do-me/EUR-LEX huggingface dataset:
Case T-588/21: Action brought on 15 September 2021 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)
Date: 2021-09-15
Institutions: General Court
Subjects: designs and models, toy industry








C_2021471EN.01005101.xml










22.11.2021   


EN


Official Journal of the European Union


C 471/51






Action brought on 15 September 2021 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)
(Case T-588/21)
(2021/C 471/73)
Language of the case: English

Parties


Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: T. Wuttke, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Mystic Products Import & Export, SL (Badalona, Spain), Koopman International BV (Amsterdam, Netherlands)

Details of the proceedings before EUIPO


Proprietor of the design at issue: Applicant before the General Court

Design at issue: Community design No 1 431 829-0005

Contested decision: Decision of the Third Board of Appeal of EUIPO of 12 July 2021 in Case R 1008/2018-3

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


alter the contested decision to:






—


allow the applicant’s appeal,










—


dismiss in its entirety the invalidity applicants’ applications to declare the contested design invalid,










—


order the invalidity applicants to pay the applicant’s costs in front of the Board of Appeal and the Invalidity Division;














—


order the invalidity applicants to pay the applicant’s fees and costs.





Pleas in law







—


Infringement of the principles set forth in the judgment of 24 March 2021, Lego v EUIPO — Delta Sport Handelskontor (Building block from a toy building set) (T-515/19, not published, EU:T:2021:155);










—


Infringement of the principles set forth in the judgment of 8 March 2018, DOCERAM (C-395/16, EU:C:2018:172);










—


Infringement of Article 8(1) of Council Regulation (EC) No 6/2002;










—


Misinterpretation of patent application EP 3 005 948 A2 and the applicant’s multiple design application No. 1 431 829-0001-0010.
Case T-97/20: Judgment of the General Court of 15 September 2021 — Kande Mumpompa v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-09-15
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, principle of proportionality, protection of privacy, rights of the defence








C_2021452EN.01002601.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/26






Judgment of the General Court of 15 September 2021 — Kande Mumpompa v Council
(Case T-97/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 452/27)
Language of the case: French

Parties


Applicant: Alex Kande Mumpompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and S. Lejeune, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Alex Kande Mupompa to pay the costs.






(1)  OJ C 129, 20.4.2020.
Prior notification of a concentration (Case M.10421 — Primonial/Société Générale/OPG Window) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 370/07
Date: 2021-09-15
Institutions: Directorate-General for Competition, European Commission
Subjects: France, Ile-de-France, building, economic concentration, insurance, investment, investment company, merger control, real property








C_2021370EN.01000801.xml










15.9.2021   


EN


Official Journal of the European Union


C 370/8






Prior notification of a concentration
(Case M.10421 — Primonial/Société Générale/OPG Window)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 370/07)

1.   
On 7 September 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:






—


Primonial Real Estate Investment Management (‘Primonial REIM’, France), controlled by Bridgepoint group (‘Bridgegroup’, UK) and Latour Group (‘Latour’, France);










—


Sogécap (France), controlled by Société Générale group (‘Société Générale’, France); and,










—


OPG Window (France).




Primonial REIM and Sogécap acquire within the meaning of Articles 3(1)(b) of the Merger Regulation joint control of the whole of the Target Asset.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Primonial REIM: real estate investments including research, development, and distribution of structured investment solutions, assets, and real estate investment management services;










—


for Sogecap: life insurance savings and protection products offered to Société Générale’s Retail and Private Banking networks;










—


for OPG Window: real estate asset known as the ‘Window’ building located at 19 Parvis de La Défense, Puteaux, France (92).






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.10421 — Primonial/Société Générale/OPG Window
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.
Prior notification of a concentration (Case M.10441 — Bridgepoint/FFL/ACT) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 370/06
Date: 2021-09-15
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy efficiency, holding company, investment company, merger control, provision of services








C_2021370EN.01000601.xml










15.9.2021   


EN


Official Journal of the European Union


C 370/6






Prior notification of a concentration
(Case M.10441 — Bridgepoint/FFL/ACT)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 370/06)

1.   
On 6 September 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:






—


Bridgepoint Group plc, (‘Bridgepoint’, UK),










—


FFL B.V. (‘FFL’, The Netherlands),










—


Sustainable Market Solutions B.V and ACT Financial Solutions Group, (together ‘ACT’, The Netherlands).




This notification concerns the proposed acquisition of joint control, within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation, of ACT by Bridgepoint and FFL which is controlled by ACT’s founders and current majority shareholders.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Bridgepoint: portfolio investments,










—


for FFL: holding company,










—


for ACT: provides market based sustainable energy solutions, relating to environmental compliance services, corporate sustainability, fuels and feedstock, and financial instruments.






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.10441 — Bridgepoint/FFL/ACT
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-442/19: Order of the President of the Court of 15 September 2021 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Stichting Brein v News-Service Europe BV
Date: 2021-09-15
Institutions: Court of Justice
Subjects: Internet, copyright, electronic commerce, freedom to provide services, information industry, information society, information storage, literary and artistic property








C_2021481EN.01002002.xml










29.11.2021   


EN


Official Journal of the European Union


C 481/20






Order of the President of the Court of 15 September 2021 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Stichting Brein v News-Service Europe BV
(Case C-442/19) (1)

(2021/C 481/28)
Language of the case: Dutch
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 357, 21.10.2019.
Case T-107/20: Judgment of the General Court of 15 September 2021 — Boshab v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-09-15
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, principle of proportionality, protection of privacy, rights of the defence








C_2021452EN.01003002.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/30






Judgment of the General Court of 15 September 2021 — Boshab v Council
(Case T-107/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 452/34)
Language of the case: French

Parties


Applicant: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan)

Defendant: Council of the European Union (represented by: J.-P. Hix and S. Lejeune, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Évariste Boshab to pay the costs.






