do-me/EUR-LEX huggingface dataset:
Case T-18/22: Judgment of the General Court of 14 December 2022 — Nemport Liman İşletmeleri Ve Özel Antrepo Nakliye Ticaret AŞ v EUIPO — Newport Europe (NEMPORT LİMAN İŞLETMELERİ) (EU trade mark — Opposition proceedings — Application for EU figurative mark NEMPORT LİMAN İŞLETMELERİ — Earlier EU word mark Newport — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2022-12-14
Institutions: General Court
Subjects: EU trade mark, carriage of goods, logistics, packaging, registered trade mark, storage, trade-mark law, transport company, travel, vehicle rental








C_2023063EN.01004401.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/44






Judgment of the General Court of 14 December 2022 — Nemport Liman İşletmeleri Ve Özel Antrepo Nakliye Ticaret AŞ v EUIPO — Newport Europe (NEMPORT LİMAN İŞLETMELERİ)
(Case T-18/22) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark NEMPORT LİMAN İŞLETMELERİ - Earlier EU word mark Newport - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2023/C 63/55)
Language of the case: English

Parties


Applicant: Nemport Liman İşletmeleri Ve Özel Antrepo Nakliye Ticaret AŞ (Izmir, Türkiye) (represented by: V. Martín Santos, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Newport Europe BV (Moerdijk, Netherlands)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 November 2021 (Case R 562/2021-4).

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 11 November 2021 (Case R 562/2021-4);










2.


Orders EUIPO to pay the costs.






(1)  OJ C 84, 21.2.2022.
Case T-553/21: Judgment of the General Court of 14 December 2022 — Agrarfrost v EUIPO — McCain (Shape of a smiley) (EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a smiley — Genuine use of the mark — Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 — Nature of use — No alteration of distinctive character)
Date: 2022-12-14
Institutions: General Court
Subjects: EU trade mark, deep-frozen product, potato, prepared foodstuff, registered trade mark, trade-mark law








C_2023063EN.01004202.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/42






Judgment of the General Court of 14 December 2022 — Agrarfrost v EUIPO — McCain (Shape of a smiley)
(Case T-553/21) (1)

(EU trade mark - Revocation proceedings - Three-dimensional EU trade mark - Shape of a smiley - Genuine use of the mark - Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 - Nature of use - No alteration of distinctive character)
(2023/C 63/53)
Language of the case: German

Parties


Applicant: Agrarfrost GmbH & Co. KG (Wildeshausen, Germany) (represented by: A. Ebert-Weidenfeller and H. Förster, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Nicolás Gómez and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: McCain GmbH (Eschborn, Germany) (represented by: C. Schmitt and M. Kinkeldey, lawyers)

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 28 June 2021 (Case R 1088/2020-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Agrarfrost GmbH & Co. KG to pay the costs.






(1)  OJ C 422, 18.10.2021.
Non-opposition to a notified concentration (Case M.10932 – ZF / HELLA / NGK / CLARIOS / AHEAD JV) (Text with EEA relevance) 2022/C 485/03
Date: 2022-12-14
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electricity storage device, engine, general mechanical engineering, merger control, motor vehicle, motor vehicle industry, supplier, technology, vehicle parts








C_2022485EN.01009201.xml










21.12.2022   


EN


Official Journal of the European Union


C 485/92






Non-opposition to a notified concentration
(Case M.10932 – ZF / HELLA / NGK / CLARIOS / AHEAD JV)
(Text with EEA relevance)
(2022/C 485/03)
On 14 December 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 32022M10932. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-586/14 RENV II: Judgment of the General Court of 14 December 2022 — Xinyi PV Products (Anhui) Holdings v Commission (Dumping — Imports of solar glass originating in China — Article 2(8) to (10) and Articles 19 and 20 of Regulation (EC) No 1225/2009 (now Article 2(8) to (10) and Articles 19 and 20 of Regulation (EU) 2016/1036) — Right to access confidential documents — Manifest error of assessment — Rights of the defence)
Date: 2022-12-14
Institutions: General Court
Subjects: China, anti-dumping duty, confidentiality, glass, import (EU), originating product, rights of the defence, solar collector








