do-me/EUR-LEX huggingface dataset:
Case T-358/23: Action brought on 4 July 2023 — AC Marca Brands v EUIPO — Sanitix (Sanitix)
Date: 2023-07-04
Institutions: General Court
Subjects: EU trade mark, decontamination, polishing and scouring preparations, registered trade mark, trade-mark law








C_2023296EN.01003901.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/39






Action brought on 4 July 2023 — AC Marca Brands v EUIPO — Sanitix (Sanitix)
(Case T-358/23)
(2023/C 296/44)
Language in which the application was lodged: English

Parties


Applicant: AC Marca Brands, SL (Madrid, Spain) (represented by: D. Pellisé Urquiza and J. C. Quero Navarro, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sanitix Ltd (London, United Kingdom)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark Sanitix — Application for registration No 18 294 902

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 3 May 2023 in Case R 1954/2022-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and/or Sanitix Ltd to bear the costs of these proceedings and of the opposition and appeal proceedings before EUIPO.





Plea in law







—


Infringement of Article 8(1) and (5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Non-opposition to a notified concentration (Case M.10860 – ADVENT / GFK)
Date: 2023-07-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, market research, merger control








C_202301244EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1244


24.11.2023






Non-opposition to a notified concentration
(Case M.10860 – ADVENT / GFK)
(Text with EEA relevance)
(C/2023/1244)

On 4 July 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) in conjunction with Article 6(2) 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 (https://competition-cases.ec.europa.eu/search). 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 32023M10860. EUR-Lex is the online point of access to European Union law.






(1)  
            OJ L 24, 29.1.2004, p. 1.


ELI: http://data.europa.eu/eli/C/2023/1244/oj
ISSN 1977-091X (electronic edition)
Special report 17/2023: ‘Circular economy – Slow transition by member states despite EU action’ 2023/C 236/02
Date: 2023-07-04
Institutions: European Court of Auditors
Subjects: circular economy, environmental impact, industrial policy, innovation, prevention of pollution, production policy, sustainable development, waste, waste disposal, waste recycling








C_2023236EN.01000201.xml










4.7.2023   


EN


Official Journal of the European Union


C 236/2






Special report 17/2023:
‘Circular economy – Slow transition by member states despite EU action’
(2023/C 236/02)
The European Court of Auditors has published its special report 17/2023: ‘Circular economy – Slow transition by member states despite EU action’.
The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/publications/sr-2023-17
Case T-605/22: Order of the General Court of 4 July 2023 — RT France v Council
Date: 2023-07-04
Institutions: General Court
Subjects: EU restrictive measure, Russo-Ukrainian issue, economic sanctions, equal treatment, freedom of expression, international sanctions, legal person, right to information








C_2023296EN.01004502.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/45






Order of the General Court of 4 July 2023 — RT France v Council
(Case T-605/22) (1)

(2023/C 296/52)
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 424, 7.11.2022.
Case T-357/23: Action brought on 4 July 2023 — Verla-Pharm Arzneimittel v EUIPO — Converso (Pherla)
Date: 2023-07-04
Institutions: General Court
Subjects: EU trade mark, baby food, dietary product, food supplement, non-alcoholic beverage, pharmaceutical product, powdered milk, registered trade mark, trade-mark law








C_2023296EN.01003801.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/38






Action brought on 4 July 2023 — Verla-Pharm Arzneimittel v EUIPO — Converso (Pherla)
(Case T-357/23)
(2023/C 296/43)
Language in which the application was lodged: English

Parties


Applicant: Verla-Pharm Arzneimittel GmbH & Co. KG (Tutzing, Germany) (represented by: M.-C. Seiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Valeria Converso (San Giorgio a Cremano, Italy)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark Pherla — Application for registration No l8 319 785

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 February 2023 in Case R 268/2022-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision which was notified on 25 April 2023;










—


uphold the opposition number B 3 139 093 in its entirety, and reject the contested application in respect of all the contested goods in class 5;










—


in the alternative, remit the case to the Board of Appeal for re-examination;










—


order EUIPO to bear the applicant’s costs and expenses.





