do-me/EUR-LEX huggingface dataset:
Case T-780/22: Action brought on 13 December 2022 — TUI Holding v EUIPO — inCruises International (INCRUISES)
Date: 2022-12-13
Institutions: General Court
Subjects: EU trade mark, discount sale, provision of services, registered trade mark, trade-mark law, travel agency








C_2023045EN.01002801.xml










6.2.2023   


EN


Official Journal of the European Union


C 45/28






Action brought on 13 December 2022 — TUI Holding v EUIPO — inCruises International (INCRUISES)
(Case T-780/22)
(2023/C 45/36)
Language in which the application was lodged: English

Parties


Applicant: TUI Holding Spain, SLU (Palma de Mallorca, Spain) (represented by: H. Fangmann, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: inCruises International LLC (San Juan, Puerto Rico, United States)

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 INCRUISES — Application for registration No 18 034 630

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 21 September 2022 in Case R 1081/2021-2

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 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 33(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-782/22: Action brought on 13 December 2022 — Cogebi and Cogebi v Council
Date: 2022-12-13
Institutions: General Court
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, principle of proportionality, right to justice, territorial dispute, trade restriction








C_2023035EN.01008002.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/80






Action brought on 13 December 2022 — Cogebi and Cogebi v Council
(Case T-782/22)
(2023/C 35/101)
Language of the case: English

Parties


Applicants: Cogebi (Brussels, Belgium), Cogebi, a.s. (Tábor, Czech Republic) (represented by: H. over de Linden, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicants claim that the Court should:






—


annul Article 3 (i) of the Council Regulation (EU) No 833/2014 of 31 July 2014 (1), as amended by the Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (2), in so far it concerns inclusion in the list of goods and technology referred to in Article 3 (i) of the Council Regulation (EU) 2022/1904 (Annex XXI) of the CN code 6814;










—


order the Council bear the costs of this procedure.





Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.






1.


First plea in law alleging infringement of an essential procedural requirement -requirement to state reasons.










2.


Second plea in law alleging manifest error of assessment.










3.


Third plea in law alleging infringement of the principle of proportionality.










4.


Fourth plea in law alleging infringement of freedom to conduct a business, as referred to in Article 16 of the Charter of Fundamental Rights of the European Union.










5.


Fifth plea in law alleging infringement of the right to good administration, as referred to in Article 41 of the Charter of Fundamental Rights of the European Union, and infringement of the right of effective remedy and to a fair trial laid down in Article 47 of the Charter.






(1)  OJ 2014, L 229, p. 1.

(2)  OJ 2022, L 259 I, p. 3.
Case T-779/22: Action brought on 13 December 2022 — Transport Werk v EUIPO — Haus & Grund Deutschland (Haus & Grund)
Date: 2022-12-13
Institutions: General Court
Subjects: EU trade mark, advertising, consultancy, legal aid, printing, real estate business, registered trade mark, software, trade-mark law








C_2023045EN.01002602.xml










6.2.2023   


EN


Official Journal of the European Union


C 45/26






Action brought on 13 December 2022 — Transport Werk v EUIPO — Haus & Grund Deutschland (Haus & Grund)
(Case T-779/22)
(2023/C 45/35)
Language in which the application was lodged: German

Parties


Applicant: Transport Werk GmbH (Offenbach am Main, Germany) (represented by: D. Donath, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Haus & Grund Deutschland Zentralverband der Deutschen Haus-, Wohnungs- und Grundeigentümer e.V. (Berlin, Germany)

Details of the proceedings before EUIPO


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

Trade mark at issue: EU word mark Haus & Grund — EU trade mark No 7 161 052

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 October 2022 in Case R 84/2022-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to cancel EU word mark No 7 161 052 ‘Haus & Grund’ from the EU trade mark register for all goods and services in Classes 9, 16, 35, 36, 38, 42 and 45, namely:




Class 9: Data carriers; computer software for the buying, selling, administration, rental, construction and management of buildings, installations and facilities;
Class 16: Printed matter;
Class 35: Advertising; business management services; business administration; business consultancy and advisory services; office functions; research, collation and systematic compilation of news, including court judgements and decisions and regulations of all kinds;
Class 36: Real estate affairs; expert opinions in connection with insurance, financial affairs, real estate affairs and monetary affairs;
Class 38: News agencies, including court judgements and decisions and regulations of all kinds;
Class 42: Expert technical opinions; technical consultancy; creation of computer software for the buying, selling, rental, construction, administration and management of buildings, installations and equipment; creation of computer software to optimise the operation, cost-effectiveness, utilisation, marketing and value retention of property and equipment;
Class 45: Legal services;






