do-me/EUR-LEX huggingface dataset:
Case T-44/24: Action brought on 29 January 2024 — Porczyńska v EUIPO — Gap (ITM) (gappol)
Date: 2024-01-29
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_202401884EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1884


11.3.2024





Action brought on 29 January 2024 — Porczyńska v EUIPO — Gap (ITM) (gappol)
(Case T-44/24)
(C/2024/1884)
Language in which the application was lodged: Polish

Parties


Applicant: Marzena Porczyńska (Łódź, Poland) (represented by: P. Matyjek, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gap (ITM), Inc. (San Francisco, California, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘gappol’ — EU trade mark No 15 218 092

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 4 December 2023 in Case R 634/2023-5

Form of order sought

The applicant claims that the Court should:






—


annul the decisions at first and second instance in their entirety and discontinue the proceedings; or alternatively:










—


amend the contested decision by annulling the contested decision at first and second instance and dismissing the GAP application in its entirety; or alternatively:










—


annul the contested decision at first and second instance and refer the case back to EUIPO for a fresh decision at first instance;










—


irrespective of the decision on the merits, order GAP to pay the costs of the proceedings, including the costs of legal representation, to Marzena Porczyńska.





Pleas in law







—


Infringement of Article 60(1)(a) read in conjunction with Article 8(1)(b) and Article 8(5) of Regulation 2017/1001;










—


Infringement of Articles 61(1), 61(3), 109(1) and 120(1)(b) of Regulation 2017/1001;










—


Infringement of Article 64(2) and (3) of Regulation 2017/1001 and Article 19(2) Regulation 2018/625.






ELI: http://data.europa.eu/eli/C/2024/1884/oj
ISSN 1977-091X (electronic edition)
Recommendation of the European Central Bank of 29 January 2024 to the Council of the European Union on the external auditors of Banque centrale du Luxembourg (ECB/2024/3)
Date: 2024-01-29
Institutions: European Central Bank
Subjects: European System of Central Banks, Luxembourg, accountant, auditing, central bank, euro area








C_202401363EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1363


6.2.2024







            RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
         
of 29 January 2024
         
to the Council of the European Union on the external auditors of Banque centrale du Luxembourg (ECB/2024/3)
(C/2024/1363)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

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


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:







(1)


The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.












(2)


The mandate of Banque centrale du Luxembourg’s current external auditors, Ernst & Young S.A, ends after the audit for the financial year 2023. It is therefore necessary to appoint external auditors from the financial year 2024.












(3)


Banque centrale du Luxembourg has selected KPMG Audit S. à r.l. as its external auditors for the financial years 2024 to 2028,





HAS ADOPTED THIS RECOMMENDATION:


It is recommended that KPMG Audit S. à r.l. should be appointed as the external auditors of Banque centrale du Luxembourg for the financial years 2024 to 2028.



Done at Frankfurt am Main, 29 January 2024.


The President of the ECB

Christine LAGARDE
            





ELI: http://data.europa.eu/eli/C/2024/1363/oj
ISSN 1977-091X (electronic edition)
Case C-75/24 P: Appeal brought on 29 January 2024 by XH against the judgment of the General Court (Fourth Chamber) delivered on 22 November 2023 in Case T-613/21, XH v Commission
Date: 2024-01-29
Institutions: Court of Justice
Subjects: European official, incapacity for work, legal aid, right to justice, staff regulations (EU)








C_202403148EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3148


21.5.2024






Appeal brought on 29 January 2024 by XH against the judgment of the General Court (Fourth Chamber) delivered on 22 November 2023 in Case T-613/21, XH v Commission


(Case C-75/24 P)

(C/2024/3148)
Language of the case: English

Parties


Appellant: XH (represented by: P. Nowak, adwokat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


by consequence, give the appellant the benefit of her requests;










—


annul the decision of 04/12/2020, Ares(2020)7335515, D/374/20 concerning refusal of the Appellant's request for assistance of 1/08/2020 and the decision of 2/07/2021, R/138/21, Ares(2021), in response of the complaint filed by the Appellant on 28/02/2021, the decision of 26/05/2021 Ares(2021)3466486 concerning opening of invalidity procedure and the decision issued by the Appointing Authority on 30/09/2021, ARES(2021)5949362, R/301/21 in response of the complaint filed by the Appellant on 31/05/2021;










—


order the Commission to bear the costs of the present appeal and of the procedure at first instance.





