do-me/EUR-LEX huggingface dataset:
Case T-603/23: Judgment of the General Court of 11 September 2024 – Borco-Marken-Import Matthiesen v EUIPO – Belles Marks (KINGSBURY) (EU trade mark – Opposition proceedings – Application for the EU word mark KINGSBURY – Earlier EU word mark FINSBURY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2024-09-11
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_202406260EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6260


28.10.2024






Judgment of the General Court of 11 September 2024 – Borco-Marken-Import Matthiesen v EUIPO – Belles Marks (KINGSBURY)


(Case T-603/23)
                (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark KINGSBURY - Earlier EU word mark FINSBURY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(C/2024/6260)
Language of the case: English

Parties


Applicant: Borco-Marken-Import Matthiesen GmbH & Co. KG (Hamburg, Germany) (represented by: A. Marx and K. Wagner, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Belles Marks LTD (Larnaca, Cyprus)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 July 2023 (Case R 481/2023-1).

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 July 2023 (Case R 481/2023-1);










2.


Orders EUIPO to bear its own costs and to pay those incurred by Borco-Marken-Import Matthiesen GmbH & Co. KG.






(1)  
            OJ C C/2023/774, 20.11.2023.


ELI: http://data.europa.eu/eli/C/2024/6260/oj
ISSN 1977-091X (electronic edition)
Case T-192/22: Judgment of the General Court of 11 September 2024 – Polynt v ECHA (REACH – Compliance check of registrations – Substance 1,3-dioxo-2-benzofuran-5-carboxylic acid with nonan-1-ol – Failure to respond to the compliance check decision – Article 50 of Regulation (EC) No 1907/2006 – Proportionality)
Date: 2024-09-11
Institutions: General Court
Subjects: chemical product, market approval, principle of proportionality








C_202406425EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6425


4.11.2024






Judgment of the General Court of 11 September 2024 – Polynt v ECHA


(Case T-192/22)
                (1)

(REACH - Compliance check of registrations - Substance 1,3-dioxo-2-benzofuran-5-carboxylic acid with nonan-1-ol - Failure to respond to the compliance check decision - Article 50 of Regulation (EC) No 1907/2006 - Proportionality)
(C/2024/6425)
Language of the case: English

Parties


Applicant: Polynt SpA (Scanzorosciate, Italy) (represented by: C. Mereu and I. Zonca, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, L. Lourenço, and W. Broere, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the letter sent to the Italian authorities by the European Chemicals Agency (ECHA) on 4 February 2022, by which ECHA, first, found that the applicant had failed to respond to its compliance check decision of 18 December 2017, adopted under Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, and corrigendum OJ 2007 L 136, p. 3), and, secondly, requested those authorities to take all the necessary measures to secure implementation of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Polynt SpA to pay the costs.






(1)  
            OJ C 222, 7.6.2022.


ELI: http://data.europa.eu/eli/C/2024/6425/oj
ISSN 1977-091X (electronic edition)
Case T-560/22: Judgment of the General Court of 11 September 2024 – Fachverband Eisenhüttenschlacken v Commission (EU fertilising products – Regulation (EU) 2019/1009 – Delegated Regulation (EU) 2022/973 – Limit values for chromium and vanadium in EU fertilising products using ferrous slags as by-products – Criteria on agronomic efficiency and safety for the use of by-products in fertilising products – Precautionary principle – Legal certainty – Proportionality – Obligation to state reasons)
Date: 2024-09-11
Institutions: General Court
Subjects: chromium, ferrous metal, fertiliser, market approval, metal by-product, precautionary principle, principle of legal certainty, principle of proportionality, technical specification, vanadium








C_202406253EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6253


28.10.2024






Judgment of the General Court of 11 September 2024 – Fachverband Eisenhüttenschlacken v Commission


(Case T-560/22)
                (1)

(EU fertilising products - Regulation (EU) 2019/1009 - Delegated Regulation (EU) 2022/973 - Limit values for chromium and vanadium in EU fertilising products using ferrous slags as by-products - Criteria on agronomic efficiency and safety for the use of by-products in fertilising products - Precautionary principle - Legal certainty - Proportionality - Obligation to state reasons)
(C/2024/6253)
Language of the case: German