—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 59(1)(a), read in conjunction with Article 7(1)(c), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 59(1)(a), read in conjunction with Article 7(1)(b), of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Commission Implementing Regulation (EU) 2022/2500 of 13 December 2022 entering a name in the register of protected designations of origin and protected geographical indications (‘Keleméri bárányhús’ (PGI))
Date: 2022-12-13
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Hungary, Northern Hungary, designation of origin, fresh meat, labelling, product designation, sheepmeat








L_2022325EN.01005201.xml










20.12.2022   


EN


Official Journal of the European Union


L 325/52








            COMMISSION IMPLEMENTING REGULATION (EU) 2022/2500
of 13 December 2022
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Keleméri bárányhús’ (PGI))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Hungary’s application to register the name ‘Keleméri bárányhús’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Keleméri bárányhús’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Keleméri bárányhús’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2022.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 315, 19.8.2022, p. 21.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
European Parliament legislative resolution of 13 December 2022 on the proposal for a Council regulation amending Regulation (EU) No 389/2012 as regards the exchange of information maintained in the electronic registers concerning economic operators who move excise goods between Member States for commercial purposes (COM(2022)0539 — C9-0367/2022 — 2022/0331(CNS))
Date: 2022-12-13
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: European tax cooperation, administrative cooperation, carriage of goods, data processing, exchange of information, excise duty, goods and services, information system, intra-EU transport, tax relief








C_2023177EN.01014202.xml










17.5.2023   


EN


Official Journal of the European Union


C 177/142






P9_TA(2022)0431
Administrative cooperation in the field of excise duties
European Parliament legislative resolution of 13 December 2022 on the proposal for a Council regulation amending Regulation (EU) No 389/2012 as regards the exchange of information maintained in the electronic registers concerning economic operators who move excise goods between Member States for commercial purposes (COM(2022)0539 — C9-0367/2022 — 2022/0331(CNS))
(Special legislative procedure — consultation)
(2023/C 177/20)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2022)0539),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0367/2022),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0276/2022),












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.
P9_TA(2022)0430 Civil aviation: repealing Council Directive 89/629/EEC European Parliament legislative resolution of 13 December 2022 on the proposal for a decision of the European Parliament and of the Council repealing Council Directive 89/629/EEC (COM(2022)0465 — C9-0310/2022 — 2022/0282(COD)) P9_TC1-COD(2022)0282 Position of the European Parliament adopted at first reading on 13 December 2022 with a view to the adoption of Decision (EU) 2023/… of the European Parliament and of the Council repealing Council Directive 89/629/EEC
Date: 2022-12-13
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: aircraft, civil aviation, noise pollution, noise protection








C_2023177EN.01014102.xml










17.5.2023   


EN


Official Journal of the European Union


C 177/141






P9_TA(2022)0430
Civil aviation: repealing Council Directive 89/629/EEC
European Parliament legislative resolution of 13 December 2022 on the proposal for a decision of the European Parliament and of the Council repealing Council Directive 89/629/EEC (COM(2022)0465 — C9-0310/2022 — 2022/0282(COD))
(Ordinary legislative procedure: first reading)
(2023/C 177/19)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2022)0465),










—


having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0310/2022),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 26 October 2022 (1),










—


after consulting the Committee of the Regions,










—


having regard to the undertaking given by the Council representative by letter of 7 December 2022 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Transport and Tourism (A9-0287/2022),





1.   

Adopts its position at first reading hereinafter set out;



2.   

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;



3.   

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




(1)  Not yet published in the Official Journal.




P9_TC1-COD(2022)0282
Position of the European Parliament adopted at first reading on 13 December 2022 with a view to the adoption of Decision (EU) 2023/… of the European Parliament and of the Council repealing Council Directive 89/629/EEC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2023/145.)
Euro exchange rates (Source: reference exchange rate published by the ECB.) 12 December 2022 2022/C 473/07
Date: 2022-12-13
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022473EN.01001801.xml










13.12.2022   


EN


Official Journal of the European Union


C 473/18






Euro exchange rates (1)