(1)  OJ C 129, 20.4.2020.
Joined Cases T-720/19 to T-725/19: Judgment of the General Court of 15 September 2021 — Ashworth and Others v Parliament (Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the Parliament — Amendment of the additional voluntary pension scheme — Notice fixing additional voluntary pension rights — Plea of illegality — Competence of the Bureau of the Parliament — Rights acquired or in the process of being acquired — Proportionality — Equal treatment — Legal certainty)
Date: 2021-09-15
Institutions: General Court
Subjects: Bureau of the EP, Member of the European Parliament, equal treatment, parliamentary allowance, powers of the institutions (EU), principle of legal certainty, principle of proportionality, retirement conditions, supplementary pension








C_2021452EN.01002201.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/22






Judgment of the General Court of 15 September 2021 — Ashworth and Others v Parliament
(Joined Cases T-720/19 to T-725/19) (1)

(Law governing the institutions - Rules governing the payment of expenses and allowances to Members of the Parliament - Amendment of the additional voluntary pension scheme - Notice fixing additional voluntary pension rights - Plea of illegality - Competence of the Bureau of the Parliament - Rights acquired or in the process of being acquired - Proportionality - Equal treatment - Legal certainty)
(2021/C 452/22)
Language of the case: French

Parties


Applicants: Richard Ashworth (Lingfield, United Kingdom) and the five other applicants whose names are listed in the annex to the judgment (represented by: A. Schmitt and A. Grosjean, lawyers)

Defendant: European Parliament (represented by: N. Görlitz, M. Ecker and S. Seyr, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of the Parliament’s decisions contained in the notices fixing the applicants’ additional voluntary pension rights in so far as they introduce, for pensions established after 1 January 2019, a special levy of 5 % of the nominal amount of the pension, payable directly to the additional voluntary pension fund, pursuant to the decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018 C 466, p. 8).

Operative part of the judgment

The Court:






1.


Joins Cases T-720/19 to T-725/19 for the purposes of the judgment;










2.


Dismisses the actions;










3.


Orders Mr Richard Ashworth and the other applicants whose names are listed in the annex to pay the costs.






(1)  OJ C 413, 9.12.2019.
Case T-364/15: Judgment of the General Court of 15 September 2021 — ADR Center v Commission (Financial aid — General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 — Specific Programme ‘Civil Justice’ — Action for annulment — Enforceable decision — Grant agreements — Recovery of part of the financial contribution paid — Action for a declaratory judgment — Arbitration clause — Force majeure — Eligible costs — Proportionality — Obligation to state reasons)
Date: 2021-09-15
Institutions: General Court
Subjects: abuse of power, arbitration clause, competence of the institution, debt, eligibility criteria, executive competence, financial aid, interest, principle of proportionality








C_2021452EN.01001801.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/18






Judgment of the General Court of 15 September 2021 — ADR Center v Commission
(Case T-364/15) (1)

(Financial aid - General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 - Specific Programme ‘Civil Justice’ - Action for annulment - Enforceable decision - Grant agreements - Recovery of part of the financial contribution paid - Action for a declaratory judgment - Arbitration clause - Force majeure - Eligible costs - Proportionality - Obligation to state reasons)
(2021/C 452/16)
Language of the case: English

Parties


Applicant: ADR Center Srl (Rome, Italy) (represented by: A. Guillerme and T. Bontinck, lawyers)

Defendant: European Commission (represented by: J. Estrada de Solà and M. Ilkova, acting as Agents)

Re:

Application seeking, first, annulment, under Article 263 TFEU, of Commission Decision C(2015) 3117 final of 4 May 2015 relating to the recovery of part of the financial contribution paid to the applicant pursuant to two grant agreements concluded under the Specific Programme ‘Civil Justice’ and, second, a declaration that the costs which the Commission declared ineligible in that decision are eligible.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders ADR Center Srl to pay the costs in the main proceedings and in the proceedings for interim measures.






(1)  OJ C 302, 14.9.2015.
Case T-331/20: Judgment of the General Court of 15 September 2021 — Laboratorios Ern v EUIPO — Le-Vel Brands (Le-Vel) (EU trade mark — Opposition proceedings — Application for the EU word mark Le-Vel — Earlier national word mark LEVEL — Relative ground for refusal — No likelihood of confusion — No similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2021-09-15
Institutions: General Court
Subjects: EU trade mark, advertising, cosmetic product, essential oil, flavouring, hairdressing and beauty care, polishing and scouring preparations, registered trade mark, retail selling, trade-mark law








C_2021452EN.01003501.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/35






Judgment of the General Court of 15 September 2021 — Laboratorios Ern v EUIPO — Le-Vel Brands (Le-Vel)
(Case T-331/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark Le-Vel - Earlier national word mark LEVEL - Relative ground for refusal - No likelihood of confusion - No similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2021/C 452/41)
Language of the case: English

Parties


Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodríguez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Vuijst and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Le-Vel Brands, LLC (Frisco, Texas, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 March 2020 (Case R 2113/2019-4), relating to opposition proceedings between Laboratorios Ern and Le-Vel Brands.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Laboratorios Ern, SA, to pay the costs.






(1)  OJ C 247, 27.7.2020.