do-me/EUR-LEX huggingface dataset:
Case T-196/21: Judgment of the General Court of 9 March 2022 — Lea Nature Services v EUIPO — Debonair Trading Internacional (SO …?) (EU trade mark — Invalidity proceedings — EU figurative mark SO …? — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Lack of descriptive character — Article 7(1)(c) of Regulation 2017/1001)
Date: 2022-03-09
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2022198EN.01004202.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/42






Judgment of the General Court of 9 March 2022 — Lea Nature Services v EUIPO — Debonair Trading Internacional (SO …?)
(Case T-196/21) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark SO …? - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Lack of descriptive character - Article 7(1)(c) of Regulation 2017/1001)
(2022/C 198/60)
Language of the case: English

Parties


Applicant: Lea Nature Services (Périgny, France) (represented by: F. Drageon, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: J. Quirin and J. P. Jacquey, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 February 2021 (Case R 1235/2020 4), relating to invalidity proceedings between Lea Nature Services and Debonair Trading Internacional.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Lea Nature Services to pay the costs.






(1)  OJ C 217, 7.6.2021.
Case T-511/20: Judgment of the General Court of 9 March 2022 — Zardini v Commission (Civil service — Officials — Recruitment — Notice of Open Competition EPSO/AD/371/19 — Decision of the Selection Board to exclude the applicant from the next phase of the competition — Criterion to assess professional experience — Compliance of criterion applied by the Selection Board with the competition notice)
Date: 2022-03-09
Institutions: General Court
Subjects: administrator, competition (EU), professional experience








C_2022198EN.01003601.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/36






Judgment of the General Court of 9 March 2022 — Zardini v Commission
(Case T-511/20) (1)

(Civil service - Officials - Recruitment - Notice of Open Competition EPSO/AD/371/19 - Decision of the Selection Board to exclude the applicant from the next phase of the competition - Criterion to assess professional experience - Compliance of criterion applied by the Selection Board with the competition notice)
(2022/C 198/50)
Language of the case: Italian

Parties


Applicant: Alessandro Zardini (Marano di Valpollicella, Italy) (represented by: M. Velardo, lawyer)

Defendant: European Commission (represented by: T. Lilamand and I. Melo Sampaio, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Application under Article 270 TFEU for annulment of, first, the decision of the Selection Board of 31 October 2019 rejecting the request for a review of the refusal to admit the applicant to the next phase of Open Competition EPSO/AD/371/19, and, second, the decision of the appointing authority of 7 May 2020 rejecting the complaint of the applicant against that decision.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Selection Board of 31 October 2019 rejecting the request for a review of the exclusion of Mr Alessandro Zardini from Competition EPSO/AD/371/19;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 320, 28.9.2020.
European Parliament legislative resolution of 9 March 2022 on the draft Council directive amending Directive 2006/112/EC as regards rates of value added tax (14754/2021 — C9-0456/2021 — 2018/0005(CNS))
Date: 2022-03-09
Institutions: Committee on Economic and Monetary Affairs, Committee on Legal Affairs, European Parliament
Subjects: EU Member State, VAT rate, goods and services, provision of services, tax collection, tax harmonisation, tax relief








C_2022347EN.01023201.xml










9.9.2022   


EN


Official Journal of the European Union


C 347/232






P9_TA(2022)0061
Rates of value added tax *
European Parliament legislative resolution of 9 March 2022 on the draft Council directive amending Directive 2006/112/EC as regards rates of value added tax (14754/2021 — C9-0456/2021 — 2018/0005(CNS))
(Special legislative procedure — renewed consultation)
(2022/C 347/25)

The European Parliament,






—


having regard to the Council draft (14754/2021),










—


having regard to the Commission proposal to the Council (COM(2018)0020),










—


having regard to its position of 3 October 2018 (1),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament again (C9-0456/2021),










—


having regard to Rules 82 and 84 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0036/2022),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 11, 13.1.2020, p. 211.
Case T-197/21: Judgment of the General Court of 9 March 2022 — Lea Nature Services v EUIPO — Debonair Trading Internacional (SO …?) (EU trade mark — Invalidity proceedings — EU word mark SO …? — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Lack of descriptive character — Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation 2017/1001))
Date: 2022-03-09
Institutions: General Court
Subjects: EU trade mark, advertising, electronic document, electronic publishing, registered trade mark, sporting event, trade-mark law








