do-me/EUR-LEX huggingface dataset:
Case T-174/23: Action brought on 31 March 2023 — Willemsen v Commission
Date: 2023-03-31
Institutions: General Court
Subjects: EU aid, claim, debt, project management, reimbursement of aid, research project, university








C_2023216EN.01004901.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/49






Action brought on 31 March 2023 — Willemsen v Commission
(Case T-174/23)
(2023/C 216/64)
Language of the case: Dutch

Parties


Applicant: Merel Johanna Willemsen (Amsterdam, Netherlands) (represented by: G. Geelkerken, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the European Commission of 14 December 2021 concerning the recovery of a claim registered under debit note No 4840200003 (‘the contested decision’) and declare that the applicant owes nothing to the Commission;










—


in the alternative, annul the contested decision and declare that the applicant — after the settlement of their mutual claims — owes nothing to the Commission;










—


in the further alternative, annul the contested decision and to the extent that the applicant still owes an amount to the Commission thereafter, limit that amount to zero;










—


in the even further alternative, annul the contested decision and to the extent that the applicant still owes an amount to the Commission thereafter, moderate that amount in a reasonable manner;










—


order the defendant to pay the costs of the applicant in the present proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law: the termination of the applicant’s participation in the research project for which the Commission had signed a grant agreement, and the fact that the applicant could not deliver and complete the agreed work, are the result of the actions of the Project Officer and the coordinator and are not attributable to the applicant herself. Given that is within the Commission’s sphere of control that the applicant has had to withdraw and in view of the course of events during the project, the applicant owes nothing to the Commission.










2.


Second plea in law: the errors committed by the Project Officer and the coordinator and procedural irregularities are so serious that nothing can be claimed from the applicant.










3.


Third plea in law: on account of the withholding of the applicant’s research results and material she has suffered harm, such that nothing can be claimed from her.










4.


Fourth plea in law: the course of events throughout the entire implementation of the project, both the unacceptable attitude of those in charge towards the applicant mean that no claim can be made against her. There is a situation of ‘force majeure’ and the applicant’s personal circumstances, too, should be a reason for the Commission to waive recovery from the applicant.
Case C-215/23: Action brought on 31 March 2023 — European Commission v Kingdom of Belgium
Date: 2023-03-31
Institutions: Court of Justice
Subjects: access to information, dissemination of information, information, national implementing measure, open data, public sector, right to reuse information, sanction (EU)








C_2023216EN.01002702.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/27






Action brought on 31 March 2023 — European Commission v Kingdom of Belgium
(Case C-215/23)
(2023/C 216/37)
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: P.-J. Loewenthal, U. Małecka, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

The Commission claims that the Court should:






—


declare that the Kingdom of Belgium, in not adopting the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1024 (1) of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information and in not immediately communicating those measures to the Commission, has failed to fulfil its obligations under Article 17 of that directive;










—


order the Kingdom of Belgium to pay the Commission a lump sum which corresponds to the level of the following two amounts: (i) a daily amount of EUR 2 520, multiplied by the number of days between the day after the expiry of the time limit for transposition fixed in Directive (EU) 2019/1024 and the day on which the infringement is rectified or, in the absence of rectification, the day on which the present judgment is rendered, or (ii) a minimum lump sum in the amount of EUR 2 352 000;










—


in the event that the infringement persists until the date of delivery of the judgment in the present case, order the Kingdom of Belgium to pay the Commission a periodic penalty payment in the amount of EUR 13 608 per day from the day of delivery of the judgment in this case until the date on which that Member State fulfils its obligations under the directive, and










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

Pursuant to Article 17(1) of Directive (EU) 2019/1024, the Member States were required by 17 July 2021 at the latest to adopt the national measures necessary to transpose that directive and to communicate them to the Commission.
According to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under the abovementioned provision by not having adopted the required transposition measures for the Walloon Region, the French Community and at federal level on time, or at least by not having immediately communicated those measures to the Commission.


