do-me/EUR-LEX huggingface dataset:
Case C-589/21 P: Appeal brought on 23 September 2021 by Abitron Germany GmbH against the judgment of the General Court (Third Chamber) delivered on 14 July 2021 in Case T-75/20, Abitron Germany GmbH v European Union Intellectual Property Office
Date: 2021-09-23
Institutions: Court of Justice
Subjects: EU trade mark, electrical equipment, electronic device, hoisting equipment, industrial equipment, registered trade mark, trade-mark law








C_2022064EN.01001101.xml










7.2.2022   


EN


Official Journal of the European Union


C 64/11






Appeal brought on 23 September 2021 by Abitron Germany GmbH against the judgment of the General Court (Third Chamber) delivered on 14 July 2021 in Case T-75/20, Abitron Germany GmbH v European Union Intellectual Property Office
(Case C-589/21 P)
(2022/C 64/17)
Language of the case: German

Parties


Appellant: Abitron Germany GmbH (represented by: T. Dolde, C. Zimmer, Rechtsanwälte)

Other parties to the proceedings: European Union Intellectual Property Office, Hetronic International, Inc.
By order of 13 December 2021, the Court of Justice of the European Union (Chamber determining whether appeals may proceed) did not allow the appeal to proceed and ordered the appellant to bear its own costs.
Council Decision (EU) 2021/1737 of 23 September 2021 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (Digital Europe Programme) (Text with EEA relevance)
Date: 2021-09-23
Institutions: Council of the European Union
Subjects: EEA Joint Committee, EU programme, European Economic Area, digital literacy, digital single market, digital technology, digitisation, information technology applications, protocol to an agreement, revision of an agreement








L_2021348EN.01001301.xml










1.10.2021   


EN


Official Journal of the European Union


L 348/13








            COUNCIL DECISION (EU) 2021/1737
of 23 September 2021
         
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (Digital Europe Programme)
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 and Article 173(3), in conjunction with Article 218(9) thereof,


Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.












(2)


Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 on cooperation in specific fields outside the four freedoms (‘Protocol 31’), annexed to the EEA Agreement.












(3)


Regulation (EU) 2021/694 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.












(4)


Protocol 31 to the EEA Agreement should therefore be amended accordingly.












(5)


The position of the Union in the EEA Joint Committee should therefore be based on the draft decision of the EEA Joint Committee,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee (4).


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




Done at Brussels, 23 September 2021.


For the Council


The President

G. DOVŽAN
            





(1)  
            OJ L 305, 30.11.1994, p. 6.

(2)  
            OJ L 1, 3.1.1994, p. 3.

(3)  Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1).

(4)  See document ST 11242/21 at http://register.consilium.europa.eu.
Political and Security Committee Decision (CFSP) 2021/1745 of 23 September 2021 on the appointment of the EU Operation Commander for the European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) (EUNAVFOR MED IRINI/3/2021)
Date: 2021-09-23
Institutions: Political and Security Committee
Subjects: EU military mission, Libya, Mediterranean region (EU), appointment of members, arms trade, export, illicit trade, military cooperation, military personnel, petroleum








L_2021350EN.01000101.xml










4.10.2021   


EN


Official Journal of the European Union


L 350/1








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2021/1745
of 23 September 2021
         
on the appointment of the EU Operation Commander for the European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) (EUNAVFOR MED IRINI/3/2021)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,


Having regard to Council Decision (CFSP) 2020/472 of 31 March 2020 on a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) (1), in particular Article 8(2) thereof,

Whereas:







(1)


On 31 March 2020, the Council adopted Decision (CFSP) 2020/472, which established and launched a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI), under the command of Rear Admiral Fabio AGOSTINI as EU Operation Commander for EUNAVFOR MED IRINI (‘EU Operation Commander’).












(2)


On 26 August 2021, the Italian military authorities proposed that Rear Admiral Stefano TURCHETTO succeed Rear Admiral Fabio AGOSTINI as EU Operation Commander from 1 October 2021.












