do-me/EUR-LEX huggingface dataset:
Case T-323/21: Judgment of the General Court of 19 October 2022 — Castel Frères v EUIPO — Shanghai Panati (Representation of Chinese characters) (EU trade mark — Revocation proceedings — EU figurative mark representing Chinese characters — Genuine use of the trade mark — Article 18(1) of Regulation (EU) 2017/1001 — Article 58(1)(a) of Regulation 2017/1001 — Alteration of the distinctive character)
Date: 2022-10-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, still wine, trade-mark law








C_2023007EN.01002702.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/27






Judgment of the General Court of 19 October 2022 — Castel Frères v EUIPO — Shanghai Panati (Representation of Chinese characters)
(Case T-323/21) (1)

(EU trade mark - Revocation proceedings - EU figurative mark representing Chinese characters - Genuine use of the trade mark - Article 18(1) of Regulation (EU) 2017/1001 - Article 58(1)(a) of Regulation 2017/1001 - Alteration of the distinctive character)
(2023/C 7/34)
Language of the case: English

Parties


Applicant: Castel Frères (Blanquefort, France) (represented by: T. de Haan, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Shanghai Panati Co. (Shanghai, China)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 March 2021 (Case R 753/2020-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Castel Frères to pay the costs.






(1)  OJ C 310, 2.8.2021.
Prior notification of a concentration (Case M.10911 – PARTNERS GROUP / KOHLBERG / USIC) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 402/08
Date: 2022-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: civil engineering, economic concentration, engineering structure, investment company, merger control








C_2022402EN.01001301.xml










19.10.2022   


EN


Official Journal of the European Union


C 402/13






Prior notification of a concentration
(Case M.10911 – PARTNERS GROUP / KOHLBERG / USIC)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 402/08)

1.   
On 10 October 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:






—


Partners Group AG (‘Partners Group’, Switzerland),










—


Kohlberg & Co., L.L.C. (‘Kohlberg’, USA),




Partners Group and Kohlberg will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Onecall Holdings, Inc. (‘Onecall’, USA).
The concentration is accomplished by way of purchase of shares.


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






—


Partners Group: global private markets investment management company,










—


Kohlberg: private equity management company specialised in investments in middle market companies,










—


Onecall: indirectly wholly-owns USIC Holdings Inc. (‘USIC’), a provider of underground utility damage prevention and utility locating services in the United States and Canada. Onecall is currently solely controlled by Partners Group.






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.10911 – PARTNERS GROUP / KOHLBERG / USIC
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.
Non-opposition to a notified concentration (Case M.10873 – SANLAM / ALLIANZ / SANLAM ALLIANZ AFRICA JV) (Text with EEA relevance) 2022/C 435/03
Date: 2022-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, insurance, joint venture, merger control








C_2022435EN.01000301.xml










16.11.2022   


EN


Official Journal of the European Union


C 435/3






Non-opposition to a notified concentration
(Case M.10873 – SANLAM / ALLIANZ / SANLAM ALLIANZ AFRICA JV)
(Text with EEA relevance)
(2022/C 435/03)
On 19 October 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 32022M10873. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-514/21: Order of the General Court of 19 October 2022 — Associazione ‘Terra Mia Amici No Tap’ v EIB (Action for failure to act — Environment — Financing of the Trans Adriatic Pipeline — Resolution of the Board of Directors of the EIB approving the financing — Article 10 of Regulation (EC) No 1367/2006 — Request for internal review — Answer given after the action was brought — Application for an injunction — Lack of jurisdiction — Plea of inadmissibility — No need to adjudicate)
Date: 2022-10-19
Institutions: General Court
Subjects: EU financing, environmental impact, environmental law, gas pipeline, non-governmental organisation, protected area, protection of animals, trans-European network








C_2022463EN.01004402.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/44






Order of the General Court of 19 October 2022 — Associazione ‘Terra Mia Amici No Tap’ v EIB
(Case T-514/21) (1)