Pleas in law and main arguments

The General Court has manifestly erred in its assessment of the evidence, distorted the elements of the file and erred in law – breach of Articles 12, 12a and 24 and 90 of the Staff Regulations, failure to apply Article 56 of the Staff Regulations.
The Court has erred in law, distorted the elements of the file and has infringed its obligation of motivation in rejecting the first and second pleas alleging manifest error of assessment, breach of the duty of care and of the principles of sound administration and fair trial.


ELI: http://data.europa.eu/eli/C/2024/3148/oj
ISSN 1977-091X (electronic edition)
Case C-61/24, Lindenbaumer: Request for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 29 January 2024 - DL v PQ
Date: 2024-01-29
Institutions: Court of Justice
Subjects: diplomatic profession, divorce, judicial cooperation in civil matters in the EU, private international law, residence, social integration








C_202402925EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2925


6.5.2024






Request for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 29 January 2024 - DL v PQ


(Case C-61/24, Lindenbaumer)
                (1)

(C/2024/2925)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Defendant and appellant in the appeal on a point of law: DL

Applicant and respondent in the appeal on a point of law: PQ

Question referred

Which criteria should be used to determine where the spouses are habitually resident within the meaning of Article 8(a) and (b) of the Rome III Regulation? (2) In particular:






—


does a posting as a diplomat affect or even preclude the assumption of habitual residence in the receiving State?










—


must the physical presence of the spouses in a State be of a certain duration before it can be assumed that habitual residence had been established there?










—


does the establishment of habitual residence require a certain degree of social and family integration in the State in question?






(1)  The present case is designated by a fictitious name which does not correspond to the actual name of a party to the proceedings.

(2)  Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (OJ 2010 L 343, p. 10).


ELI: http://data.europa.eu/eli/C/2024/2925/oj
ISSN 1977-091X (electronic edition)
Case T-46/24: Action brought on 29 January 2024 — Coinbase v EUIPO — bitFlyer (coinbase)
Date: 2024-01-29
Institutions: General Court
Subjects: EU trade mark, commodities exchange, electronic commerce, financial management, financial services, registered trade mark, software, stock exchange, trade-mark law, virtual currency








C_202402053EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/2053


18.3.2024





Action brought on 29 January 2024 — Coinbase v EUIPO — bitFlyer (coinbase)
(Case T-46/24)
(C/2024/2053)
Language in which the application was lodged: English

Parties


Applicant: Coinbase, Inc. (Oakland, California, United States) (represented by: M. Maier and A. Nordemann, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: bitFlyer Inc. (Tokyo, Japan)

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: International registration designating the European Union in respect of the word mark coinbase — International registration designating the European Union No 1 308 248

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 29 November 2023 in Case R 1751/2020-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to bear the costs of the proceedings.





Plea in law

Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.


ELI: http://data.europa.eu/eli/C/2024/2053/oj
ISSN 1977-091X (electronic edition)
Case C-67/24, Amozov: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 29 January 2024 – R.K. v K.Ch., D.K., E.K.
Date: 2024-01-29
Institutions: Court of Justice
Subjects: Canada, dual nationality, judicial cooperation in civil matters in the EU, jurisdiction, maintenance obligation, residence, third country








C_202402732EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2732


29.4.2024






Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 29 January 2024 – R.K. v K.Ch., D.K., E.K.


(Case C-67/24, Amozov)
                (1)

(C/2024/2732)
Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings


Applicant: R.K.

Defendants: K.Ch., D.K., E.K.

Questions referred







1.


Must recital 15 of Council Regulation (EC) No 4/2009 (2) of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, be interpreted as
allowing national case-law according to which the international jurisdiction of courts examining applications for maintenance payments for persons who are habitually resident in a third State (in this case Canada) is determined pursuant to national law and not the regulation?










2.


Must Articles 3 and 8 of Regulation (EC) No 4/2009 be interpreted as
allowing national case-law according to which the concept ‘application for maintenance payments’ does not cover an application for a reduction in maintenance payments and Articles 3 to 6 of the regulation apply only to applications for the granting of maintenance payments?










3.


Must Article 6 of Regulation (EC) No 4/2009 be interpreted as meaning that the concept ‘common nationality’ also covers cases where one or more parties have dual nationality, or does it only cover cases of completely identical nationalities?










4.


Must Article 7 of Regulation (EC) No 4/2009 be interpreted as
allowing, where the maintenance debtor makes an application for a reduction in the maintenance payments, that application to be regarded as an ‘exceptional’ case where the maintenance creditor is habitually resident in a third State and has no other connection with the European Union other than his or her nationality?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  
            OJ 2009 L 7, p. 1.


