do-me/EUR-LEX huggingface dataset:
Case T-759/21: Judgment of the General Court of 8 March 2023 — Société des produits Nestlé v EUIPO — The a2 Milk Company (A 2) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark A 2 — Earlier international registration — Figurative mark THE a2 MILK COMPANY THE a2 MILK COMPANY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2023-03-08
Institutions: General Court
Subjects: EU trade mark, baby food, cereal product, dietary product, food substitute, food supplement, foodstuff, milk product, registered trade mark, trade-mark law








C_2023155EN.01005101.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/51






Judgment of the General Court of 8 March 2023 — Société des produits Nestlé v EUIPO — The a2 Milk Company (A 2)
(Case T-759/21) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark A 2 - Earlier international registration - Figurative mark THE a2 MILK COMPANY THE a2 MILK COMPANY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2023/C 155/64)
Language of the case: English

Parties


Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz and J. Thomsen, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: The a2 Milk Company Ltd (Auckland, New Zealand) (represented by: M. Hawkins, T. Dolde and C. Zimmer, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 October 2021 (Case R 2447/2020-4).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Société des produits Nestlé SA to pay the costs.






(1)  OJ C 37, 24.1.2022.
Case T-94/22: Judgment of the General Court of 8 March 2023 — Mutondo v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
Date: 2023-03-08
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, freezing of assets, international sanctions, natural person, proof








C_2023164EN.01003702.xml










8.5.2023   


EN


Official Journal of the European Union


C 164/37






Judgment of the General Court of 8 March 2023 — Mutondo v Council
(Case T-94/22) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
(2023/C 164/51)
Language of the case: French

Parties


Applicant: Kalev Mutondo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and M.-C. Cadilhac, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2021 L 443, p. 75) and, second, of Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2021 L 443, p. 3), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo and, Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo, in so far as those acts concern Mr Kalev Mutondo.










2.


Orders the Council of the European Union to pay the costs.






(1)  OJ C 148, 4.4.2022.
Case T-70/22: Judgment of the General Court of 8 March 2023 — Novasol v ECHA (REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Verification by ECHA of the declaration relating to the size of the enterprise — Request for evidence demonstrating the status of a SME — Refusal to provide certain information — Decision ordering the recovery of the uncollected amount of the total fees payable and imposing an administrative charge — Concept of ‘related undertaking’ — Recommendation 2003/361/EC — Obligation to state reasons)
Date: 2023-03-08
Institutions: General Court
Subjects: chemical product, large business, medium-sized business








C_2023155EN.01005202.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/52






Judgment of the General Court of 8 March 2023 — Novasol v ECHA
(Case T-70/22) (1)

(REACH - Fee payable for registration of a substance - Reduction granted to SMEs - Verification by ECHA of the declaration relating to the size of the enterprise - Request for evidence demonstrating the status of a SME - Refusal to provide certain information - Decision ordering the recovery of the uncollected amount of the total fees payable and imposing an administrative charge - Concept of ‘related undertaking’ - Recommendation 2003/361/EC - Obligation to state reasons)
(2023/C 155/67)
Language of the case: French

Parties


Applicant: Novasol (Kraainem, Belgium) (represented by: C. Alter and G. Bouton, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: F. Becker, S. Mahoney and M. Heikkilä, acting as Agents, and by A. Guillerme, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of decision SME D (2021) 8531-DC of the European Chemicals Agency (ECHA) of 25 November 2021, finding that the applicant had failed to adduce the evidence necessary to benefit from the fee reduction provided for medium-sized enterprises and therefore requesting that the applicant pay the difference between the amount of the fee that it had already paid and the amount of the fee applicable to large enterprises, together with an administrative fee in the amount of EUR 19 900.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Novasol to pay the costs.