C_2023063EN.01003001.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/30






Judgment of the General Court of 14 December 2022 — Xinyi PV Products (Anhui) Holdings v Commission
(Case T-586/14 RENV II) (1)

(Dumping - Imports of solar glass originating in China - Article 2(8) to (10) and Articles 19 and 20 of Regulation (EC) No 1225/2009 (now Article 2(8) to (10) and Articles 19 and 20 of Regulation (EU) 2016/1036) - Right to access confidential documents - Manifest error of assessment - Rights of the defence)
(2023/C 63/36)
Language of the case: English

Parties


Applicant: Xinyi PV Products (Anhui) Holdings Ltd (Anhui, China) (represented by: Y. Melin and B. Vigneron, lawyers)

Defendant: European Commission (represented by: L. Flynn and T. Maxian Rusche, acting as Agents)

Intervener in support of the defendant: GMB Glasmanufaktur Brandenburg GmbH (Tschernitz, Germany) (represented by: R. MacLean, Solicitor)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China (OJ 2014 L 142, p. 1, corrigendum OJ 2014 L 253, p. 4).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Xinyi PV Products (Anhui) Holdings Ltd to bear its own costs and to pay those incurred by the European Commission;










3.


Orders GMB Glasmanufaktur Brandenburg GmbH to bear its own costs.






(1)  OJ C 372, 20.10.2014.
Case T-717/21: Order of the General Court of 14 December 2022 — ICA Traffic v Commission (Action for annulment — Public procurement — Negotiated procedure without prior publication of a contract notice — Supply of disinfection robots to European hospitals in the context of the COVID-19 crisis — Maximum quantity of goods to be supplied under a framework contract — Act forming part of a purely contractual framework — Act not amenable to review — Inadmissibility)
Date: 2022-12-14
Institutions: General Court
Subjects: coronavirus disease, decontamination, epidemic, public procurement, robotics, robotisation, supplies contract








C_2023063EN.01004901.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/49






Order of the General Court of 14 December 2022 — ICA Traffic v Commission
(Case T-717/21) (1)

(Action for annulment - Public procurement - Negotiated procedure without prior publication of a contract notice - Supply of disinfection robots to European hospitals in the context of the COVID-19 crisis - Maximum quantity of goods to be supplied under a framework contract - Act forming part of a purely contractual framework - Act not amenable to review - Inadmissibility)
(2023/C 63/63)
Language of the case: German

Parties


Applicant: ICA Traffic GmbH (Dortmund, Germany) (represented by: S. Hertwig and C. Vogt, lawyers)

Defendant: European Commission (represented by: L. Mantl, B. Araujo Arce and M. Ilkova, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the alleged decision of the Commission, made public in a press release of 21 September 2021, to order an additional 105 UV-disinfection robots for European hospitals (COVID-19).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


ICA Traffic GmbH shall pay the costs, including those of the interim proceedings.






(1)  OJ C 2, 3.1.2022.
Non-opposition to a notified concentration (Case M.10940 – CPPIB / MONTAGU / UNIVERSAL INVESTMENT / JV) (Text with EEA relevance) 2023/C 20/02
Date: 2022-12-14
Institutions: Directorate-General for Competition, European Commission
Subjects: Canada, Germany, United Kingdom, economic concentration, investment, investment company, merger control, pension scheme, provision of services








C_2023020EN.01001201.xml










20.1.2023   


EN


Official Journal of the European Union


C 20/12






Non-opposition to a notified concentration
(Case M.10940 – CPPIB / MONTAGU / UNIVERSAL INVESTMENT / JV)
(Text with EEA relevance)
(2023/C 20/02)
On 14 December 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 32022M10940. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Opinion of the European Economic and Social Committee on ‘Proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Area covered under the Southern Indian Ocean Fisheries Agreement (SIOFA)’ (COM(2022) 563 final — 2022/348 (COD))
Date: 2022-12-14
Institutions: European Economic and Social Committee
Subjects: Indian Ocean, conservation of fish stocks, fishing agreement, fishing area, fishing controls, fishing rights, multilateral agreement, sea fish, sea fishing








