do-me/EUR-LEX huggingface dataset:
Case C-813/21: Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — OK and PI v Banco Sabadell
Date: 2021-12-20
Institutions: Court of Justice
Subjects: consumer credit, consumer information, cost of borrowing, indemnification, limitation of legal proceedings, unfair terms of contract








C_2022213EN.01002001.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/20






Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — OK and PI v Banco Sabadell
(Case C-813/21)
(2022/C 213/27)
Language of the case: Spanish

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings


Appellants: OK and PI

Respondent: Banco Sabadell

Questions referred







1.


In relation to the pursuit of an action to enforce the restitutory effects of a declaration of nullity of a term under which the borrower is required to pay the costs of formalising the contract, is it compatible with Article 6(1) and Article 7(1) of Directive 93/13 (1) to make the bringing of the action subject to a 10-year limitation period which starts to run from when the term exhausts its effects upon settlement of the final payment, the point at which the consumer becomes aware of the facts which establish the unfairness, or is it necessary for the consumer to be in possession of additional information concerning the legal assessment of the facts?
Given that the action for restitution is subject to a long limitation period of 10 years, at what point must the consumer be in a position to be aware of the unfairness of the term and of the rights granted to him or her under Directive 93/13 — before the limitation period starts to run or before that period expires?










2.


If knowledge of the legal assessment of the facts is necessary, must the start of the limitation period be made subject to the existence of settled case-law concerning the nullity of the term or may the national court take other, different circumstances into consideration?






(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Case T-836/19: Order of the General Court of 20 December 2021 — Première Vision v EUIPO — Vente Privee.com (PV)
Date: 2021-12-20
Institutions: General Court
Subjects: EU trade mark, advertising, cultural event, registered trade mark, trade event, trade-mark law








C_2022109EN.01003501.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/35






Order of the General Court of 20 December 2021 — Première Vision v EUIPO — Vente Privee.com (PV)
(Case T-836/19) (1)

(2022/C 109/46)
Language of the case: French
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 45, 10.2.2020.
Case C-810/21: Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Bankia, S.A. v WE and XA
Date: 2021-12-20
Institutions: Court of Justice
Subjects: consumer credit, consumer information, cost of borrowing, indemnification, limitation of legal proceedings, unfair terms of contract








C_2022213EN.01001803.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/18






Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Bankia, S.A. v WE and XA
(Case C-810/21)
(2022/C 213/24)
Language of the case: Spanish

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings


Appellant: Bankia, S.A.

Respondents: WE and XA

Questions referred







1.


In relation to the pursuit of an action to enforce the restitutory effects of a declaration of nullity of a term under which the borrower is required to pay the costs of formalising the contract, is it compatible with Article 6(1) and Article 7(1) of Directive 93/13 (1) to make the bringing of the action subject to a 10-year limitation period which starts to run from when the term exhausts its effects upon settlement of the final payment, the point at which the consumer becomes aware of the facts which establish the unfairness, or is it necessary for the consumer to be in possession of additional information concerning the legal assessment of the facts?
Given that the action for restitution is subject to a long limitation period of 10 years, at what point must the consumer be in a position to be aware of the unfairness of the term and of the rights granted to him or her under Directive 93/13 — before the limitation period starts to run or before that period expires?










2.


If knowledge of the legal assessment of the facts is necessary, must the start of the limitation period be made subject to the existence of settled case-law concerning the nullity of the term or may the national court take other, different circumstances into consideration?






(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Call for submission of applications ‘European Capital of Culture’ - EAC/A04/2021 2021/C 512/04
Date: 2021-12-20
Institutions: Directorate-General for Education, Youth, Sport and Culture, European Commission
Subjects: EU action, European cultural event, capital city, cultural pluralism, cultural promotion, invitation to tender, promotion of the European idea








C_2021512EN.01000401.xml










20.12.2021   


EN


Official Journal of the European Union


C 512/4






Call for submission of applications ‘European Capital of Culture’ - EAC/A04/2021
(2021/C 512/04)






1.


