do-me/EUR-LEX huggingface dataset:
Case T-429/23: Action brought on 25 July 2023 — Hofstede Insights v EUIPO — Geert Hofstede (HOFSTEDE INSIGHTS)
Date: 2023-07-25
Institutions: General Court
Subjects: EU trade mark, business management, consultancy, economics, education, registered trade mark, trade-mark law








C_2023321EN.01006401.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/64






Action brought on 25 July 2023 — Hofstede Insights v EUIPO — Geert Hofstede (HOFSTEDE INSIGHTS)
(Case T-429/23)
(2023/C 321/71)
Language in which the application was lodged: English

Parties


Applicant: Hofstede Insights Oy (Helsinki, Finland) (represented by: A. Sevillano Orbegozo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Geert Hofstede BV (Meppel, Netherlands)

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 trade mark HOFSTEDE INSIGHTS — European Union trade mark application No 18 338 780

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 April 2023 in Case R 2128/2022-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-522/20 OST: Order of the General Court of 25 July 2023 — Carpatair v Commission (Article 165 of the Rules of Procedure of the General Court — Failure to adjudicate — None — Intervention in support of the unsuccessful party — Costs associated with the intervention)
Date: 2023-07-25
Institutions: General Court
Subjects: Romania, State aid, airport, control of State aid, legal expenses








C_202300216EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/216


23.10.2023





Order of the General Court of 25 July 2023 — Carpatair v Commission
(Case T-522/20 OST) (1)

(Article 165 of the Rules of Procedure of the General Court - Failure to adjudicate - None - Intervention in support of the unsuccessful party - Costs associated with the intervention)
(C/2023/216)
Language of the case: English

Parties


Applicant: Carpatair SA (Timişoara, Romania) (represented by: J. Rivas Andrés and A. Manzaneque Valverde, lawyers)

Defendant: European Commission (represented by: F. Tomat and C. Georgieva, acting as Agents)

Interveners in support of the defendant: Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) (Budapest, Hungary) (represented by: E. Vahida, S. Rating and I.-G. Metaxas-Maranghidis, lawyers), Societatea Națională ‘Aeroportul Internaţional Timişoara — Traian Vuia’ SA (AITTV) (Ghiroda, Romania) (represented by: V. Power, R. Hourihan, T. O’Donnell and E. Bermingham, Solicitors)

Re:

By its application pursuant to Article 165 of the Rules of Procedure of the General Court, the applicant requests that an alleged failure to adjudicate on costs in the judgment of 8 February 2023, Carpatair v Commission (T-522/20, EU:T:2023:51) be remedied.

Operative part of the order







1.


The present application is dismissed.










2.


Carpatair SA shall bear its own costs and pay those incurred by Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) in relation to the present application.










3.


Societatea Națională ‘Aeroportul Internaţional Timişoara — Traian Vuia’ SA (AITTV) shall bear its own costs in relation to the present application.






(1)  
            OJ C 378, 9.11.2020.


ELI: http://data.europa.eu/eli/C/2023/216/oj
ISSN 1977-091X (electronic edition)
Case T-426/23: Action brought on 25 July 2023 — Chiquita Brands v EUIPO — Compagnie financière de participation (Device of blue and yellow ovaloid shape)
Date: 2023-07-25
Institutions: General Court
Subjects: EU trade mark, confectionery, confectionery product, foodstuff, fresh fruit, fresh vegetable, fruit juice, processed foodstuff, registered trade mark, trade-mark law








C_2023321EN.01006301.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/63






Action brought on 25 July 2023 — Chiquita Brands v EUIPO — Compagnie financière de participation (Device of blue and yellow ovaloid shape)
(Case T-426/23)
(2023/C 321/70)
Language in which the application was lodged: English

Parties


Applicant: Chiquita Brands LLC (Fort Lauderdale, Florida, United States) (represented by: R. Dissmann and L. Jones, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Compagnie financière de participation (Marseille, France)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union figurative mark (Device of blue and yellow ovaloid shape — European Union trade mark No 7 497 191

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 23 May 2023 in Case R 2243/2021-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and reject the application for declaration of invalidity to the extent the trade mark at issue was declared invalid;










—


order EUIPO to pay the costs, including those incurred in the proceedings before EUIPO.





