do-me/EUR-LEX huggingface dataset:
Case T-597/22: Action brought on 26 September 2022 — Sophienwald v EUIPO — Zalto Glas (Sw Sophienwald)
Date: 2022-09-26
Institutions: General Court
Subjects: EU trade mark, gift item, glass, household article, precious metal, registered trade mark, trade-mark law








C_2022441EN.01002301.xml










21.11.2022   


EN


Official Journal of the European Union


C 441/23






Action brought on 26 September 2022 — Sophienwald v EUIPO — Zalto Glas (Sw Sophienwald)
(Case T-597/22)
(2022/C 441/31)
Language in which the application was lodged: German

Parties


Applicant: Sophienwald AG (Vaduz, Liechtenstein) (represented by: J. Hellenbrand, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Zalto Glas GmbH (Gmünd, Austria)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark Sw Sophienwald — EU trade mark No 13 448 981

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 25 July 2022 in Case R 2113/2021-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings before the Court and of the proceedings before EUIPO.





Pleas in law







—


Infringement of Art 95(1) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;










—


Infringement of Art 94(1) of Regulation (EU) No 2017/1002 of the European Parliament and of the Council;










—


Infringement of Art 7(1)(c) of Regulation (EU) No 2017/1001 of the European Parliament and of the Council;










—


Infringement of the principle of non-arbitrariness.
Council Decision (EU) 2022/1678 of 26 September 2022 appointing two members, proposed by the Republic of Slovenia, of the Committee of the Regions
Date: 2022-09-26
Institutions: Council of the European Union
Subjects: Slovenia, appointment of members, member of the Committee of the Regions








L_2022252EN.01007001.xml










30.9.2022   


EN


Official Journal of the European Union


L 252/70








            COUNCIL DECISION (EU) 2022/1678
of 26 September 2022
         
appointing two members, proposed by the Republic of Slovenia, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),


Having regard to the proposals of the Slovenian Government,

Whereas:







(1)


Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.












(2)


On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.












(3)


Two members’ seats on the Committee of the Regions have become vacant following the end of the national mandate on the basis of which Mr Uroš BREŽAN and Mr Aleksander JEVŠEK were proposed for appointment.












(4)


The Slovenian Government has proposed the following representatives of local bodies who hold a local authority electoral mandate as members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025: Mr Tine RADINJA, župan Škofje Loke (Mayor of Škofja Loka), and Mr Tomaž ROŽEN, župan Raven na Koroškem (Mayor of Ravne na Koroškem),





HAS ADOPTED THIS DECISION:



Article 1
The following representatives of local bodies who hold an electoral mandate are hereby appointed as members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025:






—


Mr Tine RADINJA, župan Škofje Loke (Mayor of Škofja Loka),










—


Mr Tomaž ROŽEN, župan Raven na Koroškem (Mayor of Ravne na Koroškem).






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




Done at Brussels, 26 September 2022.


For the Council


The President

Z. NEKULA
            





(1)  
            OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).
Case T-601/22: Action brought on 26 September 2022 — Consultora de Telecomunicaciones Optiva Media/EUIPO — Optiva Canada (OPTIVA MEDIA)
Date: 2022-09-26
Institutions: General Court
Subjects: EU trade mark, business management, computer equipment, consultancy, registered trade mark, scientific research, software, telecommunications, trade-mark law








C_2022441EN.01002401.xml










21.11.2022   


EN


Official Journal of the European Union


C 441/24






Action brought on 26 September 2022 — Consultora de Telecomunicaciones Optiva Media/EUIPO — Optiva Canada (OPTIVA MEDIA)
(Case T-601/22)
(2022/C 441/32)
Language in which the application was lodged: English

Parties


Applicant: Consultora de Telecomunicaciones Optiva Media SL (Madrid, Spain) (represented by: C. Rivadulla Oliva, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Optiva Canada Inc. (Mississauga, Ontario, Canada)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union figurative mark OPTIVA MEDIA (Claiming the colours ‘green’ and ‘black’) — European Union trade mark No 10 939 767

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 13 July 2022 in joined cases R 1533/2021-5 and R 1740/2021-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision.