In accordance with Decision 445/2014/EU as amended by Decision (EU) 2017/1545 further amended by Decision (EU) 2020/2229, the Commission, Directorate-General for Education, Sport, Youth and Culture, is launching a call for submission of applications for the Union Action ‘European Capital of Culture’ for the year 2028 for cities in EFTA/EEA countries, candidate countries or potential candidates that participate in the Creative Europe Programme at the date of publication of this call.










2.


The aim of this call is to lead to the designation of one of these cities as European Capital of Culture in 2028.










3.


The objectives of the European Capital of Culture action are to safeguard and promote the diversity of cultures in Europe and to highlight the common features they share as well as to increase citizens’ sense of belonging to a common cultural area, and to foster the contribution of culture to the long-term development of cities. Activities developped by the city that will be designated as European Capital of Culture will strive to enhance the range, diversity and European dimension of its cultural offering; to widen access to and participation in culture; to strengthen the capacity of its cultural sector and the links of the latter with other sectors and to raise its international profile through culture.










4.


Detailed information, financing conditions and application form can be found in the full text of the call at: https://ec.europa.eu/culture/calls/ecoc-2028
The full text provides an overview of the eligibility, exclusion and award criteria that will be applied for the assessment of the applications as well as information about the selection procedure. Applications must comply with all the requirements set out in the full text of the call.










5.


Applications must be sent to the address indicated in the full text of the call no later than 11 November 2022.
Taking of the oath by new Members of the General Court
Date: 2021-12-20
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000701.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/7






Taking of the oath by new Members of the General Court
(2021/C 513/12)
Following her appointment as Judge at the General Court for the period from 10 June 2021 to 31 August 2025 by decision of the Representatives of the Governments of the Member States of the European Union of 2 June 2021, (1) Ms Brkan took the oath before the Court of Justice on 6 July 2021.
Following his appointment as Judge at the General Court for the period from 10 September 2021 to 31 August 2025 by decision of the Representatives of the Governments of the Member States of the European Union of 8 September 2021, (2) Mr Zilgalvis took the oath before the Court of Justice on 27 September 2021.
Following their appointment as Judges at the General Court for the period from 18 October 2021 to 31 August 2022 by decision of the Representatives of the Governments of the Member States of the European Union of 13 October 2021, (3) Mr Kecsmár and Mr Gâlea took the oath before the Court of Justice on 27 October 2021.


(1)  OJ L 203, 9.6. 2021, p. 16.

(2)  OJ L 319, 10.9.2021, p. 5.

(3)  OJ L 368, 18.10.2021, p. 4.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 17 December 2021 2021/C 512/03
Date: 2021-12-20
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021512EN.01000301.xml










20.12.2021   


EN


Official Journal of the European Union


C 512/3






Euro exchange rates (1)

17 December 2021
(2021/C 512/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1330 




JPY


Japanese yen


128,28 




DKK


Danish krone


7,4364 




GBP


Pound sterling


0,85208 




SEK


Swedish krona


10,2753 




CHF


Swiss franc


1,0409 




ISK


Iceland króna


146,20 




NOK


Norwegian krone


10,1783 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,255 




HUF


Hungarian forint


367,57 




PLN


Polish zloty


4,6336 




RON


Romanian leu


4,9501 




TRY


Turkish lira


19,1155 




AUD


Australian dollar


1,5815 




CAD


Canadian dollar


1,4527 




HKD


Hong Kong dollar


8,8388 




NZD


New Zealand dollar


1,6738 




SGD


Singapore dollar


1,5459 




KRW


South Korean won


1 342,76 




ZAR


South African rand


17,9280 




CNY


Chinese yuan renminbi


7,2234 




HRK


Croatian kuna


7,5223 




IDR


Indonesian rupiah


16 268,73 




MYR


Malaysian ringgit


4,7807 




PHP


Philippine peso


56,621 




RUB


Russian rouble


83,6856 




THB


Thai baht


37,706 




BRL


Brazilian real


6,4648 




MXN


Mexican peso


23,5473 




INR


Indian rupee


86,0640 






(1)  Source: reference exchange rate published by the ECB.
Assignment of Judges to Chambers
Date: 2021-12-20
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000304.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/3