Pleas in law







—


Infringement of Article 94(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council due to violation of the defendant’s obligation to state reasons of its decisions, also provided in Article 41(1), (2)(c) of the Charter of Fundamental Rights of the European Union;










—


Infringement of Article 94(1), second sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council due to violation of the applicant’s right to be heard, also provided in Article 41(1), (2)(a) of the Charter of Fundamental Rights of the European Union;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council due to its misapplication and therefore violation.
Interest rate applied by the European Central Bank to its main refinancing operations (Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.): 4,00 % on 1 July 2023 Euro exchange rates (Source: reference exchange rate published by the ECB.) 3 July 2023 2023/C 236/01
Date: 2023-07-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2023236EN.01000101.xml










4.7.2023   


EN


Official Journal of the European Union


C 236/1






Interest rate applied by the European Central Bank to its main refinancing operations (1):
4,00 % on 1 July 2023
Euro exchange rates (2)

3 July 2023
(2023/C 236/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0899 




JPY


Japanese yen


157,81 




DKK


Danish krone


7,4468 




GBP


Pound sterling


0,85980 




SEK


Swedish krona


11,8330 




CHF


Swiss franc


0,9800 




ISK


Iceland króna


149,50 




NOK


Norwegian krone


11,6945 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,711 




HUF


Hungarian forint


375,03 




PLN


Polish zloty


4,4385 




RON


Romanian leu


4,9532 




TRY


Turkish lira


28,4225 




AUD


Australian dollar


1,6383 




CAD


Canadian dollar


1,4441 




HKD


Hong Kong dollar


8,5402 




NZD


New Zealand dollar


1,7755 




SGD


Singapore dollar


1,4736 




KRW


South Korean won


1 425,74 




ZAR


South African rand


20,4435 




CNY


Chinese yuan renminbi


7,9007 




IDR


Indonesian rupiah


16 412,60 




MYR


Malaysian ringgit


5,0871 




PHP


Philippine peso


60,270 




RUB


Russian rouble


 




THB


Thai baht


38,343 




BRL


Brazilian real


5,2083 




MXN


Mexican peso


18,6610 




INR


Indian rupee


89,3225 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case T-359/23: Action brought on 4 July 2023 — Société des produits Nestlé v EUIPO — Amigüitos pets & life (THE ONLY ONE by alphaspirit wild and perfect)
Date: 2023-07-04
Institutions: General Court
Subjects: EU trade mark, dietary product, food supplement, pet food, registered trade mark, trade-mark law, veterinary medicinal product, vitamin








C_2023296EN.01004001.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/40






Action brought on 4 July 2023 — Société des produits Nestlé v EUIPO — Amigüitos pets & life (THE ONLY ONE by alphaspirit wild and perfect)
(Case T-359/23)
(2023/C 296/45)
Language in which the application was lodged: English

Parties


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

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Amigüitos pets & life, SA (Lorca, Spain)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union trade mark THE ONLY ONE by alphaspirit wild and perfect in colours white, red and black — Application for registration No 15 385 719

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 30 March 2023 in Case R 424/2020-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the EUIPO to pay the costs of the proceeding before the General Court and order the potential intervener (Amigüitos pets and life, SA) to pay the costs before the EUIPO.





Pleas in law







—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(5) of Regulation (EC) No 207/2009 of the Council;










—


Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 of the Council;










—


Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-409/23, Arvato Finance: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 4 July 2023 — Arvato Finance BV v MI
Date: 2023-07-04
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, debt, interest








C_202300495EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/495


6.11.2023





Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 4 July 2023 — Arvato Finance BV v MI
(Case C-409/23, Arvato Finance)
(C/2023/495)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Arvato Finance BV

Defendant: MI

Questions referred







1.


Do default interest and out-of-court costs belong to the total cost of the credit to the consumer within the meaning of Article 3(g) of the Consumer Credit Directive (1) and must they be taken into account in the determination of whether there is a credit agreement where the credit is granted ‘free of interest and without any other charges’ or one under the terms of which ‘only insignificant charges are payable’ within the meaning of Article 2(2)(f) of the Consumer Credit Directive?










2.


Does the answer to Question 1 differ if the default interest and out-of-court costs are payable by law or stipulated by contract? If the default interest and out-of-court costs are stipulated, does it make any difference if that interest and those costs are higher than what would be payable by law in the absence of the stipulation?






(1)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).