Plea in law







—


Infringement of Articles 18 and 58 through 64 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Request for an Advisory Opinion from the EFTA Court by Verwaltungsgerichtshof des Fürstentums Liechtenstein dated 26 September 2022 in the case of Maximilian Maier (Case E-12/22) 2023/C 49/06
Date: 2022-09-26
Institutions: EFTA Court
Subjects: EU Member State, European Economic Area, Liechtenstein, equivalence of diplomas, freedom to provide services, lawyer, professional qualifications, recognition of vocational training qualifications, right of establishment








C_2023049EN.01000701.xml










9.2.2023   


EN


Official Journal of the European Union


C 49/7






Request for an Advisory Opinion from the EFTA Court by Verwaltungsgerichtshof des Fürstentums Liechtenstein dated 26 September 2022 in the case of Maximilian Maier
(Case E-12/22)
(2023/C 49/06)
A request has been made to the EFTA Court, dated 26 September 2022, from the Verwaltungsgerichtshof des Fürstentums Liechtenstein (the Administrative Court of the Principality of Liechtenstein), which was received at the Court Registry on 30 September 2022, for an Advisory Opinion in the case of Maximilian Maier on the following question:
Is a national provision, according to which a lawyer, who normally practices his profession in a Member State other than the one in which he obtained his qualification, is not authorised to be appointed as a legal aid lawyer, legal aid defence counsel or public defender, compatible with Directive 98/5/EC (1)?


(1)  OJ L 77, 14.3.1998, p. 36.
Case T-603/22: Action brought on 26 September 2022 — Agus v EUIPO — Alpen Food Group (ROYAL MILK)
Date: 2022-09-26
Institutions: General Court
Subjects: EU trade mark, milk product, registered trade mark, trade-mark law








C_2022441EN.01002402.xml










21.11.2022   


EN


Official Journal of the European Union


C 441/24






Action brought on 26 September 2022 — Agus v EUIPO — Alpen Food Group (ROYAL MILK)
(Case T-603/22)
(2022/C 441/33)
Language in which the application was lodged: English

Parties


Applicant: Agus sp. z o.o. (Warsaw, Poland) (represented by: B. Wojtkowska, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Alpen Food Group BV (Weesp, Netherlands)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union figurative mark ROYAL MILK — European Union trade mark No 10 321 735

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 11 July 2022 in Case R 2056/2021-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings.





Plea in law







—


Infringement of Article 58(1)(a) and 58(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-134/22: Order of the General Court of 26 September 2022 — OO v EIB (Civil service — EIB staff — Remuneration — Expatriation allowance reduced by half — Salary statement — Time limit for bringing proceedings — Inadmissibility)
Date: 2022-09-26
Institutions: General Court
Subjects: European official, reassignment, staff regulations (EU), work contract








C_2022463EN.01005201.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/52






Order of the General Court of 26 September 2022 — OO v EIB
(Case T-134/22) (1)

(Civil service - EIB staff - Remuneration - Expatriation allowance reduced by half - Salary statement - Time limit for bringing proceedings - Inadmissibility)
(2022/C 463/76)
Language of the case: French

Parties


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

Defendant: European Investment Bank (represented by: G. Faedo and J. Pawlowicz, acting as Agents, and B. Wägenbaur, lawyer)

Re:

By her action under Article 270 TFEU and under Article 50a of the Statute of the Court of Justice of the European Union, the applicant seeks annulment of the notice of the European Investment Bank (EIB) of 27 February 2012, in so far as that notice grants her an expatriation allowance reduced by half.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


OO shall bear the costs.






