Holding and Cara Therapeutics.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Cara Therapeutic, Inc. to pay the costs.






(1)  OJ C 390, 16.11.2020.
Case T-154/20: Judgment of the General Court of 8 September 2021 — IY v Parliament (Civil service — Members of the temporary staff — Political group — Dismissal — Manifest error of assessment — Misuse of powers — Right to be heard — Equal treatment — Duty to have regard for the welfare of officials — Principle of sound administration — Liability)
Date: 2021-09-08
Institutions: General Court
Subjects: abuse of power, dismissal, equal treatment, indemnification, political group (EP), rights of the defence, servant (EU), temporary employment








C_2021431EN.01003001.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/30






Judgment of the General Court of 8 September 2021 — IY v Parliament
(Case T-154/20) (1)

(Civil service - Members of the temporary staff - Political group - Dismissal - Manifest error of assessment - Misuse of powers - Right to be heard - Equal treatment - Duty to have regard for the welfare of officials - Principle of sound administration - Liability)
(2021/C 431/33)
Language of the case: French

Parties


Applicant: IY (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Parliament (represented by: N. Scafarto and I. Lázaro Betancor, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the Parliament’s decision of 4 July 2019 to terminate the applicant’s contract as a member of the temporary staff and, second, compensation for the non-material harm which the applicant allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IY to pay the costs.






(1)  OJ C 201, 15.6.2020.
Prior notification of a concentration (Case M.10144 — K+S Minerals and Agriculture/REMEX/JV) (Text with EEA relevance) 2021/C 360/05
Date: 2021-09-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, mining industry, potash, provision of services, salt, underground storage of waste, waste, waste disposal








C_2021360EN.01000501.xml










8.9.2021   


EN


Official Journal of the European Union


C 360/5






Prior notification of a concentration
(Case M.10144 — K+S Minerals and Agriculture/REMEX/JV)
(Text with EEA relevance)
(2021/C 360/05)

1.   
On 31 August 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:






—


K+S Minerals and Agriculture GmbH (Germany), belonging to the group K+S-AG (‘K+S’, Germany),










—


REMEX GmbH (Germany) (together with its subsidiaries ‘REMEX’), belonging to the group RETHMANN SE & Co. KG (Germany),










—


REKS GmbH & Co. KG (‘REKS’, the ‘JV’ Germany), currently belonging to K+S.




K+S and REMEX acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of ‘REKS’ .
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:






—


for K+S: salt and potash mining and provider of waste disposal services in its mines in underground landfills (‘UTD’) and underground storage facilities (‘UTV’),










—


for REMEX: provider of waste disposal services for hazardous and non-hazardous waste, including UTV,










—


for REKS: provider of waste disposal services, including UTD, UTV and covering large tailings piles at potash sites.






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.10144 — K+S Minerals and Agriculture/REMEX/JV
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’).
Case T-554/19: Judgment of the General Court of 8 September 2021 — Spain v Commission (Rules on languages — Notice of open competition for the recruitment of administrators in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting — Restriction of the choice of language 2 of the competition to four languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Discrimination based on language — Interests of the service — Proportionality)
Date: 2021-09-08
Institutions: General Court
Subjects: administrator, competition (EU), discrimination on the basis of nationality, equal treatment, job vacancy, language skills, official language








C_2021431EN.01002801.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/28






Judgment of the General Court of 8 September 2021 — Spain v Commission
(Case T-554/19) (1)

(Rules on languages - Notice of open competition for the recruitment of administrators in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting - Restriction of the choice of language 2 of the competition to four languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Interests of the service - Proportionality)
(2021/C 431/30)
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent)

Defendant: European Commission (represented by: I. Galindo Martín, T. Lilamand and D. Milanowska, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting (OJ 2019 C 191 A, p. 1).

Operative part of the judgment

The Court:






1.


Annuls notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting;










2.


Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain.






(1)  OJ C 319, 23.9.2019.