(3)


On 31 August 2021, the EU Military Committee supported the recommendation made by the Italian military authorities.












(4)


Pursuant to Decision (CFSP) 2020/472, the Council authorised the Political and Security Committee to take decisions on the appointment of the EU Operation Commander.












(5)


In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications,





HAS ADOPTED THIS DECISION:



Article 1
Rear Admiral Stefano TURCHETTO is hereby appointed as EU Operation Commander for the European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) from 1 October 2021.


Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 October 2021.




Done at Brussels, 23 September 2021.


For the Political and Security Committee


The Chairperson

S. FROM-EMMESBERGER
            





(1)  
            OJ L 101, 1.4.2020, p. 4.
Case T-612/21: Action brought on 23 September 2021 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Remote controls [wireless] (Accessories for -))
Date: 2021-09-23
Institutions: General Court
Subjects: designs and models, electronic device








C_2021502EN.01003402.xml










13.12.2021   


EN


Official Journal of the European Union


C 502/34






Action brought on 23 September 2021 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Remote controls [wireless] (Accessories for -))
(Case T-612/21)
(2021/C 502/52)
Language in which the application was lodged: Polish

Parties


Applicant: ADS L. Kowalik, B. Włodarczyk s.c. (Sosnowiec, Poland) (represented by: M. Oleksyn, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: ESSAtech (Přistoupim, Czech Republic)

Details of the proceedings before EUIPO


Proprietor of the design at issue: Applicant

Design at issue: EU design Remote controls [wireless] (Accessories for -) — EU design No 4 539 302-0003

Contested decision: Decision of the Third Board of Appeal of EUIPO of 14 July 2021 in Case R 1072/2020-3

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the other party to the proceedings to bear their own costs, and order EUIPO and the other party to the proceedings to pay the costs incurred by the applicant, including those incurred in the proceedings before EUIPO.





Pleas in law







—


Infringements of Article 8(1) of Council Regulation (EC) No 6/2002, read in conjunction with Article 25(1)(b) thereof, and breaches of the rule of law established in DOCERAM, C-395/16, (1) as well as infringement of Article 41(2)(c) and Article 41(1) of the Charter of Fundamental Rights of the European Union (right to good administration);










—


Infringements of Article 63(1) of that regulation, read in conjunction with Article 63(2) thereof, and breaches of the rule of law established in DOCERAM, C-395/16, as well as infringement of Article 41(2)(c) and Article 41(1) of the Charter of Fundamental Rights of the European Union (right to good administration).






(1)  Judgment of 8 March 2018, DOCERAM, C-395/16, EU:C:2018:172.
Council Decision (EU) 2021/1736 of 23 September 2021 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (Erasmus+) (Text with EEA relevance)
Date: 2021-09-23
Institutions: Council of the European Union
Subjects: EEA Joint Committee, EU programme, European Economic Area, cooperation in the field of education, education, education policy, protocol to an agreement, revision of an agreement, vocational training, youth policy








L_2021348EN.01001101.xml










1.10.2021   


EN


Official Journal of the European Union


L 348/11








            COUNCIL DECISION (EU) 2021/1736
of 23 September 2021
         
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (Erasmus+)
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166, in conjunction with Article 218(9) thereof,


Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.












(2)


Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 on cooperation in specific fields outside the four freedoms (‘Protocol 31’), annexed to the EEA Agreement.












(3)


Regulation (EU) 2021/817 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.












(4)


Protocol 31 to the EEA Agreement should therefore be amended accordingly.












(5)


The position of the Union in the EEA Joint Committee should therefore be based on the draft decision of the EEA Joint Committee,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee (4).


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




Done at Brussels, 23 September 2021.


For the Council


The President

G. DOVŽAN
            





(1)  
            OJ L 305, 30.11.1994, p. 6.

(2)  
            OJ L 1, 3.1.1994, p. 3.

(3)  Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (OJ L 189, 28.5.2021, p. 1).