(1)  OJ 2019 L 172, p. 56.
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections – SA.106542Text with EEA relevance.
Date: 2023-03-31
Institutions: Directorate-General for Competition, European Commission
Subjects: Hungary, State aid, control of State aid








C_2023117EN.01000501.xml










31.3.2023   


EN


Official Journal of the European Union


C 117/5






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
SA.106542
(Text with EEA relevance)
(2023/C 117/04)






Date of adoption of the decision


9.3.2023




Aid number


SA.106542




Member State


Hungary




Region


 




Title (title and/or name of the beneficiary)


Amendment request of the Hungarian TCF schemes SA.103089 (amended by SA.104009, then by SA.104850) and SA.104515 (amended by SA.104850)




Legal basis


Several acts, ministerial decrees and term sheets of funds




Type of measure


Scheme




Objective


Remedy for a serious disturbance in the economy




Form of aid


Direct grant, Interest subsidy, Guarantee, Tax rate reduction, Equity instruments, Soft loan




Budget


Overall budget: 4 651 980 000 000  HUF
Annual budget: 2 540 720 000  HUF




Intensity


 




Duration


Until 31.12.2022




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







Ministry of Economic Development, Ministry of Energy, Neumann Nonprofit Ltd, Hungarian Development Bank, Ministry of Finance, Ministry of Justice, Ministry of Agriculture, Ministry of Human Capacities, Cabinet Office of the Prime Minister, Kecskemét Enterprise Development Fund, Kecskemét Urban Development Fund, Hungarian Export-Import Bank, the managing authorities of Hungarian Operational Programmes and the legal successors of the above ministries, as well as the Prime Minister’s Office




1014 Budapest, Színház utca 1.








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://ec.europa.eu/competition/elojade/isef/index.cfm
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections – SA.101947Text with EEA relevance.
Date: 2023-03-31
Institutions: Directorate-General for Competition, European Commission
Subjects: France, State aid, control of State aid








C_2023117EN.01000401.xml










31.3.2023   


EN


Official Journal of the European Union


C 117/4






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
SA.101947
(Text with EEA relevance)
(2023/C 117/03)






Date of adoption of the decision


29.3.2022




Aid number


SA.101947




Member State


France




Region


 




Title (title and/or name of the beneficiary)


Covid-19: Dispositif de garantie de l’État sur l’investissement dans des quasi-fonds propres de petites et moyennes entreprises et d’entreprises de taille intermédiaire




Legal basis


Article 209 LOI no 2020-1721 du 29 décembre 2020 de finances pour 2021




Type of measure


Scheme




Objective


Remedy for a serious disturbance in the economy




Form of aid


 




Budget


 




Intensity


 




Duration


1.7.2022 — 31.12.2023




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







Ministère de l'économie, des finances et de la relance




139 rue de Bercy, 75572 Paris Cedex 12








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://ec.europa.eu/competition/elojade/isef/index.cfm
Case T-472/22: Order of the General Court of 31 March 2023 — Mocom Compounds v EUIPO — Centemia Conseils (Near-to-Prime) (EU trade mark — Invalidity proceedings — EU word mark Near-to-Prime — Absolute ground for invalidity — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law)
Date: 2023-03-31
Institutions: General Court
Subjects: EU trade mark, chemical product, plastics, registered trade mark, trade-mark law








C_2023189EN.01003301.xml










30.5.2023   


EN


Official Journal of the European Union


C 189/33






Order of the General Court of 31 March 2023 — Mocom Compounds v EUIPO — Centemia Conseils (Near-to-Prime)
(Case T-472/22) (1)

(EU trade mark - Invalidity proceedings - EU word mark Near-to-Prime - Absolute ground for invalidity - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law)
(2023/C 189/44)
Language of the case: German

Parties


Applicant: Mocom Compounds GmbH & Co. KG (Hamburg, Germany) (represented by: J. Bornholdt, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Centemia Conseils (Angevillers, France)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 May 2022 (Case R 2178/2021-1).

Operative part of the order







1.


The action is dismissed as manifestly lacking any foundation in law.










2.


Each party shall bear its own costs.