ELI: http://data.europa.eu/eli/C/2023/495/oj
ISSN 1977-091X (electronic edition)
Non-opposition to a notified concentration (Case M.11183 – SSG / ORDINA) (Text with EEA relevance) 2023/C 245/03
Date: 2023-07-04
Institutions: Directorate-General for Competition, European Commission
Subjects: Benelux countries, consultancy, digital technology, economic concentration, merger control, provision of services, software








C_2023245EN.01000301.xml










12.7.2023   


EN


Official Journal of the European Union


C 245/3






Non-opposition to a notified concentration
(Case M.11183 – SSG / ORDINA)
(Text with EEA relevance)
(2023/C 245/03)
On 4 July 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 (https://competition-cases.ec.europa.eu/search). 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 32023M11183. 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.11082 – ARP / GRI / JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 236/05
Date: 2023-07-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, engine, investment company, merger control, power plant, turbine, wind energy








C_2023236EN.01001301.xml










4.7.2023   


EN


Official Journal of the European Union


C 236/13






Prior notification of a concentration
(Case M.11082 – ARP / GRI / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 236/05)

1.   
On 27 June 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:






—


Agencja Rozwoju Przemysłu S.A. (‘ARP’) (Poland), ultimately controlled by the Polish State,










—


GRI Renewable Industries, S.L. (‘GRI’) (Spain), ultimately jointly controlled by the Acek Group and the Mitsui Group.




ARP and GRI 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:






—


ARP’s global activities range from portfolio company and property management to cultural heritage preservation. ARP, through a subsidiary, is also active in the production and distribution of onshore wind towers,










—


GRI is dedicated to the manufacture and supply of metal components for wind turbines, i.e. GRI manufactures wind towers (onshore and offshore), flanges and castings. GRI is active globally.






3.   

The business activities of the JV will be the following: the development, construction and operation of an offshore wind towers manufacturing plant located in Gdańsk, Poland.



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.11082 – ARP / GRI / 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 T-590/22: Order of the General Court of 4 July 2023 — Cristescu v Commission
Date: 2023-07-04
Institutions: General Court
Subjects: administrative sanction, disciplinary proceedings, pay scale, principle of proportionality, promotion, rights of the defence








C_2023296EN.01004501.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/45






Order of the General Court of 4 July 2023 — Cristescu v Commission
(Case T-590/22) (1)

(2023/C 296/51)
Language of the case: French
The President of the Tenth Chamber has ordered that the case be removed from the register.


(1)  OJ C 424, 7.11.2022.
Case C-408/23, Anwaltsnotarin: Request for a preliminary ruling from the Oberlandesgericht Köln (Germany) lodged on 4 July 2023 — Rechtsanwältin (lawyer) and Notarin (notary) v the President of the Oberlandesgericht Hamm
Date: 2023-07-04
Institutions: Court of Justice
Subjects: age discrimination, appointment of staff, equal treatment, job vacancy, notary








C_2023321EN.01002901.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/29






Request for a preliminary ruling from the Oberlandesgericht Köln (Germany) lodged on 4 July 2023 — Rechtsanwältin (lawyer) and Notarin (notary) v the President of the Oberlandesgericht Hamm
(Case C-408/23, Anwaltsnotarin)
(2023/C 321/36)
Language of the case: German

Referring court

Oberlandesgericht Köln

Parties to the main proceedings


Applicant: Rechtsanwältin (lawyer) and Notarin (notary)

Defendant: the President of the Oberlandesgericht Hamm

Questions referred







1.


Are Article 21 of the Charter of Fundamental Rights of the European Union and Article 6(1) of Council Directive 2000/78/EC (1) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation to be interpreted as precluding national legislation which provides in mandatory terms that a person who has reached the age of 60 on expiry of the deadline for applications to the notary post in question cannot be appointed for the first time to the role of Anwaltsnotar (lawyer commissioned as notary), even if more than one post must remain vacant because there are no suitable younger candidates in the local court district in which the application procedure took place and candidates from other local court districts are not permitted to apply?










2.


Is question 1 to be answered in the affirmative if it is to be expected that more than one advertised post of lawyer commissioned as notary will be impossible to fill with suitable candidates younger than 60 in the same local court district in the following year?










3.


Is question 1 to be answered in the affirmative in any event because it is also to be expected that, also in other local court districts outside large urban centres, it will repeatedly prove impossible to fill all advertised posts of lawyer commissioned as notary with suitable candidates younger than 60?










4.


Is no infringement of Article 21 of the Charter of Fundamental Rights of the European Union and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 present if the supply of notarial services is assured in a local court district even though an applicant over 60 years of age has not been appointed to the post of lawyer commissioned as notary solely on account of his or her age and more than one post has remained vacant?






(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).