C_2023100EN.01014601.xml










16.3.2023   


EN


Official Journal of the European Union


C 100/146






Opinion of the European Economic and Social Committee on ‘Proposal for a regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Area covered under the Southern Indian Ocean Fisheries Agreement (SIOFA)’
(COM(2022) 563 final — 2022/348 (COD))
(2023/C 100/23)






Referral


European Parliament, 9.11.2022




 


Council, 10.11.2022




Legal basis


Articles 43(2) and 304 of the Treaty on the Functioning of the European Union




Section responsible


Section for Agriculture, Rural Development and the Environment




Adopted at plenary


14.12.2022




Plenary session No


574




Outcome of vote
(for/against/abstentions)


202/0/3




Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided to issue an opinion endorsing the proposed text.

Brussels, 14 December 2022.


The President of the European Economic and Social Committee

Christa SCHWENG
Case C-782/22: Request for a preliminary ruling from the Gerechtshof’s-Hertogenbosch (Netherlands) lodged on 14 December 2022 — XX v Inspecteur van de Belastingdienst
Date: 2022-12-14
Institutions: Court of Justice
Subjects: Netherlands, corporation tax, equal treatment, free movement of capital, investment, nationality of legal persons, share, stock-exchange listing, tax on investment income, tax rebate








C_2023155EN.01002601.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/26






Request for a preliminary ruling from the Gerechtshof’s-Hertogenbosch (Netherlands) lodged on 14 December 2022 — XX v Inspecteur van de Belastingdienst
(Case C-782/22)
(2023/C 155/31)
Language of the case: Dutch

Referring court

Gerechtshof’s-Hertogenbosch

Parties to the main proceedings


Appellant: XX

Respondent: Inspecteur van de Belastingdienst

Question referred

Does Article 63(1) TFEU preclude legislation such as that at issue, according to which dividends paid by listed and unlisted companies established in the Netherlands to a company established in another Member State that has invested, inter alia, in shares in those listed and unlisted companies to cover future payment obligations are subject to withholding tax at the rate of 15 % on the gross amount of those dividend payments, whereas the tax burden on dividend payments to a company established in the Netherlands in otherwise similar circumstances would be nil, because the calculation of the basis of assessment for the tax on profits to which that company would be subject takes into account the costs that are incurred as a result of an increase in the future payment obligations of the company, which increase corresponds almost entirely to a (positive) change in the value of the investments, even though the receipt of dividends does not as such lead to a change in the value of those obligations?
Special report 27/2022:‘EU support to cross-border cooperation with neighbouring countries – Valuable support, but implementation started very late and problems with coordination need to be addressed’ 2022/C 474/13
Date: 2022-12-14
Institutions: European Court of Auditors
Subjects: European Neighbourhood and Partnership Instrument, European neighbourhood policy, co-financing, cross-border cooperation, distribution of EU funding, operational programme, regional cooperation, regional development, third country








C_2022474EN.01005201.xml










14.12.2022   


EN


Official Journal of the European Union


C 474/52






Special report 27/2022:‘EU support to cross-border cooperation with neighbouring countries – Valuable support, but implementation started very late and problems with coordination need to be addressed’
(2022/C 474/13)
The European Court of Auditors has published its special report 27/2022: ‘EU support to cross-border cooperation with neighbouring countries – Valuable support, but implementation started very late and problems with coordination need to be addressed’.
The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=62741
Opinion of the European Economic and Social Committee on ‘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) 539 final — 2022/0331 (CNS))
Date: 2022-12-14
Institutions: European Economic and Social Committee
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_2023100EN.01014501.xml










16.3.2023   


EN


Official Journal of the European Union


C 100/145






Opinion of the European Economic and Social Committee on ‘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) 539 final — 2022/0331 (CNS))
(2023/C 100/22)






Referral


Council of the European Union, 27.10.2022




Legal basis


Articles 113 and 304 of the Treaty on the Functioning of the European Union




Section responsible


Economic and Monetary Union and Economic and Social Cohesion




Adopted at plenary


14.12.2022




Plenary session No


574




Outcome of vote
(for/against/abstentions)


209/0/3




Since the Committee endorses the content of 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 (1) and feels that it requires no comment on its part, it decided, at its 574th plenary session of 14 and 15 December 2022, (meeting of 14 December 2022), by 209 votes with 3 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 December 2022.


