do-me/EUR-LEX huggingface dataset:
Case T-343/23: Action brought on 23 June 2023 — Katjes Fassin v EUIPO (Beyond Chocolate)
Date: 2023-06-23
Institutions: General Court
Subjects: EU trade mark, cocoa, confectionery, confectionery product, registered trade mark, trade-mark law








C_2023278EN.01002701.xml










7.8.2023   


EN


Official Journal of the European Union


C 278/27






Action brought on 23 June 2023 — Katjes Fassin v EUIPO (Beyond Chocolate)
(Case T-343/23)
(2023/C 278/38)
Language of the case: German

Parties


Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: A. Renck and C. Stöber)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for EU word mark ‘Beyond Chocolate’ — Application No 18 578 274

Contested decision: Decision of the First Board of Appeal of EUIPO of 11 April 2023 in Case R 2352/2022-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Commission Implementing Regulation (EU) 2023/1326 of 23 June 2023 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Balaton / Balatoni’ (PDO))
Date: 2023-06-23
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Central Transdanubia, Hungary, Southern Transdanubia, Western Transdanubia, designation of origin, labelling, product designation, red wine, rosé wine, sparkling wine, white wine








L_2023166EN.01006001.xml










30.6.2023   


EN


Official Journal of the European Union


L 166/60








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/1326
of 23 June 2023
         
approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Balaton / Balatoni’ (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Balaton / Balatoni’, forwarded by Hungary in accordance with Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Balaton / Balatoni’ (PDO) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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 Brussels, 23 June 2023.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 114, 29.3.2023, p. 12.
Commission Implementing Regulation (EU) 2023/1325 of 23 June 2023 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Extremadura’ (PGI))
Date: 2023-06-23
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Extremadura, Spain, designation of origin, labelling, product designation, red wine, rosé wine, sparkling wine, white wine








L_2023166EN.01005801.xml










30.6.2023   


EN


Official Journal of the European Union


L 166/58








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/1325
of 23 June 2023
         
approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Extremadura’ (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


The Commission has examined the application for the approval of amendments to the specification for the Protected Geographical Indication ‘Extremadura’, forwarded by Spain in accordance with Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Extremadura’ (PGI) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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 Brussels, 23 June 2023.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 40, 2.2.2023, p. 8.
Case T-344/23: Action brought on 23 June 2023 — Sergio Rossi v EUIPO — Stefano Ricci (sr 1)
Date: 2023-06-23
Institutions: General Court
Subjects: EU trade mark, clothing, cosmetic product, footwear industry, jewellery and goldsmith's articles, personal effects, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2023286EN.01003802.xml










14.8.2023   


EN


Official Journal of the European Union


C 286/38






Action brought on 23 June 2023 — Sergio Rossi v EUIPO — Stefano Ricci (sr 1)
(Case T-344/23)
(2023/C 286/52)
Language in which the application was lodged: Italian

Parties


Applicant: Sergio Rossi SpA (San Mauro Pascoli, Italy) (represented by: C. Sala, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Stefano Ricci SpA (Fiesole, Italy)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark sr 1 — EU trade mark No 15 861 248

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 2 May 2023 in Case R 89/2021-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the third-party intervener to pay the costs.





Pleas in law







—


Infringement of Article 41(2) of the Charter of Fundamental Rights of the European Union in the form of a failure on the part of the administration to fulfil its obligation to state reasons for its decisions;










—


Misuse of powers and lack of jurisdiction in assessing distinctive character in relation to the earlier marks, on the part of the Board of Appeal of EUIPO;










—


Failure to state reasons as regards a decisive point in the dispute (infringement of Article 41(2) of the Charter of Fundamental Rights of the European Union) and failure to observe the general principles of EU law in the form of the principle of legality, the principle of equal treatment and the principle of good administration;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, Article 17(3) of Commission Delegated Regulation 2018/625 and Article 41(2) of the Charter of Fundamental Rights of the European Union, in particular, as regards the assessment of the distinctive nature of national, not EU, trade marks, identification of the relevant public and the subsequent analysis of the similarity of the signs at issue.
Commission Implementing Regulation (EU) 2023/1327 of 23 June 2023 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Canelli’ (PDO)
Date: 2023-06-23
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Italy, Piedmont, designation of origin, labelling, product designation, white wine








L_2023166EN.01006201.xml










30.6.2023   


EN


Official Journal of the European Union


L 166/62








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/1327
of 23 June 2023
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Canelli’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Canelli’ forwarded by Italy and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Canelli’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Canelli’ (PDO) is hereby protected.


Article 2
This Regulation shall enter into force on the twentieth 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 Brussels, 23 June 2023.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 43, 6.2.2023, p. 5.
Commission Regulation (EU) 2023/1316 of 23 June 2023 establishing a fisheries closure for bigeye tuna in the Atlantic Ocean for vessels flying the flag of Portugal
Date: 2023-06-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2023163EN.01000101.xml










29.6.2023   


EN


Official Journal of the European Union


L 163/1








            COMMISSION REGULATION (EU) 2023/1316
of 23 June 2023
         
establishing a fisheries closure for bigeye tuna in the Atlantic Ocean for vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.












(2)


According to the information received by the Commission, catches of the stock of bigeye tuna in the Atlantic Ocean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2023.












(3)


It is therefore necessary to prohibit certain fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated for 2023 to Portugal for the stock of bigeye tuna in the Atlantic Ocean referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Portugal shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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 Brussels, 23 June 2023.


For the Commission,


On behalf of the President,

Virginijus SINKEVIČIUS
            

Member of the Commission






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).




ANNEX






No


02/TQ194




Member State


Portugal




Stock


BET/ATLANT (including BET/*ATLLL and BET/*ATLPS)




Species


Bigeye tuna (Thunnus obesus)




Zone


Atlantic Ocean




Closing date


30.5.2023