do-me/EUR-LEX huggingface dataset:
Case T-104/23: Action brought on 21 February 2023 — PAN Europe v Commission
Date: 2023-02-21
Institutions: General Court
Subjects: access to EU information, disclosure of information, environmental protection, provision of documents, right to information








C_2023179EN.01005701.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/57






Action brought on 21 February 2023 — PAN Europe v Commission
(Case T-104/23)
(2023/C 179/82)
Language of the case: English

Parties


Applicant: Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium) (represented by: A. Bailleux, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s decision, dated 12 December 2022 and notified to the applicant on 13 December 2022, to partially reject a confirmatory application lodged in accordance with Article 7(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council; (1)











—


order the Commission to bear the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that the Commission decision breaches:






—


Article 2(1), Article 4(2), second indent, and Article 4(3), second subparagraph, of Regulation No 1049/2001; and










—


Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council. (2)





More specifically, the Commission decision must be annulled to the extent that it refuses access to documents based on an unlawful application of the exceptions relating to the protection of court proceedings [Article 4(2), second indent, of Regulation No 1049/2001] and of the decision- making process [Article 4(3), second subparagraph, of Regulation No 1049/2001].


(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

(2)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).
Notice for the attention of the persons and entities to whom measures provided for in Council Decision 2011/235/CFSP, as implemented by Council Implementing Decision (CFSP) 2023/381 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2023/379 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply 2023/C 64/09
Date: 2023-02-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, Iran, economic sanctions, international sanctions, legal person, natural person








C_2023064EN.01002601.xml










21.2.2023   


EN


Official Journal of the European Union


C 64/26






Notice for the attention of the persons and entities to whom measures provided for in Council Decision 2011/235/CFSP, as implemented by Council Implementing Decision (CFSP) 2023/381 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2023/379 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
(2023/C 64/09)
The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision 2011/235/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2023/381 (2), and in Annex I to Council Regulation (EU) No 359/2011 (3), as implemented by Council Implementing Regulation (EU) 2023/379 (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 entities 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 entities 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 entities concerned may submit a request to the Council before 14 March 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 entities 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 51 I, 20.2.2023, p. 36.

(3)  OJ L 100, 14.4.2011, p. 1.

(4)  OJ L 51 I, 20.2.2023, p. 13.
Case C-98/23 P: Appeal brought on 21 February 2023 by OM against the judgment of the General Court (Fifth Chamber) delivered on 21 December 2022 in Case T-118/22, OM v Commission
Date: 2023-02-21
Institutions: Court of Justice
Subjects: competition (EU), equal treatment, job vacancy, recruitment, regulatory committee (EU), servant (EU), temporary employment








C_202300739EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/739


20.11.2023





Appeal brought on 21 February 2023 by OM against the judgment of the General Court (Fifth Chamber) delivered on 21 December 2022 in Case T-118/22, OM v Commission
(Case C-98/23 P)
(C/2023/739)
Language of the case: French

Parties


Appellant: OM (represented by: G. Paris, avocat)

Other party to the proceedings: European Commission
By order of 5 October 2023, the Court (Eighth Chamber) dismissed the appeal as being, in part, manifestly inadmissible and, in part, manifestly unfounded, and ordered OM to bear his own costs.


ELI: http://data.europa.eu/eli/C/2023/739/oj
ISSN 1977-091X (electronic edition)
Case T-91/23: Action brought on 21 February 2023 — Ofree v EUIPO — Gamigo (gamindo)
Date: 2023-02-21
Institutions: General Court
Subjects: EU trade mark, consultancy, donation, marketing, online game, registered trade mark, software, trade-mark law, voluntary organisation








C_2023121EN.01001701.xml










3.4.2023   


EN


Official Journal of the European Union


C 121/17






Action brought on 21 February 2023 — Ofree v EUIPO — Gamigo (gamindo)
(Case T-91/23)
(2023/C 121/23)
Language in which the application was lodged: Italian

Parties


Applicant: Ofree Srl (Treviso, Italy) (represented by: L. Sergi, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gamigo AG (Hamburg, Germany)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU figurative mark gamindo — Application for registration No 18 105 987

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 January 2023 in Case R 632/2022-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the intervener to pay the costs incurred by the applicant for the purpose of the present proceedings before the Court and for the purpose of the proceedings before the Board of Appeal of EUIPO.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, of Article 41(2)(c) of the Charter of Fundamental Rights of the European Union and of the second paragraph of Article 296 TFEU.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 20 February 2023 2023/C 64/11
Date: 2023-02-21
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023064EN.01002901.xml










21.2.2023   


EN


Official Journal of the European Union


C 64/29






Euro exchange rates (1)

20 February 2023
(2023/C 64/11)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0674 




JPY


Japanese yen


143,09 




DKK


Danish krone


7,4461 




GBP


Pound sterling


0,88738 




SEK


Swedish krona


11,0620 




CHF


Swiss franc


0,9861 




ISK


Iceland króna


154,70 




NOK


Norwegian krone


10,9683 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,693 




HUF


Hungarian forint


382,83 




PLN


Polish zloty


4,7435 




RON


Romanian leu


4,9180 




TRY


Turkish lira


20,1379 




AUD


Australian dollar


1,5456 




CAD


Canadian dollar


1,4367 




HKD


Hong Kong dollar


8,3623 




NZD


New Zealand dollar


1,7087 




SGD


Singapore dollar


1,4259 




KRW


South Korean won


1 384,38 




ZAR


South African rand


19,3471 




CNY


Chinese yuan renminbi


7,3191 




IDR


Indonesian rupiah


16 178,69 




MYR


Malaysian ringgit


4,7291 




PHP


Philippine peso


58,675 




RUB


Russian rouble


 