Pleas in law







—


Infringement of Articles 4 and 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the inherent distinctiveness of the trade mark at issue;










—


Infringement of Articles 7(3) and 59(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the acquired distinctiveness of the trade mark at issue.
Case T-131/23: Order of the General Court of 25 July 2023 — Nardi v ECB (Action for damages — Economic and monetary policy — Statement by the President of the ECB at a press conference — Division of powers between the decision-making bodies of the ECB — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link — Action manifestly lacking any foundation in law)
Date: 2023-07-25
Institutions: General Court
Subjects: fundamental rights, indemnification, operation of the Institutions, president of an institution, press release








C_202300140EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/140


16.10.2023





Order of the General Court of 25 July 2023 — Nardi v ECB
(Case T-131/23) (1)

(Action for damages - Economic and monetary policy - Statement by the President of the ECB at a press conference - Division of powers between the decision-making bodies of the ECB - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link - Action manifestly lacking any foundation in law)
(C/2023/140)
Language of the case: Italian

Parties


Applicant: Anna Nardi (Naples, Italy) (represented by: M. De Siena, lawyer)

Defendant: European Central Bank (represented by: O. Heinz, M. Ioannidis, L. Cardone and M. Szablewska, acting as Agents)

Re:

By her action under Article 268 TFEU, the applicant seeks compensation in respect of the harm which she claims to have suffered as a result of a statement made by the President of the European Central Bank (ECB) on 12 March 2020.

Operative part of the order







1.


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










2.


Ms Anna Nardi shall pay the costs.






(1)  
            OJ C 179, 22.5.2023.


ELI: http://data.europa.eu/eli/C/2023/140/oj
ISSN 1977-091X (electronic edition)
Case T-432/23: Action brought on 25 July 2023 — Universität Koblenz v EACEA
Date: 2023-07-25
Institutions: General Court
Subjects: EU aid, financial aid, proof, reimbursement of aid, university








C_2023321EN.01006402.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/64






Action brought on 25 July 2023 — Universität Koblenz v EACEA
(Case T-432/23)
(2023/C 321/72)
Language of the case: German

Parties


Applicant: Universität Koblenz (represented by: R. Di Prato and C. von der Lühe, lawyers)

Defendant: European Education and Culture Executive Agency

Form of order sought

The applicant claims that the Court should:






—


declare that the claims for recovery in respect of Grant Agreement 2012-3028 in the amount of EUR 197 216,97 made by letter of the defendant of 12 May 2023 under reference EACEA/530181(2012-3028)23D001392 have no basis;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant claims that, notwithstanding the submission of supporting evidence, reimbursable costs were not fully recognised. The evidence and observations submitted by the applicant were in part not sufficiently assessed. The requirements imposed by the defendant regarding the provision of evidence are excessive and are not covered by the spirit and purpose of the provisions of the Grant Agreement in question.
Council Decision of 25 July 2023 appointing one member and one alternate member of the Management Board of the European Agency for Safety and Health at Work for Hungary 2023/C 264/06
Date: 2023-07-25
Institutions: Council of the European Union
Subjects: European Agency for Safety and Health at Work, Hungary, appointment of members, decision-making body (EU)




C_2023264EN.01003901.xml










27.7.2023   


EN


Official Journal of the European Union


C 264/39






COUNCIL DECISION
of 25 July 2023
appointing one member and one alternate member of the Management Board of the European Agency for Safety and Health at Work for Hungary
(2023/C 264/06)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94 (1), and in particular Article 4 thereof,
Having regard to the lists of candidates for appointment submitted to the Council by the Governments of the Member States and by the employees’ and the employers’ organisations,
Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
Whereas:






(1)


By its Decision of 28 March 2023 (2), the Council appointed members and alternate members of the Management Board of EU-OSHA for the period from 1 April 2023 to 31 March 2027.










(2)


The employees’ organisation ETUC has submitted further proposals for two posts to be filled for Hungary,




HAS ADOPTED THIS DECISION:

Article 1
The following persons are appointed member and alternate member of the Management Board of EU-OSHA for the period ending on 31 March 2027:






 


REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS







Member State


Member


Alternate member




Hungary


Ms Sára FELSZEGHI


Mr László MISKÉRI










Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 25 July 2023.