(1)  OJ C 138, 28.3.2022.
Non-opposition to a notified concentration (Case M.10992 – KAUFLAND / SCP REAL ASSETS) (Text with EEA relevance) 2023/C 128/01
Date: 2023-03-08
Institutions: Directorate-General for Competition, European Commission
Subjects: Germany, beverage industry, chain store, cloud computing, consultancy, economic concentration, foodstuff, merger control, real property, supermarket, waste recycling








C_2023128EN.01000101.xml










12.4.2023   


EN


Official Journal of the European Union


C 128/1






Non-opposition to a notified concentration
(Case M.10992 – KAUFLAND / SCP REAL ASSETS)
(Text with EEA relevance)
(2023/C 128/01)
On 8 March 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 German language 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 32023M10992. 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.10996 – ICG / SCOPELEC / SETELEN) (Text with EEA relevance) 2023/C 86/11
Date: 2023-03-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric vehicle, electricity supply, maintenance, merger control, provision of services, transmission network








C_2023086EN.01001401.xml










8.3.2023   


EN


Official Journal of the European Union


C 86/14






Prior notification of a concentration
(Case M.10996 – ICG / SCOPELEC / SETELEN)
(Text with EEA relevance)
(2023/C 86/11)

1.   
On 28 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:






—


Circet SAS (‘Circet’, France), exclusively controlled by Intermediate Capital Group (‘ICG’, United Kingdom),










—


Scopelec, société coopérative de production anonyme à capital variable (‘Scopelec’, France),










—


Setelen SAS (‘Setelen’, France), Scopelec Energies Services (‘SES’, France), Gobé SAS (‘Gobé’, France), exclusively controlled by Scopelec.




ICG will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of several parts of Scopelec and Setelen and the whole of SES and Gobé.
The concentration is accomplished by way of purchase of assets and shares.


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






—


Circet: provision of design, engineering, deployment, construction, installation and maintenance services for telecommunication networks,










—


Scopelec, Setelen, SES and Gobé: provision of installation and maintenance services for telecommunication networks and installation services for electric vehicle charging stations.






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.10996 – ICG / SCOPELEC / SETELEN
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’).
Case T-92/22: Judgment of the General Court of 8 March 2023 — Amisi Kumba v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)
Date: 2023-03-08
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms trade, economic sanctions, freezing of assets, international sanctions, natural person, removal, rights of the defence








C_2023155EN.01005401.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/54






Judgment of the General Court of 8 March 2023 — Amisi Kumba v Council
(Case T-92/22) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)
(2023/C 155/69)
Language of the case: French

Parties


Applicant: Gabriel Amisi Kumba (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and M.-C. Cadilhac, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2021 L 443, p. 75) and, second, of Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2021 L 443, p. 3), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Gabriel Amisi Kumba to pay the costs.






(1)  OJ C 148, 4.4.2022.
Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2020/1999, as amended by Council Decision (CFSP) 2023/501 and in Council Regulation (EU) 2020/1998, as implemented by Council Implementing Regulation (EU) 2023/500 concerning restrictive measures against serious human rights violations and abuses 2023/C 86/05
Date: 2023-03-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, human rights, international sanctions, legal person, natural person








C_2023086EN.01000501.xml










8.3.2023   


EN


Official Journal of the European Union


C 86/5






Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2020/1999, as amended by Council Decision (CFSP) 2023/501 and in Council Regulation (EU) 2020/1998, as implemented by Council Implementing Regulation (EU) 2023/500 concerning restrictive measures against serious human rights violations and abuses
(2023/C 86/05)
The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision (CFSP) 2020/1999 (1), as amended by Council Decision (CFSP) 2023/501 (2), and in Annex I to Council Regulation (EU) 2020/1998 (3) as implemented by Council Implementing Regulation (EU) 2023/500 (4), concerning restrictive measures against serious human rights violations and abuses.
The Council of the European Union has decided that those persons and entities should be included on the list of natural and legal persons, entities, and bodies subject to restrictive measures provided for in Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.
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 in the websites in Annex II to Regulation (EU) 2020/1998, 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 31 July 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
Any observations received will be taken into account for the purpose of the Council's periodic review, pursuant to Article 10 of Decision (CFSP) 2020/1999, of the list of designated persons and entities.


(1)  OJ L 410I, 7.12.2020, p. 13.

(2)  OJ L 69I, 7.3.2023, p. 11.

(3)  OJ L 410I , 7.12.2020, p. 1.

(4)  OJ L 69I, 7.3.2023, p. 1.