C_2022198EN.01004301.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/43






Judgment of the General Court of 9 March 2022 — Lea Nature Services v EUIPO — Debonair Trading Internacional (SO …?)
(Case T-197/21) (1)

(EU trade mark - Invalidity proceedings - EU word mark SO …? - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Lack of descriptive character - Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation 2017/1001))
(2022/C 198/61)
Language of the case: English

Parties


Applicant: Lea Nature Services (Périgny, France) (represented by: F. Drageon, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: J. Quirin and J. P. Jacquey, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 February 2021 (Case R 1234/2020 4), relating to invalidity proceedings between Lea Nature Services and Debonair Trading Internacional.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Lea Nature Services to pay the costs.






(1)  OJ C 217, 7.6.2021.
Non-opposition to a notified concentration (Case M.10625 – CARLYLE GROUP / MACQUARIE GROUP / HYCC) (Text with EEA relevance) 2022/C 120/03
Date: 2022-03-09
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, financial services, hydrogen, investment company, merger control








C_2022120EN.01002201.xml










15.3.2022   


EN


Official Journal of the European Union


C 120/22






Non-opposition to a notified concentration
(Case M.10625 – CARLYLE GROUP / MACQUARIE GROUP / HYCC)
(Text with EEA relevance)
(2022/C 120/03)
On 9 March 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10625. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-204/21: Judgment of the General Court of 9 March 2022 — Stryker v EUIPO (RUGGED) (EU trade mark — International registration designating the European Union — Word mark RUGGED — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001) — Competence of the Board of Appeal — Article 71 of Regulation 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001)
Date: 2022-03-09
Institutions: General Court
Subjects: EU trade mark, facilities for people with disabilities, medical device, registered trade mark, trade-mark law, transport of patients








C_2022198EN.01004401.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/44






Judgment of the General Court of 9 March 2022 — Stryker v EUIPO (RUGGED)
(Case T-204/21) (1)

(EU trade mark - International registration designating the European Union - Word mark RUGGED - Absolute ground for refusal - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001) - Competence of the Board of Appeal - Article 71 of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(2022/C 198/62)
Language of the case: English

Parties


Applicant: Stryker Corp. (Kalamazoo, Michigan, United States) (represented by: I. Fowler, I. Junkar and B. Worbes, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 January 2021 (Case R 370/2020-5), relating to the international registration designating the European Union in respect of the word mark RUGGED.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Stryker Corp. is to pay the costs.






(1)  OJ C 217, 7.6.2021.
Case T-727/20: Order of the General Court of 9 March 2022 — Kirimova v EUIPO (Action for annulment — Representation by a lawyer who is not an independent third party with regard to the applicant — Inadmissibility)
Date: 2022-03-09
Institutions: General Court
Subjects: EU trade mark, admissibility, lawyer, nationality, registered trade mark, trade-mark law








C_2022198EN.01004801.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/48






Order of the General Court of 9 March 2022 — Kirimova v EUIPO
(Case T-727/20) (1)

(Action for annulment - Representation by a lawyer who is not an independent third party with regard to the applicant - Inadmissibility)
(2022/C 198/69)
Language of the case: English

Parties


Applicant: Nigar Kirimova (Munich, Germany) (represented by: A. Parassina and A. García López, lawyers)

Defendant: European Union Intellectual Property Office (represented by: G. Predonzani and A. Söder, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the decision of the Executive Director of EUIPO of 30 September 2020 rejecting the applicant’s request for an exemption from the requirement to be a national of one of the Member States of the European Economic Area (EEA) upon which inclusion on the list of professional representatives authorised by that office depends.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Ms Nigar Kirimova is ordered to bear her own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 163, 3.5.2021.
Case T-456/20: Judgment of the General Court of 9 March 2022 — LA v Commission (Civil service — Officials — Recruitment — Notice of open competition EPSO/AD/371/19 — Decision of the Selection Board to exclude the applicant from the next phase of the competition — Criteria to assess professional experience — Compliance of criteria applied by the Selection Board with the competition notice)
Date: 2022-03-09
Institutions: General Court
Subjects: administrator, competition (EU), professional experience








C_2022198EN.01003401.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/34






Judgment of the General Court of 9 March 2022 — LA v Commission
(Case T-456/20) (1)