For the Council


The President

L. PLANAS PUCHADES




(1)  OJ L 30, 31.1.2019, p. 58.

(2)  Council Decision of 28 March 2023 appointing the members and alternate members of the Management Board of the European Agency for Safety and Health at Work (EU-OSHA) (OJ C 116, 31.3.2023, p. 19).
New national side of euro coins intended for circulation 2023/C 262/05
Date: 2023-07-25
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Greece, commemoration, euro, issuing of currency




C_2023262EN.01000501.xml










25.7.2023   


EN


Official Journal of the European Union


C 262/5






New national side of euro coins intended for circulation
(2023/C 262/05)






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

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: Greece

Subject of commemoration: 100 years from the birth of Maria Callas

Description of the design: The design features a portrait of the legendary Greek soprano Maria Callas. Inscribed along the inner edge is the wording ‘100 YEARS FROM THE BIRTH OF MARIA CALLAS’, and at the right the minting year ‘2023’ and a palmette (mintmark of the Greek Mint); below the portrait runs the inscription ‘HELLENIC REPUBLIC’.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 750 000

Date of issue: July 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-425/23: Action brought on 25 July 2023 — Consejo Regulador ‘Aceite de Jaén’ v EUIPO — Agrícola La Loma (VEGA DEL OBISPO BIO Jaén PRODUCTOS ECOLÓGICOS)
Date: 2023-07-25
Institutions: General Court
Subjects: EU trade mark, agricultural product, fruit, olive oil, processed food product, processed foodstuff, registered trade mark, trade-mark law, vegetable








C_2023321EN.01006201.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/62






Action brought on 25 July 2023 — Consejo Regulador ‘Aceite de Jaén’ v EUIPO — Agrícola La Loma (VEGA DEL OBISPO BIO Jaén PRODUCTOS ECOLÓGICOS)
(Case T-425/23)
(2023/C 321/69)
Language in which the application was lodged: Spanish

Parties


Applicant: Consejo Regulador de la Indicación Geográfica Protegida ‘Aceite de Jaén’ (Mengíbar, Spain) (represented by: F. Muñoz Calvo, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Agrícola La Loma S. Coop. Andaluza (Torreblascopedro, Spain)

Details of the proceedings before EUIPO


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

Trade mark at issue: EU figurative mark VEGA DEL OBISPO BIO Jaén PRODUCTOS ECOLÓGICOS — EU trade mark No 18 326 674

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 1 June 2023 in the Case R 1119/2022-1

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision.










—


Refer the proceedings back to the Board of Appeal for a lawful decision declaring the partial invalidity of the mark at issue.










—


Order EUIPO to pay the costs.





Pleas in law







—


Procedural infringement of the adversarial principle and the causing of a situation of defencelessness for the applicant.










—


Infringement of Article 7(1)(f) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on account of breach of EU public policy through the non-compliance with European legislation on the retail marketing of olive oils.










—


Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as a result of the risk of deception inherent in the trade mark at issue.










—


Infringement of Article 7(1)(j) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on account of infringement of the Community legal framework on protected geographical designations.
Case T-433/23: Action brought on 25 July 2023 — Webedia Gaming v EUIPO (GamePro)
Date: 2023-07-25
Institutions: General Court
Subjects: EU trade mark, advertising, computer equipment, consultancy, data processing, electronic publishing, recruitment, registered trade mark, software, trade-mark law








C_2023321EN.01006501.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/65






Action brought on 25 July 2023 — Webedia Gaming v EUIPO (GamePro)
(Case T-433/23)
(2023/C 321/73)
Language of the case: German

Parties


Applicant: Webedia Gaming GmbH (Munich, Germany) (represented by: O. Spieker, lawyer)

Defendant: European Union Intellectual Property Office

Details of the proceedings before EUIPO


Trade mark at issue: Application for EU figurative mark GamePro — Application No 18 181 227

Contested decision: Decision of the First Board of Appeal of EUIPO of 24 May 2023 in Case R 1246/2022-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far as the appeal was dismissed;










