do-me/EUR-LEX huggingface dataset:
Case T-213/23: Action brought on 24 April 2023 — EFFAS v EUIPO — CFA Institute (CEFA Certified European Financial Analyst)
Date: 2023-04-24
Institutions: General Court
Subjects: EU trade mark, accounting, banking, electronic publishing, financial analysis, insurance, registered trade mark, teaching materials, trade-mark law, traineeship








C_2023216EN.01005301.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/53






Action brought on 24 April 2023 — EFFAS v EUIPO — CFA Institute (CEFA Certified European Financial Analyst)
(Case T-213/23)
(2023/C 216/69)
Language in which the application was lodged: English

Parties


Applicant: European Federation of Financial Analysts’Societies (EFFAS) (Frankfurt am Main, Germany) (represented by: E. Manresa Medina, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: CFA Institute (Charlottesville, Virginia, United States)

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 mark CEFA Certified European Financial Analyst — Application for registration No 14 902 341

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 21 February 2023 in Case R 1418/2022-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the possible intervener to pay for all expenses of this procedure.





Plea in law







—


Infringement of Article 8(1)(b) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Prior notification of a concentration (Case M.11070 – CHEMOURS INTERNATIONAL / FUMATECH / JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 141/08
Date: 2023-04-24
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, fuel cell, merger control, vehicle parts








C_2023141EN.01001101.xml










24.4.2023   


EN


Official Journal of the European Union


C 141/11






Prior notification of a concentration
(Case M.11070 – CHEMOURS INTERNATIONAL / FUMATECH / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 141/08)

1.   
On 13 April 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:






—


The Chemours Company Inc. (‘Chemours’, USA),










—


BWT FUMATECH Mobility GmbH (‘Fumatech’, Austria),










—


JV (Germany).




Chemours and Fumatech will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


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






—


Chemours produces and supplies performance chemicals that are inputs in end-products and processes in a variety of industries, including coatings, refrigeration and air conditioning, transportation, semiconductor and consumer electronics, general industrial, and oil and gas.










—


Fumatech is active in membrane manufacture and plant construction in the field of fuel cell and membrane technology for the treatment of water and process solutions.






3.   

The JV will be active in the development, production, and sale of hydrogen fuel cell membranes and humidifier membranes for fuel cell systems in the transportation sector.



4.   
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.


5.   
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.11070 – CHEMOURS INTERNATIONAL / FUMATECH / JV
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 C-259/23, Synlabhealth II: Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão (Portugal) lodged on 24 April 2023 — Synlabhealth II SA v Autoridade da Concorrência
Date: 2023-04-24
Institutions: Court of Justice
Subjects: confidentiality, control of restrictive practices, correspondence, evidence, protection of communications, restriction on competition, trade information








C_2023304EN.01000302.xml










28.8.2023   


EN


Official Journal of the European Union


C 304/3






Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão (Portugal) lodged on 24 April 2023 — Synlabhealth II SA v Autoridade da Concorrência
(Case C-259/23, Synlabhealth II)
(2023/C 304/05)
Language of the case: Portuguese

Referring court

Tribunal da Concorrência, Regulação e Supervisão

Parties to the main proceedings


Applicant: Synlabhealth II SA

Defendant: Autoridade da Concorrência

Questions referred







I.


Do the business records at issue in this case, which are transmitted by e-mail, constitute ‘correspondence’ for the purposes of Article 7 of the Charter of Fundamental Rights of the European Union?










II.


Does Article 7 of the Charter of Fundamental Rights of the European Union preclude business records arising from e-mail communications between managers and employees of undertakings from being seized in the course of an investigation into agreements and practices prohibited under Article 101 TFEU (ex Article 81 TEC)?










III.