(4)  See document ST 11238/21 at http://register.consilium.europa.eu.
Case C-587/21 P: Appeal brought on 23 September 2021 by DD against the judgment of the General Court (Fourth Chamber) delivered on 14 July 2021 in Case T-632/19, DD v FRA
Date: 2021-09-23
Institutions: Court of Justice
Subjects: disciplinary proceedings, harassment at work, indemnification, principle of legal certainty, servant (EU), termination of employment








C_2022037EN.01000802.xml










24.1.2022   


EN


Official Journal of the European Union


C 37/8






Appeal brought on 23 September 2021 by DD against the judgment of the General Court (Fourth Chamber) delivered on 14 July 2021 in Case T-632/19, DD v FRA
(Case C-587/21 P)
(2022/C 37/13)
Language of the case: English

Parties


Appellant: DD (represented by: N. Lorenz, Rechtsanwältin)

Other party to the proceedings: European Union Agency for Fundamental Rights

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal in its entirety,










—


consequently,






—


annul the decision of the Director of the European Union Agency for Fundamental Rights (FRA) dated 19 November 2018 rejecting the applicant's request under Article 90(1) of the Staff Regulations;










—


if need be, annul the decision of the FRA Director dated 12 June 2018, received on 13 June 2018, rejecting the complaint under Article 90(2) of the Staff Regulations directed by the applicant against the above decision of 19 November 2019;










—


grant the applicant compensation for the sustained non-material damage, as detailed in this appeal, estimated ex aequo et bono at 100 000 €;










—


order the FRA to pay all the costs.









Pleas in law and main arguments

Error of law and distortion of evidence regarding the statement of facts.
Error of law and violation of the principle of legal certainty regarding the first head of unlawfulness.
Error of law, violation of res iudicata, insufficient reasoning, failure to rule on appellant’s head of claim, distortion of evidence regarding the second head of unlawfulness.
Error of law, manifest error of appraisal and insufficient reasoning regarding the third head of unlawfulness.
Error of law, distortion of evidence, manifest error of appraisal, plea that General Court acted ultra vires and ultra petita, plea alleging that the General Court wrongly rejected the appellants' offer of production of a document on request which was material to the case and insufficient reasoning regarding the fourth head of unlawfulness.
Error of law, insufficient reasoning, wrong legal classification of facts, distortion of evidence and manifest error of appraisal regarding the fifth head of unlawfulness.
Error of law, distortion of evidence, failure to rule on appellant’s head of claim, wrong legal classification, plea that GC acted ultra petita, plea alleging that GC wrongly rejected the appellants' request to order production of a document which was material to the case, incomplete examination of the application and of the plea of harassment raised by the applicant regarding the sixth head of unlawfulness.
Error of law regarding the section on actual damage alleged and causal link.
Council Decision (EU) 2021/1739 of 23 September 2021 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (Creative Europe Programme) (Text with EEA relevance)
Date: 2021-09-23
Institutions: Council of the European Union
Subjects: EEA Joint Committee, EU programme, European Economic Area, arts, audiovisual industry, audiovisual production, cultural cooperation, cultural policy, protocol to an agreement, revision of an agreement








L_2021348EN.01001701.xml










1.10.2021   


EN


Official Journal of the European Union


L 348/17








            COUNCIL DECISION (EU) 2021/1739
of 23 September 2021
         
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (Creative Europe Programme)
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 167 and 173, in conjunction with Article 218(9) thereof,


Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.












(2)


Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 on cooperation in specific fields outside the four freedoms (‘Protocol 31’), annexed to the EEA Agreement.












(3)


Regulation (EU) 2021/818 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.












(4)


Protocol 31 to the EEA Agreement should therefore be amended accordingly.












(5)


The position of the Union in the EEA Joint Committee should therefore be based on the draft decision of the EEA Joint Committee,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee (4).


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




Done at Brussels, 23 September 2021.


For the Council


The President

G. DOVŽAN
            





(1)  
            OJ L 305, 30.11.1994, p. 6.

