do-me/EUR-LEX huggingface dataset:
Case T-591/21: Action brought on 16 September 2021 — Apart v EUIPO — S. Tous (Representation of the outline of a bear)
Date: 2021-09-16
Institutions: General Court
Subjects: EU trade mark, jewellery and goldsmith's articles, registered trade mark, trade-mark law








C_2021462EN.01005402.xml










15.11.2021   


EN


Official Journal of the European Union


C 462/54






Action brought on 16 September 2021 — Apart v EUIPO — S. Tous (Representation of the outline of a bear)
(Case T-591/21)
(2021/C 462/66)
Language of the case: English

Parties


Applicant: Apart sp. z o.o. (Suchy Las, Poland) (represented by: J. Gwiazdowska, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: S. Tous, SL (Manresa, Spain)

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 (Representation of the outline of a bear) –European Union trade mark No 8 127 128

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 July 2021 in Case R 222/2020-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision as a whole and alter the decision by invalidating the contested trademark no. 8 127 128;










—


alternatively, annul the contested decision as a whole and refer of the case back to the Board of Appeal;










—


order EUIPO and S.TOUS, S.L. to pay the costs of the appeal proceedings and those of the proceedings before the General Court.





Pleas in law







—


Infringement of Article 7(1)(b) of Council Regulation (EC) No 207/2009;










—


Infringement of Article 7(1)(e)(i) and (iii) of Council Regulation (EC) No 207/2009;










—


Infringement of Article 7(1)(d) of Council Regulation (EC) No 207/2009;










—


Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by lack of reasons on which the assumptions about the shape of the contested trade mark are based;










—


Infringement of Articles 20, 41(1) and 2(a) and (c) of the Charter of Fundamental Rights of the European Union, in particular the right to be heard, the obligation of the administration ti give reasons for its decision, the principles of good administration, legal certainty and equal treatment.
Prior notification of a concentration (Case M.10374 — Bain Capital/Hitachi Metals) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 372/12
Date: 2021-09-16
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronic component, investment company, merger control, metal product, supplier








C_2021372EN.01001501.xml










16.9.2021   


EN


Official Journal of the European Union


C 372/15






Prior notification of a concentration
(Case M.10374 — Bain Capital/Hitachi Metals)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 372/12)

1.   
On 8 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:






—


Bain Capital Investors, LLC (‘Bain Capital’, United States),










—


Hitachi Metals, Ltd. (‘Hitachi Metals’, Japan).




Bain Capital acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Hitachi Metals.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Bain Capital: private equity investment firm that invests in companies across a number of industries, including consumer retail and dining, financial and business services, healthcare, industrial, energy, technology, media, and telecommunications, at global level.










—


for Hitachi Metals: provision of metal products and materials, electronics and information components, and functional components, at a global level.






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.10374 — Bain Capital/Hitachi Metals
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.
Corrigendum to Commission Decision (EU) 2021/1428 of 24 February 2020 ON THE STATE AID SA.31662 – C/2011 (ex NN/2011) implemented by Romania for Timișoara International Airport – Wizz Air (notified under document C(2021) 1065) (Official Journal of the European Union L 308 of 1 September 2021)
Date: 2021-09-16
Institutions: European Commission
Subjects: Romania, State aid, Timis, airport, control of State aid, modernisation aid, transport infrastructure








L_2021327EN.01004101.xml










16.9.2021   


EN


Official Journal of the European Union


L 327/41







Corrigendum to Commission Decision (EU) 2021/1428 of 24 February 2020 ON THE STATE AID SA.31662 – C/2011 (ex NN/2011) implemented by Romania for Timișoara International Airport – Wizz Air (notified under document C(2021) 1065)

(
Official Journal of the European Union L 308 of 1 September 2021
)


On page 59, in recital 417:
for:


                  ‘RON 2 326 million’,

read:


                  ‘RON 2,326 million’.
Case C-337/19 P: Judgment of the Court (Fourth Chamber) of 16 September 2021 — European Commission v Kingdom of Belgium, Magnetrol International, Ireland (Appeal — State aid — Aid scheme implemented by the Kingdom of Belgium — Excess profit exemption — Tax ruling — Consistent administrative practice — Regulation (EU) 2015/1589 — Article 1(d) — Concept of ‘aid scheme’ — Concept of ‘act’ — Concept of ‘further implementing measures’ — ‘General and abstract’ definition of beneficiaries — Cross-appeal — Admissibility — Fiscal autonomy of the Member States)
Date: 2021-09-16
Institutions: Court of Justice
Subjects: State aid, admissibility, control of State aid, multinational enterprise, profit, tax exemption, tax law