Does Article 7 of the Charter of Fundamental Rights of the European Union preclude such business records from being seized on the prior authorisation of a judicial authority, in this case the Public Prosecutor’s Office, which is responsible for representing the State, defending the interests determined by law, bringing criminal prosecutions on the basis of the principle of legality and defending democratic legality in accordance with the Constitution, and which operates independently of the other central, regional and local authorities?
Case C-78/23, Deutsche Lufthansa: Order of the President of the Court of 24 April 2023 (request for a preliminary ruling from the Amtsgericht Steinfurt — Germany) — UE v Deutsche Lufthansa AG
Date: 2023-04-24
Institutions: Court of Justice
Subjects: airline, carrier, civil aviation, consumer protection, coronavirus disease, epidemic, indemnification, reservation, traveller








C_2023286EN.01002404.xml










14.8.2023   


EN


Official Journal of the European Union


C 286/24






Order of the President of the Court of 24 April 2023 (request for a preliminary ruling from the Amtsgericht Steinfurt — Germany) — UE v Deutsche Lufthansa AG
(Case C-78/23, (1) Deutsche Lufthansa)
(2023/C 286/32)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 189, 30.5.2023.
Council Implementing Regulation (EU) 2023/853 of 24 April 2023 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
Date: 2023-04-24
Institutions: Council of the European Union
Subjects: EU restrictive measure, Iran, economic sanctions, international sanctions, legal person, natural person








L_2023110EN.01002501.xml










25.4.2023   


EN


Official Journal of the European Union


L 110/25








            COUNCIL IMPLEMENTING REGULATION (EU) 2023/853
of 24 April 2023
         
implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (1), and in particular Article 46(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 23 March 2012, the Council adopted Regulation (EU) No 267/2012.












(2)


On the basis of a review of Annex II to Council Decision 2010/413/CFSP (2), the entry concerning one person designated in Annex IX to Regulation (EU) No 267/2012 should be removed from that Annex. One entry included in Annex IX to Regulation (EU) No 267/2012 should be updated.












(3)


Regulation (EU) No 267/2012 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex IX to Regulation (EU) No 267/2012 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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 Luxembourg, 24 April 2023.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  
            OJ L 88, 24.3.2012, p. 1.

(2)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).




ANNEX
Annex IX to Regulation (EU) No 267/2012 is amended as follows:






(1)


entry 10 (concerning Rostam QASEMI) in the list headed ‘II. Iranian Revolutionary Guard Corps (IRGC)’, under the subheading ‘A. Persons’ is deleted;










(2)


under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entry replaces the corresponding entry in the list set out under the subheading ‘B. Entities’:









 


Name


Identifying information


Reasons


Date of listing




‘12.


Fajr Aviation Composite Industries


Mehrabad Airport, PO Box 13445-885, Tehran, Iran


A subsidiary of the IAIO within MODAFL both designated by the EU which primarily produces composite materials for the aircraft industry.
Fajr Aviation Composite Industries also produces drones, which are allegedly being used for regional destabilisation.


26.7.2010’
Prior notification of a concentration (Case M.11090 – EFMS / SK SQUARE / SK SHIELDUS) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 141/07
Date: 2023-04-24
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, information security, investment company, merger control, security services








C_2023141EN.01000901.xml










24.4.2023   


EN


Official Journal of the European Union


C 141/9






Prior notification of a concentration
(Case M.11090 – EFMS / SK SQUARE / SK SHIELDUS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 141/07)

1.   
On 12 April 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:






—


EQT Fund Management S.à r.l. (‘EFMS’, Luxembourg),










—


SK Square Co., Ltd. (‘SK Square’, Republic of Korea),










—


SK Shieldus Co., Ltd (‘SK Shieldus’, Republic of Korea).




EFMS and SK Square will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of SK Shieldus.
The concentration is accomplished by way of purchase of shares.


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






—


EFMS is an investment fund that seeks to make investments in infrastructure and infrastructure-related assets and businesses primarily in Europe and North America,










—


SK Square is an active portfolio management company and invests in companies active in the new information and communications technologies sectors,










—


SK Shieldus is mainly active in the provision of physical security services, cybersecurity services and converged security services. The company is predominantly active in South Korea, with a minor presence in the US and across Europe.






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.11090 – EFMS / SK SQUARE / SK SHIELDUS
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.