Parties


Applicant: Fachverband Eisenhüttenschlacken eV (Duisburg, Germany) (represented by: G. Franßen and C. Koenig, lawyers)

Defendant: European Commission (represented by: C. Hermes and R. Lindenthal, Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of Article 2(3)(a) and (c) of Commission Delegated Regulation (EU) 2022/973 of 14 March 2022 supplementing Regulation (EU) 2019/1009 of the European Parliament and of the Council by laying down criteria on agronomic efficiency and safety for the use of by-products in EU fertilising products (OJ 2022 L 167, p. 29) so far as concerns the ferrous slags referred to in Article 2(1)(e) of Regulation 2022/973.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Fachverband Eisenhüttenschlacken eV to pay the costs.






(1)  
            OJ C 424, 7.11.2022.


ELI: http://data.europa.eu/eli/C/2024/6253/oj
ISSN 1977-091X (electronic edition)
Action brought on 11 September 2024 by the EFTA Surveillance Authority against Iceland (Case E-20/24)
Date: 2024-09-11
Institutions: EFTA Court
Subjects: EU financial instrument, European Economic Area, Iceland, contract, financial derivative, financial regulation, monetary relations, technical standard








C_202406369EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6369


24.10.2024






Action brought on 11 September 2024 by the EFTA Surveillance Authority against Iceland
(Case E-20/24)
(C/2024/6369)

An action against Iceland was brought before the EFTA Court on 11 September 2024 by the EFTA Surveillance Authority, represented by Sigurbjörn Bernharð Edvardsson, Sigrún Ingibjörg Gísladóttir and Melpo-Menie Joséphidès, acting as Agents of the EFTA Surveillance Authority, Avenue de Arts 19H, 1000 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the Act referred to at point 31bcp of Annex IX to the EEA Agreement (Commission Delegated Regulation (EU) 2022/750 of 8 February 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2015/2205 as regards the transition to new benchmarks referenced in certain OTC derivative contracts), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order, and










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


By this application, the EFTA Surveillance Authority (‘ESA’) seeks a declaration from the Court that Iceland has failed to adopt the measures necessary to make the Act referred to at point 31bcp of Annex IX to the EEA Agreement, as adapted by Protocol 1 to that Agreement, part of its internal legal order, as required by Article 7 EEA.










—


Iceland did not reply to ESA4s letter of formal notice of 18 August 2023.










—


ESA delivered a reasoned opinion on 21 February 2024 giving Iceland two months in which to take the measures necessary to comply with the reasoned opinion.










—


No response from Iceland was received by ESA within the time-frame specified in the reasoned opinion.










—


Since Iceland had not complied with the reasoned opinion by the deadline set therein, i.e. by 21 April 2024, ESA decided to refer the matter to the Court, pursuant to Article 31 SCA.










—


ESA notes that, at the point of lodging the present application, Iceland had not informed ESA of any measures adopted to make the Act part of its internal legal order. Moreover, ESA was not in possession of any other information which indicated that the act had been made part of Iceland4s internal legal order.






ELI: http://data.europa.eu/eli/C/2024/6369/oj
ISSN 1977-091X (electronic edition)
Case C-591/24, Golf Bulgaria: Request for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria) lodged on 11 September 2024 – Golf Bulgaria EOOD v Savet za elektronni medii
Date: 2024-09-11
Institutions: Court of Justice
Subjects: freedom of expression, law of states, mass media, provision of services, right of establishment, services of general interest








C_202406922EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6922


25.11.2024






Request for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria) lodged on 11 September 2024 – ‘Golf Bulgaria’ EOOD v Savet za elektronni medii


(Case C-591/24, Golf Bulgaria)

(C/2024/6922)
Language of the case: Bulgarian

Referring court

Administrativen sad Sofia-grad

Parties to the main proceedings


Applicant and appellant in cassation:
            ‘Golf Bulgaria’ EOOD

Defendant and respondent in cassation: Savet za elektronni medii

Question referred

Is it permissible under EU law for national legislation, by incorporating into national law a general principle of law as constituted by the observance of ‘accepted standards of morality’, to make it possible for the Member State to introduce additional measures, to the effect, inter alia, that the liability of a particular information society service within the meaning of Directive 2010/13 (1) is established on the basis of the observance of accepted standards of morality, and, if so, to what extent does the application of that abstract principle as the basis for liability for infringements not restrict the freedom of expression under Article 11 of the Charter of Fundamental Rights of the European Union?