(Action for failure to act - Environment - Financing of the Trans Adriatic Pipeline - Resolution of the Board of Directors of the EIB approving the financing - Article 10 of Regulation (EC) No 1367/2006 - Request for internal review - Answer given after the action was brought - Application for an injunction - Lack of jurisdiction - Plea of inadmissibility - No need to adjudicate)
(2022/C 463/64)
Language of the case: Italian

Parties


Applicant: Associazione ‘Terra Mia Amici No Tap’ (Melendugno, Italy) (represented by: A. Calò, lawyer)

Defendant: European Investment Bank (represented by: T. Gilliams, G. Faedo and K. Carr, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

By its action under Article 265 TFEU, the applicant asks the Court, first, to declare that the European Investment Bank (EIB) acted unlawfully by failing to act on its request for internal review of 19 December 2020 concerning the decision of the EIB of 6 February 2018 on the financing of the gas pipeline project from Greece to Italy through Albania and the Adriatic Sea and the loan agreement signed on 30 November 2018 pursuant to that decision and, second, to order the EIB to withdraw that loan.

Operative part of the order







1.


There is no further need to adjudicate on the first head of claim of the Associazione ‘Terra Mia Amici No TAP’ seeking a declaration that the European Investment Bank (EIB) acted unlawfully by failing to act on its request for internal review of 19 December 2020 concerning the decision of the EIB of 6 February 2018 on the financing of the gas pipeline project from Greece to Italy through Albania and the Adriatic Sea and the loan agreement signed on 30 November 2018 pursuant to that decision.










2.


The action is dismissed as to the remainder.










3.


EIB is ordered to pay its own costs and those incurred by the Associazione ‘Terra Mia Amici No Tap’.






(1)  OJ C 431, 25.10.2021.
Case C-655/22: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 19 October 2022 — I (*) GmbH & Co. KG v Hauptzollamt HZA (*)
Date: 2022-10-19
Institutions: Court of Justice
Subjects: marketing year, principle of legal certainty, sugar, sugar industry, sugar levy




C_2023007EN.01001601.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/16






Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 19 October 2022 —  I (*1) GmbH & Co. KG v Hauptzollamt  HZA (*1)

(Case C-655/22)
(2023/C 7/20)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: I (*1) GmbH & Co. KG

Defendant: Hauptzollamt  HZA (*1)


Questions referred







1.


Is Article 2 of Regulation No 1360/2013 (1) to be interpreted as meaning that a sugar manufacturer should have submitted its claim for repayment of levies unduly paid before 30 September 2014?










2.


If the first question is answered in the negative: In a case such as this (definitively fixed levies applied in breach of EU law, the reimbursement of which was requested only one year after Regulation No 1360/2013 retroactively established a lower coefficient), is the competent authority entitled to refuse to reimburse production levies unduly paid on the basis of national provisions on the force of res judicata, of the time limit for levy assessments under national law and of the principle of legal certainty under EU law?






(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.

(1)  Council Regulation (EU) No 1360/2013 of 2 December 2013 fixing the production levies in the sugar sector for the 2001/2002, 2002/2003, 2003/2004, 2004/2005 and 2005/2006 marketing years, the coefficient required for calculating the additional levy for the 2001/2002 and 2004/2005 marketing years and the amount to be paid by sugar manufacturers to beet sellers in respect of the difference between the maximum levy and the levy to be charged for the 2002/2003, 2003/2004 and 2005/2006 marketing years (OJ 2013, L 343, p. 2).
Case T-242/17 RENV: Judgment of the General Court of 19 October 2022 — SC v Eulex Kosovo (Arbitration clause — Common foreign and security policy — Civil international staff of EU international missions — Consecutive fixed-term employment contracts — Internal competition — Non-renewal of a fixed-term contract — Contractual liability — Non-contractual liability — Action for damages — Jurisdiction of the General Court — Admissibility — Procedure by default)
Date: 2022-10-19
Institutions: General Court
Subjects: EU police mission, Kosovo, competition (EU), damages, public prosecutor's department, servant (EU), temporary employment, termination of employment








C_2022482EN.01001301.xml










19.12.2022   


EN


Official Journal of the European Union


C 482/13






Judgment of the General Court of 19 October 2022 — SC v Eulex Kosovo
(Case T-242/17 RENV) (1)