(1)  OJ C 191, 10.5.2022.
Case T-600/22: Action brought on 26 September 2022 — ST v Frontex
Date: 2022-09-26
Institutions: General Court
Subjects: Aegean Sea, EU financing, border control, external border of the EU, operation of the Institutions








C_2022424EN.01005301.xml










7.11.2022   


EN


Official Journal of the European Union


C 424/53






Action brought on 26 September 2022 — ST v Frontex
(Case T-600/22)
(2022/C 424/66)
Language of the case: English

Parties


Applicant: ST (represented by: F. Gatta, lawyer)

Defendant: European Border and Coast Guard Agency

Form of order sought

The applicant claim that the Court should:






—


declare that, after Frontex was called upon to act in accordance with the procedure laid down in Article 265 TFEU, Frontex unlawfully failed to act, by refraining from taking the decision to withdraw the financing of all or part of its activities in the Aegean Sea region, to suspend those activities or to terminate them in whole or in part, in accordance with Article 46(4) of Regulation 2019/1896 (1), or by not providing duly justified grounds for failing to implement the relevant measure within the meaning of Article 46(6) of that regulation, and, further, that it did not define its position in response to the applicant’s preliminary request.










—


in the alternative, annul the decision of 27 July 2022 of Frontex, refusing to act upon the invitation to act in accordance with Article 46(4).










—


order the defendant to pay all the costs, in accordance with Article 134(1) of the Rules of Procedure of the General Court.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging that, after Frontex was called upon to act in accordance with the procedure laid down in Article 265 TFEU, it has unlawfully failed to act, by refraining from taking the decision to withdraw the financing of all or part of its activities in the Aegean Sea Region, to suspend those activities or to terminate them in whole or in part, in accordance with Article 46(4) of Regulation 2019/1896, or by not providing duly justified grounds for failing to implement the relevant measure within the meaning of Article 46(6) of that regulation.










2.


Second plea in law, alleging that, in the alternative, should the Court consider that Frontex’s reply on the preliminary request pursuant to Article 265 TFEU constitutes a definition of position bringing the failure to act to an end, then its refusal to act in accordance with the applicant’s invitation to act forms the basis of an action for annulment under the fourth paragraph of Article 263 TFEU.






(1)  Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ 2019 L 295, p. 1).
Prior notification of a concentration (Case M.10840 – INFINIGATE / NUVIAS) (Text with EEA relevance) 2022/C 367/07
Date: 2022-09-26
Institutions: Directorate-General for Competition, European Commission
Subjects: distributor, economic concentration, holding company, information security, information technology industry, merger control, wholesale trade








C_2022367EN.01001401.xml










26.9.2022   


EN


Official Journal of the European Union


C 367/14






Prior notification of a concentration
(Case M.10840 – INFINIGATE / NUVIAS)
(Text with EEA relevance)
(2022/C 367/07)

1.   
On 16 September 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:






—


Infinigate Holding AG (‘Infinigate’, Switzerland), ultimately controlled by Bridgepoint Group plc (UK),










—


RPE Investments Limited (‘RPE’, UK), ultimately controlled by Rigby Group (RG) plc (UK).




Infinigate will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of RPE.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Infinigate is a wholesale distributor of IT products with a focus on cybersecurity products (including firewalls, VPN gateways, intrusion detection and prevention systems, encryption, virus protection, email and content security solutions, and cloud-enabled security solutions) in Western-Europe,










—


RPE is the holding company of the Nuvias Group (‘Nuvias’), which consists of Nuvias Group Ltd. (UK) and Nuvias UC Overseas Limited (UK). Nuvias is a wholesale distributor of IT products, with a focus on cybersecurity products and networking solutions in Western-Europe.






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.



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.10840 – INFINIGATE / NUVIAS
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’).
Council Decision (EU) 2022/1680 of 26 September 2022 appointing a member, proposed by the Kingdom of Spain, of the Committee of the Regions
Date: 2022-09-26
Institutions: Council of the European Union
Subjects: Spain, appointment of members, member of the Committee of the Regions








L_2022252EN.01007301.xml










30.9.2022   


EN


Official Journal of the European Union


L 252/73








            COUNCIL DECISION (EU) 2022/1680
of 26 September 2022
         
appointing a member, proposed by the Kingdom of Spain, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.












(2)


On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.












(3)


A member’s seat on the Committee of the Regions has become vacant following the end of the national mandate on the basis of which Mr Alberto NÚÑEZ FEIJÓO was proposed for appointment.