C_2021471EN.01000301.xml










22.11.2021   


EN


Official Journal of the European Union


C 471/3






Judgment of the Court (Fourth Chamber) of 16 September 2021 — European Commission v Kingdom of Belgium, Magnetrol International, Ireland
(Case C-337/19 P) (1)

(Appeal - State aid - Aid scheme implemented by the Kingdom of Belgium - Excess profit exemption - Tax ruling - Consistent administrative practice - Regulation (EU) 2015/1589 - Article 1(d) - Concept of ‘aid scheme’ - Concept of ‘act’ - Concept of ‘further implementing measures’ - ‘General and abstract’ definition of beneficiaries - Cross-appeal - Admissibility - Fiscal autonomy of the Member States)
(2021/C 471/03)
Language of the case: English

Parties


Appellant: European Commission (represented by: P.-J. Loewenthal and F. Tomat, acting as Agents)

Other parties to the proceedings: Kingdom of Belgium (represented by: J.-C. Halleux, C. Pochet and M. Jacobs, acting as Agents, and by M. Segura and M. Clayton, avocates), Magnetrol International (represented by: H. Gilliams and L. Goossens, advocaten), Ireland

Interveners in support of the defendants: Soudal NV, Esko-Graphics BVBA (represented by: H. Viaene, avocat), Flir Systems Trading Belgium BVBA (represented by: T. Verstraeten and C. Docclo, avocats, and by N. Reypens, advocaat), Anheuser-Busch InBev SA/NV, Ampar BVBA, Atlas Copco Airpower NV, Atlas Copco AB (represented by: A. von Bonin, Rechtsanwalt, W.O. Brouwer and A. Pliego Selie, advocaten, and by A. Haelterman, avocat), Wabco Europe BVBA (represented by: E. Righini and L. Villani, avvocati, S. Völcker, Rechtsanwalt, and by A. Papadimitriou, avocat), Celio International NV (represented by: H. Gilliams and L. Goossens, advocaten)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 14 February 2019, Belgium and Magnetrol International v Commission (T-131/16 and T-263/16, EU:T:2019:91);










2.


Rejects the first and second pleas in law in Case T-131/16, and the first plea in law and the first part of the third plea in law in Case T-263/16;










3.


Refers the case back to the General Court of the European Union for a ruling on the third to fifth pleas in law in Case T-131/16 and on the second plea in law, the second and third parts of the third plea in law, and the fourth plea in law in Case T-263/16;










4.


Reserves the costs.






(1)  OJ C 213, 24.6.2019.
Special report 17/2021 EU readmission cooperation with third countries: relevant actions yielded limited results 2021/C 372/04
Date: 2021-09-16
Institutions: European Court of Auditors
Subjects: EU migration policy, EU visa policy, European External Action Service, foreign national, illegal migration, international cooperation, migrant, return migration, rights of aliens, third country








C_2021372EN.01000501.xml










16.9.2021   


EN


Official Journal of the European Union


C 372/5






Special report 17/2021
EU readmission cooperation with third countries:
relevant actions yielded limited results
(2021/C 372/04)
The European Court of Auditors hereby informs you that special report 17/2021 ‘EU readmission cooperation with third countries: relevant actions yielded limited results’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu.
State aid – Decision to raise no objections 2021/C 372/06
Date: 2021-09-16
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, broadcasting, control of State aid








C_2021372EN.01000701.xml










16.9.2021   


EN


Official Journal of the European Union


C 372/7






State aid – Decision to raise no objections
(2021/C 372/06)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


11 June 2021




Case No


86852




Decision No


120/21/COL




EFTA State


Norway




Title


2022 Prolongation of the production grant scheme for news and current affairs media




Legal basis


Regulation No 332 of 25 March 2014 on production grants for news and current affairs media




Type of measure


Scheme




Objective


Media diversity and plurality




Form of aid


Grant




Budget


NOK 382 million




Duration


Until 31 December 2022




Economic sectors


Media




Name and address of the granting authority







The Norwegian Media Authority Nygata 4




N-Fredrikstad




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Case C-341/20: Judgment of the Court (Eighth Chamber) of 16 September 2021 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Article 258 TFEU — Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(c) — Exemption of energy products used as fuel for the purposes of navigation within EU waters — Exemption granted only to private pleasure craft which are the subject of a charter agreement)
Date: 2021-09-16
Institutions: Court of Justice
Subjects: EU waters, chartering, excise duty, fuel tax, infringement procedure (EU), pleasure craft, provision of services, tax exemption








C_2021471EN.01000901.xml










22.11.2021   


EN


Official Journal of the European Union


C 471/9






Judgment of the Court (Eighth Chamber) of 16 September 2021 — European Commission v Italian Republic
(Case C-341/20) (1)

(Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(c) - Exemption of energy products used as fuel for the purposes of navigation within EU waters - Exemption granted only to private pleasure craft which are the subject of a charter agreement)
(2021/C 471/11)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: F. Moro and A. Armenia, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and A. Maddalo, avvocato dello Stato)

Operative part of the judgment

The Court:






1.