THB


Thai baht


36,708 




BRL


Brazilian real


5,5162 




MXN


Mexican peso


19,6555 




INR


Indian rupee


88,3060 






(1)  Source: reference exchange rate published by the ECB.
Case T-92/23: Action brought on 21 February 2023 — Timothy Jacob Jensen Studios v EUIPO (DESIGNERS TRUST)
Date: 2023-02-21
Institutions: General Court
Subjects: EU trade mark, advertising, business management, data processing, product design, registered trade mark, trade-mark law








C_2023121EN.01001702.xml










3.4.2023   


EN


Official Journal of the European Union


C 121/17






Action brought on 21 February 2023 — Timothy Jacob Jensen Studios v EUIPO (DESIGNERS TRUST)
(Case T-92/23)
(2023/C 121/24)
Language of the case: English

Parties


Applicant: Timothy Jacob Jensen Studios A/S (Højslev, Denmark) (represented by: J. Løje, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: International registration designating the European Union in respect of the mark DESIGNERS TRUST — Application for registration No 1 626 949

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 November 2022 in Case R 1149/2022-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Non-opposition to a notified concentration (Case M.11013 – CINVEN VII / OTPP / GROUP.ONE / DOGADO) (Text with EEA relevance) 2023/C 72/01
Date: 2023-02-21
Institutions: Directorate-General for Competition, European Commission
Subjects: Internet, consultancy, economic concentration, investment company, merger control, on line data service, pension scheme








C_2023072EN.01000101.xml










28.2.2023   


EN


Official Journal of the European Union


C 72/1






Non-opposition to a notified concentration
(Case M.11013 – CINVEN VII / OTPP / GROUP.ONE / DOGADO)
(Text with EEA relevance)
(2023/C 72/01)
On 21 February 2023, 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 32023M11013. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.11007 – REGAL REXNORD / ALTRA) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 64/14
Date: 2023-02-21
Institutions: Directorate-General for Competition, European Commission
Subjects: driving mechanism, economic concentration, electric machinery, engine, mechanical equipment, merger control








C_2023064EN.01004901.xml










21.2.2023   


EN


Official Journal of the European Union


C 64/49






Prior notification of a concentration
(Case M.11007 – REGAL REXNORD / ALTRA)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 64/14)

1.   
On 10 February 2023, 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:






—


Regal Rexnord Corporation (‘Regal Rexnord’, US),










—


Altra Industrial Motion Corp (‘Altra’, US),




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


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






—


Regal Rexnord Regal Rexnord supplies industrial powertrain solutions, power transmission components, electric motors and electronic controls, air moving products, and specialty components and systems,










—


Altra Industrial Motion supplies of power transmission and motion control solutions.






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.11007 – REGAL REXNORD / ALTRA
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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.
Case T-93/23: Action brought on 21 February 2023 — Court of Auditors v Allianz Insurance Luxembourg
Date: 2023-02-21
Institutions: General Court
Subjects: civil liability, damages, defective product, insurance claim, maintenance, public building, third-party insurance








C_2023127EN.01005601.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/56






Action brought on 21 February 2023 — Court of Auditors v Allianz Insurance Luxembourg
(Case T-93/23)
(2023/C 127/68)
Language of the case: French

Parties


Applicant: Court of Auditors of the European Union (represented by: C. Lange-Tramoni, K. Kantza and B. Schäfer, acting as Agents)

Defendant: Allianz Insurance Luxembourg (Luxembourg, Luxembourg)

Form of order sought

The applicant claims that the Court should:






—


declare that the claims relating to the cracked and damaged glazing and the detachment of the plaster from the foundation wall of the K3 Building of the Court of Auditors fall within the scope of the 10-year and 2-year civil liability insurance contract;










—


order the defendant to reimburse the costs and expenses relating to the claims, currently calculated at EUR 90 145 for the glazing and EUR 89 809,55 in respect of the foundation wall, EUR 179 954,55 altogether, plus the statutory interest from the service of this application on the defendant;










—


declare that the defendant breached its contractual obligations under the 10-year and 2-year civil liability insurance contract;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law based on its right to claim payment for the incidents of damage established after the completion of the K3 Building, by the defendant, in its capacity as insurer, under the 10-year and 2-year civil liability insurance contract. In that regard, it submits, in so far as concerns the two claims, that under the terms of that contract, the defendant must bear all the costs incurred by it in that context, and the costs necessary for the related repairs.
In relation to the claim concerning the glazing, the applicant maintains that it is covered by the guarantee under the 10-year and 2-year civil liability insurance contract as hidden defects concerning structural work and that the alleged distinction drawn by the defendant between, on the one hand, the design and/or production defects in the glazing manufacturing process and, on the other hand, construction defects, is irrelevant.
As regards the claim concerning the basement wall, the applicant submits that the exclusion clause relied on by the defendant with regard to the damage resulting from the non-performance or partial performance of contractual obligations is not applicable to completed works and that the fact that the damage can be repaired is not such as to call that conclusion into question.