(Civil service - Officials - Recruitment - Notice of open competition EPSO/AD/371/19 - Decision of the Selection Board to exclude the applicant from the next phase of the competition - Criteria to assess professional experience - Compliance of criteria applied by the Selection Board with the competition notice)
(2022/C 198/47)
Language of the case: Italian

Parties


Applicant: LA (represented by: M. Velardo, lawyer)

Defendant: European Commission (represented by: T. Lilamand and I. Melo Sampaio, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Application under Article 270 TFEU for annulment, first, of the decision of the Selection Board of 24 September 2019 refusing the applicant’s request for review of the decision not to admit her to the next phase of the open competition EPSO/AD/371/19 and, secondly, of the decision of the appointing authority of 6 April 2020 rejecting the applicant’s complaint against that decision.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Selection Board of 24 September 2019 refusing the request for review of LA’s exclusion from competition EPSO/AD/371/19;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 287, 31.8.2020.
Case T-132/21: Judgment of the General Court of 9 March 2022 — Telefónica Germany v EUIPO (LOOP) (EU trade mark — Application for the EU word mark LOOP — Partial rejection of the application for registration — Absolute grounds of refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Objective characteristics inherent in the nature of the products and services — Sufficiently direct and specific relationship — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001)
Date: 2022-03-09
Institutions: General Court
Subjects: EU trade mark, building materials, electronic device, information technology industry, medical device, registered trade mark, telecommunications, toy industry, trade-mark law








C_2022198EN.01004101.xml










16.5.2022   


EN


Official Journal of the European Union


C 198/41






Judgment of the General Court of 9 March 2022 — Telefónica Germany v EUIPO (LOOP)
(Case T-132/21) (1)

(EU trade mark - Application for the EU word mark LOOP - Partial rejection of the application for registration - Absolute grounds of refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Objective characteristics inherent in the nature of the products and services - Sufficiently direct and specific relationship - Obligation to state reasons - Article 94 of Regulation (EU) 2017/1001)
(2022/C 198/58)
Language of the case: German

Parties


Applicant: Telefónica Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Scardocchia and E. Markakis, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 17 December 2020 (Case R 644/2020-4) relating to an application for registration of the word sign LOOP as an EU trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 December 2020 (Case R 644/2020-4) in so far as it concerns the goods in Class 9 and the services in Classes 38 and 42 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders Telefónica Germany GmbH & Co. OHG to bear one third of its own costs, including one third of the costs incurred by it for the purposes of the proceedings before the Board of Appeal;










4.


Orders EUIPO to bear its own costs and to pay two thirds of the costs incurred by Telefónica Germany, including two thirds of the costs incurred by Telefónica Germany for the purposes of the proceedings before the Board of Appeal.






(1)  OJ C 148, 26.4.2021.
European Parliament legislative resolution of 9 March 2022 on the proposal for a Council directive amending Directive 2008/118/EC and Directive (EU) 2020/262 (recast) as regards tax-free shops situated in the French terminal of the Channel Tunnel (COM(2021)0817 — C9-0016/2022 — 2021/0418(CNS))
Date: 2022-03-09
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: English Channel, France, Nord-Pas-de-Calais, cross-channel connection, duty-free sale, excise duty, rail transport, tax exemption








C_2022347EN.01023101.xml










9.9.2022   


EN


Official Journal of the European Union


C 347/231






P9_TA(2022)0060
Tax-free shops situated in the French terminal of the Channel Tunnel *
European Parliament legislative resolution of 9 March 2022 on the proposal for a Council directive amending Directive 2008/118/EC and Directive (EU) 2020/262 (recast) as regards tax-free shops situated in the French terminal of the Channel Tunnel (COM(2021)0817 — C9-0016/2022 — 2021/0418(CNS))
(Special legislative procedure — consultation)
(2022/C 347/24)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2021)0817),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0016/2022),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0035/2022),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Notice of the impending expiry of certain anti-dumping measures 2022/C 113/05
Date: 2022-03-09
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, import (EU), organic acid, originating product








C_2022113EN.01002401.xml










9.3.2022   


EN


Official Journal of the European Union


C 113/24






Notice of the impending expiry of certain anti-dumping measures
(2022/C 113/05)
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)





Trichloroisocyanuric acid (TCCA)


The People’s Republic of China


Anti-dumping duty


Commission Implementing Regulation (EU) 2017/2230 of 4 December 2017 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
(OJ L 319, 5.12.2017, p. 10)


6.12.2022






(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.