do-me/EUR-LEX huggingface dataset:
Case T-73/22: Action brought on 8 February 2022 — Walsall Conduits v EUIPO — Liberty Engineering (Willenhall) (WALSALL CONDUITS)
Date: 2022-02-08
Institutions: General Court
Subjects: EU trade mark, electric cable, metal product, registered trade mark, trade-mark law, tube








C_2022148EN.01003402.xml










4.4.2022   


EN


Official Journal of the European Union


C 148/34






Action brought on 8 February 2022 — Walsall Conduits v EUIPO — Liberty Engineering (Willenhall) (WALSALL CONDUITS)
(Case T-73/22)
(2022/C 148/46)
Language in which the application was lodged: English

Parties


Applicant: Walsall Conduits Ltd (Liverpool, United Kingdom) (represented by: C. Bey, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Liberty Engineering (Willenhall) Ltd (London, United Kingdom)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark WALSALL CONDUITS — Application for registration No 16 369 944

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 22 November 2021 in Case R 575/2021-1

Form of order sought

The applicant claims that the Court should:






—


uphold the action;










—


annul the contested decision;










—


hold the opposition well-founded and reject the contested trade mark application in its entirety; in the alternative, refer the case back to the Opposition Division of the EUIPO;










—


order EUIPO and Shifter (Willenhall) Limited to pay the costs of proceedings, including the costs incurred by the applicant in the proceedings before the First Board of Appeal of the Office.





Pleas in law







—


Infringement of Article 8(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 8(1) of Regulation (EC) No 207/2009 the Council;










—


Infringement of Article 11(1), (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 9(3) of Regulation (EC) No 207/2009 the Council;










—


Infringement of Articles 41(1) and 47(1), (2) of the European Union Charter of Fundamental Rights;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 8(1)(b) of Regulation (EC) No 207/2009 the Council.
Decision No 77/2022 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 8 February 2022 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2022/374]
Date: 2022-02-08
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2022069EN.01013301.xml










4.3.2022   


EN


Official Journal of the European Union


L 69/133








            DECISION No 77/2022 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 8 February 2022
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2022/374]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in attachment A is added to the list of Conformity Assessment Bodies under column 'EC access to the US market' in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.









On behalf of the United States of America

James C. SANFORD
            

Signed in Washington, on 2 February 2022
               




On behalf of the European Union

Lucian CERNAT
            

Signed in Brussels, on 8 February 2022
               








Attachment A
EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column 'EC access to the US market' in Section V of the Sectoral Annex for Electromagnetic Compatibility











Kiwa Creiven Srl






Corso Spagna 12






35127 Padova






ITALY
Decision No 75/2021 of the Joint Committee Established under the Agreement on Mutual Recognition Between the European Community and the United States of America of 8 February 2022 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2022/372]
Date: 2022-02-08
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2022069EN.01012901.xml










4.3.2022   


EN


Official Journal of the European Union


L 69/129








            DECISION No 75/2021 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 8 February 2022
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2022/372]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;
HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Bodies in attachment A are added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scopes of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Bodies indicated in Attachment A have been agreed by the Parties and will be maintained by them.
This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.








On behalf of the United States of America
James C. SANFORD
            
Signed in Washington, on 2 February 2022
            


On behalf of the European Union
Lucian CERNAT
            
Signed in Brussels, on 8 February 2022
            







Attachment A

EC Conformity Assessment Bodies added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility












Ademco CZ s.r.o.






Turanka 1236/96






Slatina






627 00 Brno






CZECH REPUBLIC
Prior notification of a concentration (Case M.10570 - ADVENT / PERMIRA / MCAFEE) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 66/06
Date: 2022-02-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, information security, investment company, merger control, provision of services








C_2022066EN.01006301.xml










8.2.2022   


EN


Official Journal of the European Union


C 66/63






Prior notification of a concentration
(Case M.10570 - ADVENT / PERMIRA / MCAFEE)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 66/06)

1.   
On 31 January 2022, 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:






—


Permira Holdings Limited (‘Permira’, UK),










—


Advent International Corporation (‘Advent’, US),










—


McAfee Corp. (‘McAfee’, US).