The President of the European Economic and Social Committee

Christa SCHWENG




(1)  COM(2022) 539 final.
Case T-530/21: Judgment of the General Court of 14 December 2022 — Pierre Lannier v EUIPO — Pierre Lang Trading (PL) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing the superposed capital letters ‘P’ and ‘L’ — Earlier EU figurative mark representing a mirror image combination of the superposed capital letters ‘P’ and ‘L’ — Admissibility of the appeal before the Board of Appeal — Locus standi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2022-12-14
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, registered trade mark, trade-mark law








C_2023063EN.01004201.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/42






Judgment of the General Court of 14 December 2022 — Pierre Lannier v EUIPO — Pierre Lang Trading (PL)
(Case T-530/21) (1)

(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing the superposed capital letters ‘P’ and ‘L’ - Earlier EU figurative mark representing a mirror image combination of the superposed capital letters ‘P’ and ‘L’ - Admissibility of the appeal before the Board of Appeal - Locus standi - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2023/C 63/52)
Language of the case: English

Parties


Applicant: Pierre Lannier (Ernolsheim-lès-Saverne, France) (represented by: N. Boespflug, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pierre Lang Trading GmbH (Vienna, Austria) (represented by: A. Ginzburg, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 June 2021 (Case R 1915/2020-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Pierre Lannier to pay the costs.






(1)  OJ C 422, 18.10.2021.
Case T-753/20: Judgment of the General Court of 14 December 2022 — Green Power Technologies v Commission (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement — Eligible costs — OLAF report finding certain expenses incurred to be ineligible — Repayment of sums paid — Burden of proof — Regulation (EU, Euratom) No 883/2013 — Obligation to state reasons — Unjust enrichment — Action for annulment — OLAF report — Act not open to challenge — Inadmissibility)
Date: 2022-12-14
Institutions: General Court
Subjects: European Anti-fraud Office, Framework Programme for Research and Development, claim, damages, debt, eligibility criteria, fundamental rights, research and development, right to justice, technology








C_2023063EN.01003601.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/36






Judgment of the General Court of 14 December 2022 — Green Power Technologies v Commission
(Case T-753/20) (1)

(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Grant agreement - Eligible costs - OLAF report finding certain expenses incurred to be ineligible - Repayment of sums paid - Burden of proof - Regulation (EU, Euratom) No 883/2013 - Obligation to state reasons - Unjust enrichment - Action for annulment - OLAF report - Act not open to challenge - Inadmissibility)
(2023/C 63/44)
Language of the case: Spanish

Parties


Applicant: Green Power Technologies, SL (Bollullos de la Mitación, Spain) (represented by: A. León González and A. Martínez Solís, lawyers)

Defendant: European Commission (represented by: B. Araujo Arce and J. Estrada de Solà, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz and Á. Ballesteros Panizo, acting as Agents)

Re:

By its action, the applicant seeks, first, on the basis of Article 263 TFEU, annulment of the report of the European Anti-Fraud Office (OLAF) of 9 July 2018 reference number B.4(2017)4393 and, secondly, on the basis of Article 272 TFEU, that it be held (i) that the amounts advanced by the European Commission under grant contract No 2567509, concluded under the Seventh framework programme for research, technological development and demonstration activities (2007-2013), with a view to financing several related projects, including, in particular, the Powair project, relating to the development of ‘Zinc-air flow batteries for electrical power distribution networks’, the recovery of which was requested by the issue of debit note No 3242010798, related to eligible costs and (ii) that the amounts claimed by the Commission by the issue of debit note No 3242010800, relating to penalties for late payment, were not repayable.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Green Power Technologies, SL to bear its own costs and to pay the costs incurred by the European Commission;










3.


Orders the Kingdom of Spain to bear its own costs.






(1)  OJ C 53, 15.2.2021.