Assignment of Judges to Chambers
(2021/C 513/09)
At its General Meeting on 11 October 2021, the Court decided to assign Judges to the Chambers of five Judges as follows:

First Chamber

Mr Arabadjiev, President,
Mr von Danwitz, Mr Xuereb, Mr Kumin and Ms Ziemele, Judges

Second Chamber

Ms Prechal, President,
Mr Biltgen, Mr Wahl, Mr Passer and Ms Arastey Sahún, Judges

Third Chamber

Ms Jürimäe, President,
Mr Safjan, Mr Piçarra, Mr Jääskinen and Mr Gavalec, Judges

Fourth Chamber

Mr Lycourgos, President,
Mr Bonichot, Mr Rodin, Ms Rossi and Ms Spineanu-Matei, Judges

Fifth Chamber

Mr Regan, President,
Mr Ilešič, Mr Jarukaitis, Mr Gratsias and Mr Csehi, Judges
At its General Meeting on 11 October 2021, the Court decided to assign Judges to the Chambers of three Judges as follows:

Sixth Chamber

Ms Ziemele, President,
Mr von Danwitz, Mr Xuereb and Mr Kumin, Judges

Seventh Chamber

Mr Passer, President,
Mr Biltgen, Mr Wahl and Ms Arastey Sahún, Judges

Eighth Chamber

Mr Jääskinen, President,
Mr Safjan, Mr Piçarra and Mr Gavalec, Judges

Ninth Chamber

Mr Rodin, President,
Mr Bonichot, Ms Rossi and Ms Spineanu-Matei, Judges

Tenth Chamber

Mr Jarukaitis, President,
Mr Ilešič, Mr Gratsias and Mr Csehi, Judges
At its General Meeting on 11 October 2021, the Court also decided to assign the Vice-President to the First Chamber and the Sixth Chamber for the purposes of the cases in which he is to act as Judge-Rapporteur and which will be assigned by the Court to a Chamber of five Judges or a Chamber of three Judges, respectively.
The Court also decided to assign the Presidents of the Chambers of five Judges to a Chamber of three Judges for all cases in which they are to act as Judge-Rapporteur and which will be assigned by the Court to such a chamber. Accordingly, the Court decides to assign Mr Arabadjiev to the Sixth Chamber, Ms Prechal to the Seventh Chamber, Ms Jürimäe to the Eighth Chamber, Mr Lycourgos to the Ninth Chamber and Mr Regan to the Tenth Chamber.
Case T-785/21: Action brought on 20 December 2021 — SC Ha Ha Ha Production v EUIPO — The Smiley Company (SMILEY)
Date: 2021-12-20
Institutions: General Court
Subjects: EU trade mark, film production, music, performing arts, recording, registered trade mark, trade-mark law








C_2022109EN.01002401.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/24






Action brought on 20 December 2021 — SC Ha Ha Ha Production v EUIPO — The Smiley Company (SMILEY)
(Case T-785/21)
(2022/C 109/33)
Language of the case: English

Parties


Applicant: SC Ha Ha Ha Production SRL (Calinesti, Romania) (represented by: O. Anghel, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: The Smiley Company SPRL (Brussels, Belgium)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark SMILEY — Application for registration No 17 569 641

Procedure before EUIPO: Opposition proceedings

Contested decisions: Decision of the Fifth Board of Appeal of EUIPO of 23 September 2021 in Case R 2936/2019-5 relative to the revocation of its decision issued on 15 January 2021 and Decision of the Fifth Board of Appeal of EUIPO of 21 October 2021 in Case R 2936/2019-5

Form of order sought

The applicant claims that the Court should:






—


set aside of the decision of the Fifth Board of Appeal of EUIPO of 23 September 2021 relative to the revocation of its Decision of 15 January 2021;










—


set aside of the decision of the Fifth Board of Appeal of 21 October 2021 in order to register the requested European trade mark, SMILEY no. 17 569 641, for the class of products and services 41;










—


order the defendant and, if appropriate, the other party to the proceedings before the Board of Appeal, to pay the costs of the proceedings, including the costs incurred during the appeal proceedings.