(1)  OJ C 359, 19.9.2022.
Case T-482/22: Order of the General Court of 31 March 2023 — Thomas Henry v EUIPO (MATE MATE) (EU trade mark — Application for EU word mark MATE MATE — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b),(c) and (g) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)
Date: 2023-03-31
Institutions: General Court
Subjects: EU trade mark, advertising, beverage, carriage of goods, clothing, cocoa, coffee, registered trade mark, tea, tourism, trade-mark law








C_2023179EN.01004702.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/47






Order of the General Court of 31 March 2023 — Thomas Henry v EUIPO (MATE MATE)
(Case T-482/22) (1)

(EU trade mark - Application for EU word mark MATE MATE - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Misleading character - Article 7(1)(b),(c) and (g) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)
(2023/C 179/70)
Language of the case: German

Parties


Applicant: Thomas Henry GmbH (Berlin, Germany) (represented by: O. Spieker, D. Mienert and J. Si-Ha Selbmann, lawyers)

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

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 May 2022 (Case R 406/2021-1).

Operative part of the order







1.


The action is dismissed.










2.


Each party shall bear its own costs.






(1)  OJ C 359, 19.9.2022.
Information of the European Commission pursuant to Article 18(3) of Regulation (EU) No 1257/2012 of the European Parliament and the Council of 17 December 2012, implementing enhanced cooperation to the area of the creation of unitary patent protection (OJ L 361, 31.12.2012, p. 1.) 2023/C 116/02
Date: 2023-03-31
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European patent, Unified Patent Court, agreement (EU), patent law, settlement of disputes








C_2023116EN.01000601.xml










31.3.2023   


EN


Official Journal of the European Union


C 116/6






Information of the European Commission pursuant to Article 18(3) of Regulation (EU) No 1257/2012 of the European Parliament and the Council of 17 December 2012, implementing enhanced cooperation to the area of the creation of unitary patent protection (1)

(2023/C 116/02)
Entry into force of the Agreement on a Unified Patent Court (2): 1 June 2023.
Ratification Details of the Agreement on a Unified Patent Court:






Belgium


6.6.2014




Bulgaria


3.6.2016




Denmark


20.6.2014




Germany


17.2.2023




Estonia


1.8.2017




France


14.3.2014




Italy


20.2.2017




Latvia


11.1.2018




Lithuania


14.8.2017




Luxemburg


22.5.2015




Malta


9.12.2014




Netherlands


14.9.2016




Austria


6.8.2013




Portugal


28.8.2015




Slovenia


15.10.2021




Finland


19.1.2013




Sweden


26.4.2018






(1)  OJ L 361, 31.12.2012, p. 1.

(2)  OJ C 175, 20.6.2013, p. 1.
Case T-175/23: Action brought on 31 March 2023 — Hong Kong NetEase Interactive Entertainment v EUIPO — Medion (LifeAfter)
Date: 2023-03-31
Institutions: General Court
Subjects: EU trade mark, computer network, electronic game, registered trade mark, software, trade-mark law, virtual reality








C_2023179EN.01007101.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/71






Action brought on 31 March 2023 — Hong Kong NetEase Interactive Entertainment v EUIPO — Medion (LifeAfter)
(Case T-175/23)
(2023/C 179/98)
Language in which the application was lodged: English

Parties


Applicant: Hong Kong NetEase Interactive Entertainment Ltd (Sheung Wan, Hong Kong, China) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Medion AG (Essen, Germany)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word trade mark LifeAfter — Application for registration No 17 992 446

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 December 2022 in Case R 557/2022-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision, expressly according the registration of the EU trade mark No 17 992 446;










—


order EUIPO and the intervening party, Medion AG to pay all the costs of the dispute before the General Court, including those relating to the procedure before the EUIPO.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
New national side of euro coins intended for circulation 2023/C 116/11
Date: 2023-03-31
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Slovakia, commemoration, euro, issuing of currency




C_2023116EN.01003001.xml










31.3.2023   


EN


Official Journal of the European Union


C 116/30






New national side of euro coins intended for circulation
(2023/C 116/11)






National side of the new commemorative 2-euro coin intended for circulation and issued by Slovakia

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Slovakia

Subject of commemoration: The 100th anniversary of the first blood transfusion in Slovakia