Declares that, in granting the benefit of exemption from excise duty to fuels used by private pleasure craft only in cases where those vessels are the subject of a charter agreement, regardless of the manner in which the vessels are in fact used, the Italian Republic has failed to fulfil its obligations under Article 14(1)(c) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 339, 12.10.2020.
Notice of the impending expiry of certain anti-dumping measures 2021/C 372/08
Date: 2021-09-16
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Belarus, anti-dumping duty, bar, import (EU), iron, originating product, steel








C_2021372EN.01000901.xml










16.9.2021   


EN


Official Journal of the European Union


C 372/9






Notice of the impending expiry of certain anti-dumping measures
(2021/C 372/08)

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 concrete reinforcement bars and rods


The Republic of Belarus


Anti-dumping duty


Commission Implementing Regulation (EU) 2017/1019 of 16 June 2017 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain concrete reinforcement bars and rods originating in the Republic of Belarus
(OJ L 155, 17.6.2017, p. 6)


18.6.2022










(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.
European Parliament decision of 16 September 2021 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2002/465/JHA, as regards its alignment with EU rules on the protection of personal data (COM(2021)0020 — C9-0005/2021 — 2021/0008(COD))
Date: 2021-09-16
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: criminal proceedings, data protection, exchange of information, fight against crime, judicial cooperation in criminal matters in the EU, offence, personal data, police cooperation, protection of privacy








C_2022117EN.01034901.xml










11.3.2022   


EN


Official Journal of the European Union


C 117/349






P9_TA(2021)0379
Amending Council Framework Decision 2002/465/JHA, as regards its alignment with EU rules on the protection of personal data ***I
European Parliament decision of 16 September 2021 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a directive of the European Parliament and of the Council amending Council Framework Decision 2002/465/JHA, as regards its alignment with EU rules on the protection of personal data (COM(2021)0020 — C9-0005/2021 — 2021/0008(COD)) (1)

(Ordinary legislative procedure: first reading)
(2022/C 117/31)
 


(1)  Decision adopted under Rule 59(4), fourth subparagraph, of the Rules of Procedure (A9-0236/2021).
State aid – Decision to raise no objections 2021/C 372/05
Date: 2021-09-16
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, catering industry, control of State aid, coronavirus disease, epidemic, floriculture, retail selling








C_2021372EN.01000601.xml










16.9.2021   


EN


Official Journal of the European Union


C 372/6






State aid – Decision to raise no objections
(2021/C 372/05)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


10 June 2021




Case No


86932




Decision No


121/21/COL




EFTA State


Norway




Title (and/or name of the beneficiary)


COVID-19 amendments to the aid scheme for lost inventory




Legal basis


Regulation complementing and executing the Act on a temporary aid scheme for undertakings with substantial loss in turnover after August 2020




Type of measure


Scheme




Objective


To compensate restaurants, cafes, bars, and hotels that offer food to other customers than hotel guests, and flower retailers, for inventory loss




Form of aid


Direct grants




Budget


30 million NOK




Intensity


100 %




Duration


10 June 2021 – 31 December 2021




Economic sectors


Food services and flower retailers




Name and address of the granting authority







Brønnøysundregistrene




Postboks 900




N - 8910 Brønnøysund




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
European Parliament decision of 16 September 2021 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a directive of the European Parliament and of the Council amending Directive 2014/41/EU, as regards its alignment with EU rules on the protection of personal data (COM(2021)0021 — C9-0006/2021 — 2021/0009(COD))
Date: 2021-09-16
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: criminal proceedings, data protection, fight against crime, judicial cooperation in criminal matters in the EU, offence, personal data, police cooperation, protection of privacy, ruling








C_2022117EN.01035001.xml










11.3.2022   


EN


Official Journal of the European Union


C 117/350






P9_TA(2021)0380
European Investigation Order in criminal matters: alignment with EU rules on the protection of personal data ***I
European Parliament decision of 16 September 2021 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a directive of the European Parliament and of the Council amending Directive 2014/41/EU, as regards its alignment with EU rules on the protection of personal data (COM(2021)0021 — C9-0006/2021 — 2021/0009(COD)) (1)

(Ordinary legislative procedure: first reading)
(2022/C 117/32)
 


(1)  Decision adopted under Rule 59(4), fourth subparagraph, of the Rules of Procedure (A9-0237/2021).