(Arbitration clause - Common foreign and security policy - Civil international staff of EU international missions - Consecutive fixed-term employment contracts - Internal competition - Non-renewal of a fixed-term contract - Contractual liability - Non-contractual liability - Action for damages - Jurisdiction of the General Court - Admissibility - Procedure by default)
(2022/C 482/18)
Language of the case: English

Parties


Applicant: SC (represented by: A. Kunst, lawyer)

Defendant: Eulex Kosovo (Pristina, Kosovo) (represented by: L.-G. Wigemark, acting as Agent, and by E. Raoult, lawyer)

Re:

By her action based on Articles 272 and 268 TFEU, the applicant asks the General Court, in essence, after finding, first, that Eulex Kosovo had failed to fulfil its contractual and non-contractual obligations and, secondly, that the decision not to accept her application following the internal competition which took place on 19 July 2016 for the post of prosecutor and the decision not to renew her final employment contract which resulted from that decision are unlawful, to order Eulex Kosovo to compensate her for the material and non-material damage she allegedly suffered as a result.

Operative part of the judgment

The Court:






1.


Orders Eulex Kosovo to pay SC compensation in respect of the material damage suffered, equivalent to 19 months’ gross salary, to which the daily subsistence allowance and the salary increase should be added, to correspond to the situation in which the final employment contract was renewed until 14 June 2018, together with compensation for the non-material damage suffered, assessed on ex æquo et bono at EUR 50 000;










2.


Orders Eulex Kosovo to pay the costs relating to the present proceedings and to the proceedings in Case C-730/18 P and Case T-242/17.






(1)  OJ C 231, 17.7.2017.
Case T-347/20: Judgment of the General Court of 19 October 2022 — Sogia Ellas v Commission (State aid — Activities linked to the production, processing and marketing of agricultural products — Aid schemes granted by Greece in the form of interest subsidies and State guarantees on existing and new loans to compensate for damage caused by natural disasters or exceptional occurrences — Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering the recovery of the aid paid — Aid limited to disaster-hit geographical areas — Advantage — Selectivity — Market economy operator principle — Principle of sound administration — Right to be heard — Length of the procedure — Protection of legitimate expectations — Limitation period — Article 17 of Regulation (EU) 2015/1589)
Date: 2022-10-19
Institutions: General Court
Subjects: Greece, State aid, aid to agriculture, aid to undertakings, control of State aid, credit guarantee, fire, interest rate subsidy, limitation of legal proceedings, reimbursement of aid








C_2022482EN.01001701.xml










19.12.2022   


EN


Official Journal of the European Union


C 482/17






Judgment of the General Court of 19 October 2022 — Sogia Ellas v Commission
(Case T-347/20) (1)

(State aid - Activities linked to the production, processing and marketing of agricultural products - Aid schemes granted by Greece in the form of interest subsidies and State guarantees on existing and new loans to compensate for damage caused by natural disasters or exceptional occurrences - Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering the recovery of the aid paid - Aid limited to disaster-hit geographical areas - Advantage - Selectivity - Market economy operator principle - Principle of sound administration - Right to be heard - Length of the procedure - Protection of legitimate expectations - Limitation period - Article 17 of Regulation (EU) 2015/1589)
(2022/C 482/24)
Language of the case: Greek

Parties


Applicant: Sogia Ellas AE (Athens, Greece) (represented by: P. Bernitsas, M. Androulakaki, A. Patsalia and E. Kalogiannis, lawyers)

Defendant: European Commission (represented by: A. Bouchagiar and T. Ramopoulos, acting as Agents)

Intervener in support of the defendant: Myloi Sogias AE (Maroussi, Greece) (represented by: S. Pappas and A. Pappas, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision (EU) 2020/394 of 7 October 2019 concerning the measures SA.39119 (2016/C) (ex 2015/NN) (ex 2014/CP) implemented by the Hellenic Republic in the form of interest subsidies and guarantees linked to the fires of 2007 (the present decision covers only the agricultural sector) (OJ 2020 L 76, p. 4).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Sogia Ellas AE to bear its own costs and to pay those incurred by the European Commission;










3.