(4)


The Spanish Government has proposed Mr Alfonso RUEDA VALENZUELA, representative of a regional body who holds a regional authority electoral mandate, Presidente de la Junta de Galicia (President of the Regional Government of Galicia), as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,





HAS ADOPTED THIS DECISION:



Article 1
Mr Alfonso RUEDA VALENZUELA, representative of a regional body who holds an electoral mandate, Presidente de la Junta de Galicia (President of the Regional Government of Galicia), is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.


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




Done at Brussels, 26 September 2022.


For the Council


The President

Z. NEKULA
            





(1)  
            OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).
Council Decision (EU) 2022/1679 of 26 September 2022 appointing a member, proposed by the Kingdom of Denmark, of the Committee of the Regions
Date: 2022-09-26
Institutions: Council of the European Union
Subjects: Denmark, appointment of members, member of the Committee of the Regions








L_2022252EN.01007201.xml










30.9.2022   


EN


Official Journal of the European Union


L 252/72








            COUNCIL DECISION (EU) 2022/1679
of 26 September 2022
         
appointing a member, proposed by the Kingdom of Denmark, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),


Having regard to the proposal of the Danish Government,

Whereas:







(1)


Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.












(2)


On 18 July 2022, the Council adopted Decision (EU) 2022/1257 (2), appointing five members and seven alternate members, proposed by the Kingdom of Denmark, of the Committee of the Regions.












(3)


A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Peter Sønderby Westphal SØRENSEN.












(4)


The Danish Government has proposed Mr Kasper Egede GLYNGØ, representative of a local body who holds a local authority electoral mandate, Byrådsmedlem, Hedensted Kommune (City Council member, Hedensted Municipality), as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,





HAS ADOPTED THIS DECISION:



Article 1
Mr Kasper Egede GLYNGØ, representative of a local body who holds an electoral mandate, Byrådsmedlem, Hedensted Kommune (City Council member, Hedensted Municipality), is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.


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




Done at Brussels, 26 September 2022.


For the Council


The President

Z. NEKULA
            





(1)  
            OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2022/1257 of 18 July 2022 appointing five members and seven alternate members, proposed by the Kingdom of Denmark, of the Committee of the Regions (OJ L 191, 20.7.2022, p. 63).
Request for an Advisory Opinion from the EFTA Court by Verwaltungsgerichtshof des Fürstentums Liechtenstein dated 26 September 2022 in the case of RS v Steuerverwaltung des Fürstentums Liechtenstein (Case E-11/22) 2023/C 49/05
Date: 2022-09-26
Institutions: EFTA Court
Subjects: European Economic Area, Liechtenstein, equal treatment, personal income tax, tax collection, tax law, taxpayer, wage earner








C_2023049EN.01000601.xml










9.2.2023   


EN


Official Journal of the European Union


C 49/6






Request for an Advisory Opinion from the EFTA Court by Verwaltungsgerichtshof des Fürstentums Liechtenstein dated 26 September 2022 in the case of RS v Steuerverwaltung des Fürstentums Liechtenstein
(Case E-11/22)
(2023/C 49/05)
A request has been made to the EFTA Court, dated 26 September 2022, from the Verwaltungsgerichtshof des Fürstentums Liechtenstein (the Administrative Court of the Principality of Liechtenstein), which was received at the Court Registry on 30 September 2022, for an Advisory Opinion in the case of RS v Steuerverwaltung des Fürstentums Liechtenstein (Fiscal Authority of the Principality of Liechtenstein) on the following question:
Must Articles 3, 4 and 28(2) of the EEA Agreement be interpreted as precluding the application of a higher tax rate to the taxation of earnings gained by activity in Liechtenstein as an employed person by nationals of an EEA Member State who are not resident for tax purposes on national territory (Liechtenstein), compared to persons liable to tax who are resident for tax purposes on national territory (Liechtenstein), when assessing taxes in respect of the tax years up to 2020, insofar as they have not yet been finally assessed?