(1)  Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (OJ 2010 L 95, p. 1).


ELI: http://data.europa.eu/eli/C/2024/6922/oj
ISSN 1977-091X (electronic edition)
Action brought on 11 September 2024 by the EFTA Surveillance Authority against Iceland (Case E-22/24)
Date: 2024-09-11
Institutions: EFTA Court
Subjects: European Economic Area, Iceland, contract, financial derivative, financial legislation, payment system








C_202406366EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6366


24.10.2024






Action brought on 11 September 2024 by the EFTA Surveillance Authority against Iceland
(Case E-22/24)
(C/2024/6366)

An action against Iceland was brought before the EFTA Court on 11 September 2024 by the EFTA Surveillance Authority, represented by Sigurbjörn Bernharð Edvardsson, Sigrún Ingibjörg Gísladóttir and Melpo-Menie Joséphidès, acting as Agents of the EFTA Surveillance Authority, Avenue de Arts 19H, 1000 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the Act referred to at point 31bcp of Annex IX to the EEA Agreement (Commission Delegated Regulation (EU) 2023/315 of 25 October 2022 amending the regulatory technical standards laid down in Delegated Regulations (EU) 2015/2205, (EU) 2016/592 and (EU) 2016/1178 as regards the date at which the clearing obligation takes effect for certain types of contracts), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order, and










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


By this application, the EFTA Surveillance Authority (‘ESA’) seeks a declaration from the Court that Iceland has failed to adopt the measures necessary to make the Act referred to at point 31bcp of Annex IX to the EEA Agreement, as adapted by Protocol 1 to that Agreement, part of its internal legal order, as required by Article 7 EEA.










—


Iceland did not reply to ESA’s letter of formal notice of 18 August 2023.










—


ESA delivered a reasoned opinion on 21 February 2024 giving Iceland two months in which to take the measures necessary to comply with the reasoned opinion.










—


No response from Iceland was received by ESA within the time-frame specified in the reasoned opinion.










—


Since Iceland had not complied with the reasoned opinion by the deadline set therein, i.e. by 21 April 2024, ESA decided to refer the matter to the Court, pursuant to Article 31 SCA.










—


ESA notes that, at the point of lodging the present application, Iceland had not informed ESA of any measures adopted to make the Act part of its internal legal order. Moreover, ESA was not in possession of any other information which indicated that the act had been made part of Iceland’s internal legal order.






ELI: http://data.europa.eu/eli/C/2024/6366/oj
ISSN 1977-091X (electronic edition)
Joined Cases T-361/23 to T-364/23: Judgment of the General Court of 11 September 2024 – Väderstad v EUIPO (Position of a combination of presentational features) (EU trade mark – Applications for EU trade marks consisting of the position of a combination of presentational features – Subject matter of the dispute – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation 2017/1001)
Date: 2024-09-11
Institutions: General Court
Subjects: EU trade mark, agricultural machinery, registered trade mark, trade-mark law








C_202406259EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6259


28.10.2024






Judgment of the General Court of 11 September 2024 – Väderstad v EUIPO


(Position of a combination of presentational features)


(Joined Cases T-361/23 to T-364/23)
                (1)

(EU trade mark - Applications for EU trade marks consisting of the position of a combination of presentational features - Subject matter of the dispute - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation 2017/1001)
(C/2024/6259)
Language of the case: English

Parties


Applicant: Väderstad Holding AB (Väderstad, Sweden) (represented by: L. Webster, lawyer)

Defendant: European Union Intellectual Property Office (represented by: T. Klee, acting as Agent)

Re:

By its actions under Article 263 TFEU, the applicant seeks the annulment of the decisions of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 April 2023 (Cases R 58/2021-2 and R 59/2021-2) in so far as they concern ‘seed drills’ and ‘agricultural implements for seedbed preparation, levelling and reconsolidation of soil’, and of the decisions of the Second Board of Appeal of EUIPO of 13 April 2023 (Cases R 60/2021-2 and R 61/2021-2) in so far as they concern ‘planters’.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders each party to bear its own costs.