(2)  
            OJ L 1, 3.1.1994, p. 3.

(3)  Regulation (EU) 2021/818 of the European Parliament and of the Council of 20 May 2021 establishing the Creative Europe Programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013 (OJ L 189, 28.5.2021, p. 34).

(4)  See document ST 11259/21 at http://register.consilium.europa.eu.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 22 September 2021 2021/C 386/02
Date: 2021-09-23
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021386EN.01000201.xml










23.9.2021   


EN


Official Journal of the European Union


C 386/2






Euro exchange rates (1)

22 September 2021
(2021/C 386/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1729 




JPY


Japanese yen


128,50 




DKK


Danish krone


7,4361 




GBP


Pound sterling


0,86000 




SEK


Swedish krona


10,1758 




CHF


Swiss franc


1,0820 




ISK


Iceland króna


152,10 




NOK


Norwegian krone


10,1268 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,380 




HUF


Hungarian forint


355,28 




PLN


Polish zloty


4,6325 




RON


Romanian leu


4,9505 




TRY


Turkish lira


10,1523 




AUD


Australian dollar


1,6178 




CAD


Canadian dollar


1,4997 




HKD


Hong Kong dollar


9,1333 




NZD


New Zealand dollar


1,6696 




SGD


Singapore dollar


1,5855 




KRW


South Korean won


1 387,87 




ZAR


South African rand


17,3368 




CNY


Chinese yuan renminbi


7,5850 




HRK


Croatian kuna


7,4935 




IDR


Indonesian rupiah


16 694,77 




MYR


Malaysian ringgit


4,9174 




PHP


Philippine peso


58,995 




RUB


Russian rouble


85,3877 




THB


Thai baht


39,222 




BRL


Brazilian real


6,1636 




MXN


Mexican peso


23,5533 




INR


Indian rupee


86,6220 






(1)  Source: reference exchange rate published by the ECB.
Case C-23/21: Order of the Court (Sixth Chamber) of 23 September 2021 (request for a preliminary ruling from the Gericht Erster Instanz Eupen — Belgium) — IO v Wallonische Region (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 49 TFEU — Freedom of establishment — Road traffic — Driver resident in one Member State — Vehicle registered in another Member State — Vehicle made available to the partner and manager of an undertaking established in that other Member State — Registration obligation in the first Member State)
Date: 2021-09-23
Institutions: Court of Justice
Subjects: Belgium, Walloon region (Belgium), establishment, manager, motor vehicle, remuneration of work, residence, right of establishment, road traffic, vehicle registration








C_2021513EN.01001401.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/14






Order of the Court (Sixth Chamber) of 23 September 2021 (request for a preliminary ruling from the Gericht Erster Instanz Eupen — Belgium) — IO v Wallonische Region
(Case C-23/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Article 49 TFEU - Freedom of establishment - Road traffic - Driver resident in one Member State - Vehicle registered in another Member State - Vehicle made available to the partner and manager of an undertaking established in that other Member State - Registration obligation in the first Member State)
(2021/C 513/21)
Language of the case: German

Referring court

Gericht Erster Instanz Eupen

Parties to the main proceedings


Applicant: IO

Defendant: Wallonische Region

Operative part of the order







1.


Article 49 TFEU must be interpreted as precluding legislation of a Member State pursuant to which a manager of an undertaking or a freelancer, resident in that Member State, may rely on an exception to the obligation to register, in that Member State, a vehicle registered in another Member State and made available to him or her by an undertaking, with or without legal personality, established in that other Member State, only if the documents attesting that the person in question meets the conditions for the exception are at all times carried in that vehicle.










2.


Article 49 TFEU must be interpreted as precluding legislation of a Member State which requires a partner and manager of an undertaking, resident in that Member State, who does not receive a salary or income from that undertaking, established in another Member State, to register a vehicle made available to him or her by the undertaking, without having the possibility of proving the role he or she has within the undertaking, provided that that vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor in fact used in that manner.






(1)  OJ C 128, 12.4.2021.