ELI: http://data.europa.eu/eli/C/2024/2732/oj
ISSN 1977-091X (electronic edition)
Commission Implementing Regulation (EU) 2024/445 of 29 January 2024 entering a name in the register of protected designations of origin and protected geographical indications (Aydın Memecik Zeytinyağı (PDO))
Date: 2024-01-29
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Türkiye, designation of origin, labelling, olive oil, product designation








L_202400445EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/445


5.2.2024







            COMMISSION IMPLEMENTING REGULATION (EU) 2024/445
of 29 January 2024
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Aydın Memecik Zeytinyağı’ (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Türkiye’s application to register the name ‘Aydın Memecik Zeytinyağı’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Aydın Memecik Zeytinyağı’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Aydın Memecik Zeytinyağı’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.5 – Oils and fats (butter, margarine, oil, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 29 January 2024.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/1151/oj

(2)  
            OJ C, C/2023/384, 18.10.2023, ELI: http://data.europa.eu/eli/C/2023/384/oj


(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36, ELI: http://data.europa.eu/eli/reg_impl/2014/668/oj).


ELI: http://data.europa.eu/eli/reg_impl/2024/445/oj
ISSN 1977-0677 (electronic edition)
Council Decision of 29 January 2024 on the appointment of the member of the European Statistical Advisory Committee representing the Council
Date: 2024-01-29
Institutions: Council of the European Union
Subjects: EU statistics, advisory committee (EU), appointment of members








C_202401454EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1454


8.2.2024







            COUNCIL DECISION
         
of 29 January 2024
         
on the appointment of the member of the European Statistical Advisory Committee representing the Council
(C/2024/1454)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1),


Having regard to the recommendation of the Economic and Financial Committee of 12 December 2023,

Whereas:







(1)


The term of the current representative of the Council to the European Statistical Advisory Committee, Mr Maurizio VICHI, expired on 31 March 2023.












(2)


It is therefore necessary to appoint a new member representing the Council in the European Statistical Advisory Committee,





HAS ADOPTED THIS DECISION:



Article 1
Ms Ylva HEDÉN WESTERDAHL is hereby appointed as the member representing the Council in the European Statistical Advisory Committee for a term of five years.


Article 2
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 29 January 2024.


For the Council


The President

H. LAHBIB
            





(1)  
            OJ L 73, 15.3.2008, p. 13.


ELI: http://data.europa.eu/eli/C/2024/1454/oj
ISSN 1977-091X (electronic edition)
Non-opposition to a notified concentration (Case M.11369 – TA ASSOCIATES / WARBURG PINCUS / EXERCITE GROUP)
Date: 2024-01-29
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy industry, financial services, health care, investment company, merger control, occupational health, service, technology, telecommunications








C_202401900EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1900


28.2.2024






Non-opposition to a notified concentration
(Case M.11369 – TA ASSOCIATES / WARBURG PINCUS / EXERCITE GROUP)
(Text with EEA relevance)
(C/2024/1900)

On 29 January 2024, 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 32024M11369. 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/2024/1900/oj
ISSN 1977-091X (electronic edition)
Council Decision (CFSP) 2024/421 of 29 January 2024 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
Date: 2024-01-29
Institutions: Council of the European Union
Subjects: EU restrictive measure, Tunisia, economic sanctions, international sanctions, natural person




L_202400421EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/421


30.1.2024







            COUNCIL DECISION (CFSP) 2024/421
of 29 January 2024
         
amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 29 thereof,


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

Whereas:







(1)


On 31 January 2011, the Council adopted Decision 2011/72/CFSP (1) concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia.












(2)


On the basis of a review of Decision 2011/72/CFSP, the restrictive measures should be extended until 31 January 2025 and, in the Annex to that Decision, the entries for three persons should be deleted.












(3)


Decision 2011/72/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2011/72/CFSP is amended as follows:






(1)


Article 5 is replaced by the following:

‘Article 5


1.   This Decision shall apply until 31 January 2025.


2.   This Decision shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’
;









(2)


the Annex is amended in accordance with the Annex to this Decision.






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




Done at Brussels, 29 January 2024.


For the Council


The President

H. LAHBIB
            





(1)  Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ L 28, 2.2.2011, p. 62).




ANNEX
In sections A and B of the Annex to Decision 2011/72/CFSP, the entries for the following persons are deleted:

14.   

Samira Bent Mohamed Ben Rhouma TRABELSI;



26.   

Dorsaf Bent Zine El Abidine Ben Haj Hamda BEN ALI;



27.   

Sirine (Cyrine) Bent Zine El Abidine Ben Haj Hamda BEN ALI.





ELI: http://data.europa.eu/eli/dec/2024/421/oj
ISSN 1977-0677 (electronic edition)