Pleas in law







—


Infringement of Article 103 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of the general principles of EU law.
Case C-811/21: Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Banco Bilbao Vizcaya Argentaria, S.A. v TB and UK
Date: 2021-12-20
Institutions: Court of Justice
Subjects: consumer credit, consumer information, cost of borrowing, indemnification, limitation of legal proceedings, unfair terms of contract








C_2022213EN.01001901.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/19






Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Banco Bilbao Vizcaya Argentaria, S.A. v TB and UK
(Case C-811/21)
(2022/C 213/25)
Language of the case: Spanish

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings


Appellant: Banco Bilbao Vizcaya Argentaria, S.A.

Respondents: TB and UK

Questions referred







1.


In relation to the pursuit of an action to enforce the restitutory effects of a declaration of nullity of a term under which the borrower is required to pay the costs of formalising the contract, is it compatible with Article 6(1) and Article 7(1) of Directive 93/13 (1) to make the bringing of the action subject to a 10-year limitation period which starts to run from when the term exhausts its effects upon settlement of the final payment, the point at which the consumer becomes aware of the facts which establish the unfairness, or is it necessary for the consumer to be in possession of additional information concerning the legal assessment of the facts?
Given that the action for restitution is subject to a long limitation period of 10 years, at what point must the consumer be in a position to be aware of the unfairness of the term and of the rights granted to him or her under Directive 93/13 — before the limitation period starts to run or before that period expires?










2.


If knowledge of the legal assessment of the facts is necessary, must the start of the limitation period be made subject to the existence of settled case-law concerning the nullity of the term or may the national court take other, different circumstances into consideration?






(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Case T-786/21: Action brought on 20 December 2021 — Team Beverage v EUIPO (TEAM BUSINESS IT DATEN — PROZESSE — SYSTEME)
Date: 2021-12-20
Institutions: General Court
Subjects: EU trade mark, communications systems, consultancy, data processing, education, provision of services, publishing, registered trade mark, software, trade-mark law








C_2022073EN.01005601.xml










14.2.2022   


EN


Official Journal of the European Union


C 73/56






Action brought on 20 December 2021 — Team Beverage v EUIPO (TEAM BUSINESS IT DATEN — PROZESSE — SYSTEME)
(Case T-786/21)
(2022/C 73/71)
Language of the case: German

Parties


Applicant: Team Beverage AG (Bremen, Germany) (represented by: O. Spieker, D. Mienert and J. Selbmann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for EU figurative mark TEAM BUSINESS IT DATEN — PROZESSE — SYSTEME in blue and grey — Application for registration No 17 660 655

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 October 2021 in Case R 2185/2020-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(c) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Taking of the oath by new Members of the Court
Date: 2021-12-20
Institutions: Court of Justice
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000201.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/2






Taking of the oath by new Members of the Court
(2021/C 513/02)
Following their appointment as Judges at the Court of Justice for the period from 7 October 2021 to 6 October 2027 by decisions of the Representatives of the Governments of the Member States of the European Union of 19 February 2021 (1), 21 April 2021 (2), 2 June 2021 (3) and 7 July 2021 (4), Mr Gavalec, Ms Spineanu-Matei, Mr Gratsias, Mr Csehi and Ms Arastey Sahún took the oath before the Court of Justice on 7 October 2021.
Following their appointment as Advocates General at the Court of Justice for the period from 7 October 2021 to 6 October 2027 by decisions of the Representatives of the Governments of the Member States of the European Union of 21 April 2021 2, 7 July 2021 4 and 8 September 2021 (5), Mr Emiliou, Ms Ćapeta and Ms Medina took the oath before the Court of Justice on 7 October 2021.
Following his appointment as Advocate General at the Court of Justice for the period from 7 October 2021 to 6 October 2024 by decision of the Representatives of the Governments of the Member States of the European Union of 8 September 2021 5, Mr Collins took the oath before the Court of Justice on 7 October 2021.


(1)  OJ L 64, 24.2.2021, p. 4.

(2)  OJ L 176, 19.5.2021, p. 3.

(3)  OJ L 201, 8.6.2021, p. 28.

(4)  OJ L 243, 9.7.2021, p. 45.

(5)  OJ L 319, 10.9.2021, p. 4.