(1)  
            OJ C 304, 28.8.2023.


ELI: http://data.europa.eu/eli/C/2024/6259/oj
ISSN 1977-091X (electronic edition)
Case T-285/23: Order of the General Court of 11 September 2024 – Volta Charging v EUIPO – The Paper & Office Equipment Spain Ass (VOLTA)
Date: 2024-09-11
Institutions: General Court
Subjects: EU trade mark, electricity storage device, registered trade mark, trade-mark law








C_202406272EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6272


28.10.2024






Order of the General Court of 11 September 2024 – Volta Charging v EUIPO – The Paper & Office Equipment Spain Ass (VOLTA)


(Case T-285/23)
                (1)

(C/2024/6272)
Language of the case: English
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  
            OJ C 235, 3.7.2023.


ELI: http://data.europa.eu/eli/C/2024/6272/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11159 – JD SPORTS / COURIR)
Date: 2024-09-11
Institutions: Directorate-General for Competition, European Commission
Subjects: EU Member State, clothing, economic concentration, electronic commerce, footwear industry, merger control, retail trade, sports equipment, sports facilities, wholesale trade








C_202405513EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5513


11.9.2024






Prior notification of a concentration
(Case M.11159 – JD SPORTS / COURIR)
(Text with EEA relevance)
(C/2024/5513)


1.   
On 3 September 2024, 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:






—


JD Sports Fashion Plc Group (‘JD Sports’) (UK), ultimately controlled by Pentland Group Holdings Limited (‘Pentland’) (UK),










—


Groupe Courir SAS (Courir) (France), ultimately controlled by Equistone VI FPCI (France).




JD Sports will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Courir.
The concentration is accomplished by way of purchase of shares.
The same concentration was already notified to the Commission on 21 June 2024, but the notification was subsequently withdrawn on 7 August 2024.


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






—


JD Group is a sports goods retailer, focused on sports apparel and footwear. Worldwide, it operates under various retail fascia (both online and via over 3 300 physical brick-and-mortar stores), has a limited wholesale business and operates a number of gyms;










—


Courir is active in the retail sale of sportswear, including footwear, apparel, and accessories/equipment. In Europe, Courir operates over 300 stores, located in Belgium, Denmark, France, Luxembourg, Netherlands, Portugal and Spain. Via the online channel, it generates revenues in all EU countries other than Malta.






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.



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.11159 – JD SPORTS / COURIR
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’).


ELI: http://data.europa.eu/eli/C/2024/5513/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11563 – MSC / CLASQUIN)
Date: 2024-09-11
Institutions: Directorate-General for Competition, European Commission
Subjects: air transport, carriage of goods, carriage of passengers, economic concentration, land transport, logistics, maritime transport, merger control








C_202405511EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5511


11.9.2024






Prior notification of a concentration
(Case M.11563 – MSC / CLASQUIN)
(Text with EEA relevance)
(C/2024/5511)


1.   
On 2 September 2024, 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:






—


SAS Lux Shipping Agencies Services S.à.r.l. (‘SAS Lux’, Luxembourg), indirectly controlled by MSC Mediterranean Shipping Company Holding SA (‘MSC’, Switzerland), the head entity of the MSC Group,










—


Clasquin S.A. (‘Clasquin’, France).




The MSC Group, through its subsidiary SAS Lux, will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Clasquin.
The concentration is accomplished in two successive stages by way of purchase of shares on the one hand and, on the other hand, by way of a public bid to purchase the remaining shares.


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






—


the MSC Group, a global operator in the container shipping, port handling and logistics sector, on the one hand, and in the maritime passenger transport sector, on the other hand,










—


Clasquin, active primarily in the cross-border freight forwarding sector, providing international air, sea and land freight solutions for various types of goods.






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.



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.11563 – MSC / CLASQUIN
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’).


ELI: http://data.europa.eu/eli/C/2024/5511/oj
ISSN 1977-091X (electronic edition)