—


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










—


Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Council Decision of 25 July 2023 appointing the Executive Director of the European Union Intellectual Property Office 2023/C 275/07
Date: 2023-07-25
Institutions: Council of the European Union
Subjects: European Union Intellectual Property Office, administrator, appointment of members, managing director




C_2023275EN.01001801.xml










4.8.2023   


EN


Official Journal of the European Union


C 275/18






COUNCIL DECISION
of 25 July 2023
appointing the Executive Director of the European Union Intellectual Property Office
(2023/C 275/07)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (1), and in particular Article 158(2) thereof,
Whereas:






(1)


The term of office of the current Executive Director of the European Union Intellectual Property Office (EUIPO) ends on 30 September 2023. It is therefore necessary to appoint a new Executive Director of the EUIPO.










(2)


By letter of 6 June 2023, the Management Board of the EUIPO submitted to the Council a list of candidates for the post of Executive Director of the EUIPO,




HAS ADOPTED THIS DECISION:

Article 1

1.   Mr João Nuno MAROCO AMARAL NEGRÃO is hereby appointed as Executive Director of the European Union Intellectual Property Office for a term of five years.


2.   The five-year term referred to in paragraph 1 shall commence on 1 October 2023.



Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.


Done at Brussels, 25 July 2023.


For the Council


The President

L. PLANAS PUCHADES




(1)  OJ L 154, 16.6.2017, p. 1.
Case T-424/22: Order of the General Court of 25 July 2023 — D’Agostino and Dafin v ECB (Action for damages — Economic and monetary policy — Statement by the President of the ECB at a press conference — Division of powers between the decision-making bodies of the ECB — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link — Action manifestly lacking any foundation in law)
Date: 2023-07-25
Institutions: General Court
Subjects: fundamental rights, indemnification, operation of the Institutions, president of an institution, press release








C_202300137EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/137


16.10.2023





Order of the General Court of 25 July 2023 — D’Agostino and Dafin v ECB
(Case T-424/22) (1)

(Action for damages - Economic and monetary policy - Statement by the President of the ECB at a press conference - Division of powers between the decision-making bodies of the ECB - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link - Action manifestly lacking any foundation in law)
(C/2023/137)
Language of the case: Italian

Parties


Applicants: Vincenzo D’Agostino (Naples, Italy), Dafin Srl (Casandrino, Italy) (represented by: M. De Siena, lawyer)

Defendant: European Central Bank (represented by: O. Heinz, M. Ioannidis, L. Cardone and M. Szablewska, acting as Agents)

Re:

By their action under Article 268 TFEU, the applicants seek compensation in respect of the harm which they claim to have suffered as a result of a statement made by the President of the European Central Bank (ECB) on 12 March 2020.

Operative part of the order







1.


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










2.


Mr Vincenzo D’Agostino and Dafin Srl shall pay the costs.






(1)  
            OJ C 340, 5.9.2022.


ELI: http://data.europa.eu/eli/C/2023/137/oj
ISSN 1977-091X (electronic edition)
Council Decision of 25 July 2023 appointing one alternate member of the Advisory Committee on Safety and Health at Work for Hungary 2023/C 264/04
Date: 2023-07-25
Institutions: Council of the European Union
Subjects: Hungary, advisory committee (EU), appointment of members, occupational safety




C_2023264EN.01003501.xml










27.7.2023   


EN


Official Journal of the European Union


C 264/35






COUNCIL DECISION
of 25 July 2023
appointing one alternate member of the Advisory Committee on Safety and Health at Work for Hungary
(2023/C 264/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decision of 24 February 2022 (2), the Council appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2022 to 28 February 2025.










(2)


The government of Hungary has submitted a nomination for one post to be filled,




HAS ADOPTED THIS DECISION:

Article 1
The following person is appointed alternate member of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2025:
TRADE- UNION REPRESENTATIVES






Member State


Alternate Member




Hungary


Ms Sára FELSZEGHI






Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 25 July 2023.


For the Council


The President

L. PLANAS PUCHADES




(1)  OJ C 218, 13.9.2003, p. 1.

(2)  Council Decision of 24 February 2022 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work (OJ C 92, 25.2.2022, p. 1).