Description of the design: The design features an equilateral cross as an internationally recognised symbol of medical aid, hope and humanity. Inscribed in each arm is one of the four blood groups: A, B, 0, and AB. Incused within the cross are two more equilateral crosses, one within the other, with a drop of blood appearing at the centre of this image. Depicted around the central cross are the equally spaced lower parts of eight test tubes, each containing an incused stylised blood drop. Between each tube is a blood drop in relief. To the right of the bottom tube are the stylised initials ‘MP’, referring to the national side’s designer Mária Poldaufová; to the left is the mint mark of the Kremnica Mint (Mincovňa Kremnica), consisting of the letters ‘MK’ placed between two dies. Around most of the edge of the coin’s inner part is the inscription ‘PRVÁ TRANSFÚZIA KRVI 1923 – 2023’ (in English the words mean ‘first blood transfusion’). Along the lower part of the edge is the name of the issuing country ‘SLOVENSKO’, with a dot on either side separating it from the inscription.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 1 000 000

Date of issue: March 2023


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-176/23: Action brought on 31 March 2023 — PT Musim Mas v Commission
Date: 2023-03-31
Institutions: General Court
Subjects: Indonesia, anti-dumping duty, import (EU), organic acid, originating product, principle of proportionality








C_2023179EN.01007102.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/71






Action brought on 31 March 2023 — PT Musim Mas v Commission
(Case T-176/23)
(2023/C 179/99)
Language of the case: English

Parties


Applicant: PT Musim Mas (Medan, Indonesia) (represented by: B. Servais and V. Crochet, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission Implementing Regulation (EU) 2023/111 of 18 January 2023 imposing a definitive anti-dumping duty on imports of fatty acid originating in Indonesia in its entirety insofar as it concerns the applicant; and










—


Order the Commission and any intervener who may be allowed to support the Commission to bear the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the Commission violated the principles to state reasons and of good administration by deciding not to terminate the investigation in light of the withdrawal of the complaint.










2.


Second plea in law, alleging that the Commission violated Articles 21(1) and 9(4) of the Basic Regulation by failing to conclude that it was not in the Union interest to impose measures.










3.


Third plea in law, alleging that the Commission violated Articles 2(3), 2(6) and 9(4) of the Basic Regulation by using an unreasonable and wrongly computed profit margin to construct the normal value of product control numbers (PCNs) sold by the applicant in non-representative quantities on the domestic market.










4.


Fourth plea in law, alleging that the Commission erred in law by constructing the normal value of five PCNs that were not sold at all by the applicant on the domestic market pursuant to Article 2(3) of the Basic Regulation without having first established whether it was possible to determine the normal value of these five PCNs on the basis of the second subparagraph of Article 2(1) of the Basic Regulation.










5.


Fifth plea in law, alleging that the Commission has violated Article 9(4) of the Basic Regulation by imposing an anti-dumping duty which exceeds the dumping margin, as it used an incorrect exchange rate to convert the net invoice value and cost, insurance and freight values of certain transactions of ICOF Europe.
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections – SA.102270Text with EEA relevance.
Date: 2023-03-31
Institutions: Directorate-General for Competition, European Commission
Subjects: Italy, State aid, control of State aid








C_2023117EN.01001201.xml










31.3.2023   


EN


Official Journal of the European Union


C 117/12






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
SA.102270
(Text with EEA relevance)
(2023/C 117/11)






Date of adoption of the decision


17.6.2022




Aid number


SA.102270




Member State


Italy




Region


 




Title (title and/or name of the beneficiary)


Reintroduction of the COVID-19 scheme for the reduction of track access charges for rail freight and commercial rail passenger services




Legal basis


Decreto legge 27 gennaio 2022, no 4 ‘misure urgenti in materia di sostegno alle imprese ed agli operatori economici, di lavoro, salute e servizi territoriali, connesse all'emergenza da COVID-19, nonchè per il contenimento degli effetti economici degli aumenti dei prezzi nel settore elettrico’ (cosiddetto sostegni- ter) — articolo 25 ‘misure urgenti per il settore ferroviario’




Type of measure


Scheme




Objective


Coordination of transport




Form of aid


Other




Budget


Overall budget: 130 000 000  EUR
Annual budget: 10 000 000  EUR




Intensity


 




Duration


Until 31.3.2022




Economic sectors


Freight rail transport, Other passenger land transport




Name and address of the granting authority







Ministero delle Infrastrutture e della Mobilità sostenibili — Direzione Generale per il trasporto e le infrastrutture ferroviarie




Via Caraci 36 00157 Roma








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://ec.europa.eu/competition/elojade/isef/index.cfm