Orders Myloi Sogias AE to bear its own costs.






(1)  OJ C 271, 17.8.2020.
Case C-777/21: Order of the Court (Eighth Chamber) of 19 October 2022 (request for a preliminary ruling from the Tribunale di Napoli — Italy) — VB v Comune di Portici (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Road traffic — Registration and taxation of motor vehicles — Vehicle registered in a Member State — Driver residing in the Member State where the vehicle is registered and in another Member State — Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country)
Date: 2022-10-19
Institutions: Court of Justice
Subjects: Italy, freedom to provide services, residence, right of establishment, self-employed person, vehicle registration








C_2023024EN.01001701.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/17






Order of the Court (Eighth Chamber) of 19 October 2022 (request for a preliminary ruling from the Tribunale di Napoli — Italy) — VB v Comune di Portici
(Case C-777/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Article 49 TFEU - Freedom of establishment - Article 56 TFEU - Freedom to provide services - Road traffic - Registration and taxation of motor vehicles - Vehicle registered in a Member State - Driver residing in the Member State where the vehicle is registered and in another Member State - Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country)
(2023/C 24/23)
Language of the case: Italian

Referring court

Tribunale di Napoli

Parties to the main proceedings


Appellant: VB

Respondent: Comune di Portici

Operative part of the order

Article 49 TFEU must be interpreted as precluding national legislation which prohibits a self-employed worker who has resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another Member State where the vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor is, in fact, used in that manner.


(1)  OJ C 148, 4.4.2022.
Case T-466/21: Judgment of the General Court of 19 October 2022 — Baumberger v EUIPO — Nube (Lío) (EU trade mark — Invalidity proceedings — European Union figurative mark Lío — Absolute ground for invalidity — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))
Date: 2022-10-19
Institutions: General Court
Subjects: EU trade mark, clothing, gift item, household article, product design, registered trade mark, smoking, textile product, trade-mark law








C_2022472EN.01003801.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/38






Judgment of the General Court of 19 October 2022 — Baumberger v EUIPO — Nube (Lío)
(Case T-466/21) (1)

(EU trade mark - Invalidity proceedings - European Union figurative mark Lío - Absolute ground for invalidity - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))
(2022/C 472/43)
Language of the case: English

Parties


Applicant: Dino Baumberger (Wesel, Germany) (represented by: J. Fusbahn and D. Dawirs, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Nube, SL (Ibiza, Spain) (represented by: J. Gracia Albero and R. Ahijón Lana, lawyers)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 June 2021 (Case R 1221/2020-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Dino Baumberger to pay the costs.






(1)  OJ C 382, 20.9.2021.
Case T-275/21: Judgment of the General Court of 19 October 2022 — Louis Vuitton Malletier v EUIPO — Wisniewski (Representation of a chequerboard pattern II) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark representing a chequerboard pattern — Absolute ground for invalidity — No distinctive character acquired through use — Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) — Overall assessment of the evidence of distinctive character acquired through use — Geographical scope of the evidence of distinctive character acquired through use — Evidence of use of the mark on the internet — Evidence regarding infringement proceedings)
Date: 2022-10-19
Institutions: General Court
Subjects: EU trade mark, leather, personal effects, registered trade mark, trade-mark law








C_2023007EN.01002701.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/27






Judgment of the General Court of 19 October 2022 — Louis Vuitton Malletier v EUIPO — Wisniewski (Representation of a chequerboard pattern II)
(Case T-275/21) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Figurative mark representing a chequerboard pattern - Absolute ground for invalidity - No distinctive character acquired through use - Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) - Overall assessment of the evidence of distinctive character acquired through use - Geographical scope of the evidence of distinctive character acquired through use - Evidence of use of the mark on the internet - Evidence regarding infringement proceedings)
(2023/C 7/33)
Language of the case: English

Parties


Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, N. Parrotta and P.-Y. Gautier, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Norbert Wisniewski (Warsaw, Poland)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 February 2021 (Case R 1307/2020-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Louis Vuitton Malletier to pay the costs.






(1)  OJ C 263, 5.7.2021.