12 December 2022
(2022/C 473/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0562 




JPY


Japanese yen


144,86 




DKK


Danish krone


7,4379 




GBP


Pound sterling


0,86006 




SEK


Swedish krona


10,9075 




CHF


Swiss franc


0,9855 




ISK


Iceland króna


150,70 




NOK


Norwegian krone


10,5548 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,307 




HUF


Hungarian forint


416,78 




PLN


Polish zloty


4,6923 




RON


Romanian leu


4,9318 




TRY


Turkish lira


19,6913 




AUD


Australian dollar


1,5625 




CAD


Canadian dollar


1,4428 




HKD


Hong Kong dollar


8,2103 




NZD


New Zealand dollar


1,6523 




SGD


Singapore dollar


1,4284 




KRW


South Korean won


1 377,93 




ZAR


South African rand


18,4697 




CNY


Chinese yuan renminbi


7,3670 




HRK


Croatian kuna


7,5540 




IDR


Indonesian rupiah


16 524,63 




MYR


Malaysian ringgit


4,6652 




PHP


Philippine peso


58,788 




RUB


Russian rouble


 




THB


Thai baht


36,708 




BRL


Brazilian real


5,5560 




MXN


Mexican peso


20,9047 




INR


Indian rupee


87,2530 






(1)  Source: reference exchange rate published by the ECB.
Notice for the attention of the persons and entity to whom measures provided for in Council Decision 2011/235/CFSP, as implemented by Council Implementing Decision (CFSP) 2022/2433 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2022/2428 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply 2022/C 473/02
Date: 2022-12-13
Institutions: Council of the European Union
Subjects: EU restrictive measure, Iran, economic sanctions, international sanctions, legal person, natural person








C_2022473EN.01001101.xml










13.12.2022   


EN


Official Journal of the European Union


C 473/11






Notice for the attention of the persons and entity to whom measures provided for in Council Decision 2011/235/CFSP, as implemented by Council Implementing Decision (CFSP) 2022/2433 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2022/2428 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
(2022/C 473/02)
The following information is brought to the attention of the persons and entity that appear in the Annex to Council Decision 2011/235/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2022/2433 (2), and in Annex I to Council Regulation (EU) No 359/2011 (3), as implemented by Council Implementing Regulation (EU) 2022/2428 (4) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran.
The Council of the European Union has decided that those persons and entity should be included on the list of persons and entities subject to restrictive measures provided for in Decision 2011/235/CFSP and in Regulation (EU) No 359/2011.
The attention of the persons and entity concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 359/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons and entity concerned may submit a request to the Council before 15 January 2023, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:





Council of the European Union




General Secretariat




RELEX.1




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
The attention of the persons and entity concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 100, 14.4.2011, p. 51.

(2)  OJ L 318 I, 12.12.2022, p. 35.

(3)  OJ L 100, 14.4.2011, p. 1.

(4)  OJ L 318 I, 12.12.2022, p. 1
European Parliament legislative resolution of 13 December 2022 on the proposal for a Council regulation on the application of Articles 93, 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of State aid in the rail, inland waterway and multimodal transport sector (COM(2022)0327 — C9-0290/2022 — 2022/0209(NLE))
Date: 2022-12-13
Institutions: Committee on Economic and Monetary Affairs, Committee on Transport and Tourism, European Parliament
Subjects: State aid, aid to undertakings, combined transport, control of State aid, inland waterway transport, organisation of transport, rail transport, services of general interest








C_2023177EN.01014301.xml










17.5.2023   


EN


Official Journal of the European Union


C 177/143






P9_TA(2022)0432
Application of Articles 93, 107 and 108 of the TFEU to certain categories of State aid in the rail, inland waterway and multimodal transport sector
European Parliament legislative resolution of 13 December 2022 on the proposal for a Council regulation on the application of Articles 93, 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of State aid in the rail, inland waterway and multimodal transport sector (COM(2022)0327 — C9-0290/2022 — 2022/0209(NLE))
(Consultation)
(2023/C 177/21)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2022)0327),










—


having regard to Article 109 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0290/2022),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0285/2022),












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 and the Commission.
Council Decision (EU) 2022/2493 of 13 December 2022 appointing a member of the Court of Auditors
Date: 2022-12-13
Institutions: Council of the European Union
Subjects: Estonia, appointment of members, member of the Court of Auditors (EU)








L_2022323EN.01009801.xml










19.12.2022   


EN


Official Journal of the European Union


L 323/98








            COUNCIL DECISION (EU) 2022/2493
of 13 December 2022
         
appointing a member of the Court of Auditors


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the proposal by the Republic of Estonia,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


The term of office of Mr Juhan PARTS expires on 31 December 2022.












(2)


A member should therefore be appointed to the Court of Auditors,





HAS ADOPTED THIS DECISION:



Article 1
Ms Keit PENTUS-ROSIMANNUS is hereby appointed member of the Court of Auditors for the period from 1 January 2023 to 31 December 2028.


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




Done at Brussels, 13 December 2022.


For the Council


The President

M. BEK
            





(1)  Opinion of 22 November 2022 (not yet published in the Official Journal).