Permira and Advent acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of McAfee. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Permira: provision of investment management services to a number of investment funds. Permira controls a number of portfolio companies which are active in a variety of sectors across a range of jurisdictions;










—


for Advent: acquisition of equity stakes and management of investment funds in various sectors, including healthcare, industrial, technology, retail, consumer and leisure, and business and financial services;










—


for McAfee: provision of advanced security solutions to consumers. McAfee is active in the design and development of security products and services focused in particular on ensuring that internet connected devices are protected from malicious content.






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 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.10570 - ADVENT / PERMIRA / MCAFEE
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 T-74/22: Action brought on 8 February 2022 — Siemens v Parliament
Date: 2022-02-08
Institutions: General Court
Subjects: Alsace, award of contract, group of companies, improvement of housing, indemnification, legality, public building, public procurement, tendering, transparency in decision-making








C_2022138EN.01003001.xml










28.3.2022   


EN


Official Journal of the European Union


C 138/30






Action brought on 8 February 2022 — Siemens v Parliament
(Case T-74/22)
(2022/C 138/35)
Language of the case: French

Parties


Applicant: Siemens SAS (Saint-Denis, France) (represented by: E. Berkani, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:
primarily,






—


annul the two decisions of 8 December 2021 rejecting the tenders of the temporary group of undertakings, which Siemens SAS is a member of, in respect of Lot 1 and Lot 2;










—


annul the two decisions awarding Lot 1 to Santerne Alsace and Lot 2 to Detection Electronique Française (DEF);
in the alternative,










—


order the European Parliament to pay a sum of EUR 1 967 994 to Siemens SAS as compensation for the damages arising from the loss of opportunity to obtain Lots 1 and 2 of the disputed contract;
in any event,










—


order the European Parliament to pay the costs of the proceedings.





Pleas in law and main arguments

In support of its action against the two decisions of the European Parliament of 8 December 2021 rejecting the tenders it submitted for Lots 1 and 2 in the context of tendering procedure No 06A70/2021/M004 concerning the renewal of the fire safety system in the European Parliament buildings in Strasbourg, the applicant relies on two pleas in law.






1.


First plea in law, alleging an illegality in the exclusion of Siemens SAS from Lots 1 and 2. The applicant alleges, first, a manifest error of assessment in the scoring of the tenders by the European Parliament and, second, breach of the principle of transparency by reason of the transmission by the Parliament to Siemens SAS of a flawed simulation tool which played a decisive role in the preparation of the tenders.










2.


Second plea in law, alleging the non-contractual liability of the Parliament. The applicant seeks compensation for the damage suffered as a result of the loss of opportunity to obtain the award of Lots 1 and 2.
Case C-83/22: Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena (Spain) lodged on 8 February 2022 — RTG v Tuk Travel, S.L.
Date: 2022-02-08
Institutions: Court of Justice
Subjects: consumer protection, contractual liability, damages, package travel, provision of services, termination of a contract, traveller








C_2022213EN.01002401.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/24






Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena (Spain) lodged on 8 February 2022 — RTG v Tuk Travel, S.L.
(Case C-83/22)
(2022/C 213/33)
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 5 de Cartagena

Parties to the main proceedings


Applicant: RTG

Defendant: Tuk Travel, S.L.

Questions referred







1.


Must Articles 169(1) and (2)(a) TFEU and 114(3) TFEU be interpreted as precluding Article 5 of Directive 2015/2302 (1) on package travel and linked travel arrangements, since that article does not include, among the compulsory precontractual information to be provided to travellers, the right, conferred on travellers by Article 12 of the directive, to terminate the contract before the start of the package and obtain a full refund of payments made in the event of unavoidable and extraordinary circumstances which significantly affect the performance of the package?










2.


Do Articles 114 and 169 TFEU, and Article 15 of Directive 2015/2302, preclude the application of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part, which are laid down in Articles 216 and 218(1) LEC [Ley de Enjuiciamiento Civil (Law on Civil Procedure)], where those procedural principles are liable to impede the full protection of the applicant consumer?






(1)  Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ 2015 L 326, p. 1).