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351 records in EU in 2022

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Record· TJCELEX 62021TJ0621decided

Judgment of the General Court (Sixth Chamber) of 26 October 2022.#Lemken GmbH & Co. KG v European Union Intellectual Property Office.#EU trade mark – Application for an EU trade mark consisting of a shade of sky blue – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001.#Case T-621/21.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62020TJ0714decided

Judgment of the General Court (Fifth Chamber) of 26 October 2022.#Dmitry Vladimirovich Ovsyannikov v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Error of assessment.#Case T-714/20.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62021TJ0776decided

Judgment of the General Court (Second Chamber) of 26 October 2022.#Gameageventures LLP v European Union Intellectual Property Office.#EU trade mark – Application for EU figurative mark GAME TOURNAMENTS – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Right to be heard – Equal treatment – Principle of sound administration.#Case T-776/21.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62020TJ0298_INFdecided

Judgment of the General Court (First Chamber) of 26 October 2022.#KD v European Union Intellectual Property Office.#Civil service – Members of the temporary staff – 2019 Appraisal exercise – Appraisal report – Pre-litigation procedure – Admissibility – Obligation to state reasons – Rights of the defence – Duty of care – Liability – Non-material damage.#Case T-298/20.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62021TJ0621_INFdecided

Judgment of the General Court (Sixth Chamber) of 26 October 2022.#Lemken GmbH & Co. KG v European Union Intellectual Property Office.#EU trade mark – Application for an EU trade mark consisting of a shade of sky blue – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001.#Case T-621/21.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62021TJ0273decided

Judgment of the General Court (Fifth Chamber) of 26 October 2022 (Extracts).#The Bazooka Companies, Inc. v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a baby’s bottle – Genuine use of the mark – Point (a) of the second subparagraph of Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use of the mark – Form differing in elements which do not alter the distinctive character – Obligation to state reasons.#Case T-273/21.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62021TJ0776_INFdecided

Judgment of the General Court (Second Chamber) of 26 October 2022.#Gameageventures LLP v European Union Intellectual Property Office.#EU trade mark – Application for EU figurative mark GAME TOURNAMENTS – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Right to be heard – Equal treatment – Principle of sound administration.#Case T-776/21.

European Union · Court of Justice of the European Union · 26 October 2022

Decision· DCELEX 32022D2078in force

Council Decision (EU) 2022/2078 of 24 October 2022 on the position to be taken on behalf of the European Union within the International Maritime Organization’s Maritime Safety Committee during its 106th session and within the International Maritime Organization’s Marine Environment Protection Committee during its 79th session as regards the amendment of the International Convention for the Safety of Life at Sea (SOLAS), of the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (the ‘2011 ESP Code’) and of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL)

European Union · EUR-Lex · 24 October 2022

Proposal· PCCELEX 52022PC0536open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Regional Steering Committee of the Transport Community as regards the revision of the Regional Steering Committee rules of procedure, of the Staff Regulations, and on the introduction of the rules of procedure of the Conciliation Committee and of the rules on dispute settlement for the Transport Community Permanent Secretariat

European Union · European Commission · 21 October 2022

Record· COCELEX 62021CO0374_SUMdecided

Order of the Court (Ninth Chamber) of 20 October 2022.#Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v AB and Others.#Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Regulation (EC, Euratom) No 2988/95 – Own resources of the European Union – Protection of the European Union’s financial interests – Proceedings relating to irregularities – Article 4 – Adoption of administrative measures – Article 3(1) – Limitation period for proceedings – Expiry – Whether it may be relied on in the context of the enforced recovery procedure – Article 3(2) – Period for implementation – Applicability – Starting point of the limitation period – Interruption and suspension.#Case C-374/21.

European Union · Court of Justice of the European Union · 20 October 2022

Record· COCELEX 62021CO0576decided

Order of the Court (Tenth Chamber) of 20 October 2022.#Ana Carla Mendes de Almeida v Council of the European Union.#Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Appointment of one of the candidates nominated by the Portuguese Republic – Alleged infringement of the rules applicable to the appointment of European Prosecutors – Action for annulment – Time limit for bringing proceedings – Point from which time starts to run – Out of time – Appeal manifestly unfounded.#Case C-576/21 P.

European Union · Court of Justice of the European Union · 20 October 2022

Record· COCELEX 62022CO0446decided

Order of the Court of 20 October 2022.#Fidelity National Information Services, Inc. v European Union Intellectual Property Office.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed.#Case C-446/22 P.

European Union · Court of Justice of the European Union · 20 October 2022

Record· COCELEX 62021CO0576_INFdecided

Order of the Court (Tenth Chamber) of 20 October 2022.#Ana Carla Mendes de Almeida v Council of the European Union.#Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Appointment of one of the candidates nominated by the Portuguese Republic – Alleged infringement of the rules applicable to the appointment of European Prosecutors – Action for annulment – Time limit for bringing proceedings – Point from which time starts to run – Out of time – Appeal manifestly unfounded.#Case C-576/21 P.

European Union · Court of Justice of the European Union · 20 October 2022

Report· CCCELEX 62020CC0376decided

Opinion of Advocate General Kokott delivered on 20 October 2022.#European Commission v CK Telecoms UK Investments Ltd.#Appeal – Competition – Regulation (EC) No 139/2004 – Control of concentrations of undertakings – Mobile telecommunications services – Decision declaring a concentration incompatible with the internal market – Oligopolistic market – Significant impediment to effective competition – Non-coordinated effects – Standard of proof – European Commission’s margin of discretion with regard to economic matters – Limits of judicial review – Guidelines on horizontal mergers – Factors relevant to demonstrating a significant impediment to effective competition – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the parties to the concentration – Quantitative analysis of the effects of the proposed concentration on prices – Efficiencies – Distortion – Complaint raised by the General Court of the European Union of its own motion – Annulment.#Case C-376/20 P.

European Union · Court of Justice of the European Union · 20 October 2022

Record· COCELEX 62022CO0446_INFdecided

Order of the Court of 20 October 2022.#Fidelity National Information Services, Inc. v European Union Intellectual Property Office.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed.#Case C-446/22 P.

European Union · Court of Justice of the European Union · 20 October 2022

Record· COCELEX 62021CO0374decided

Order of the Court (Ninth Chamber) of 20 October 2022.#Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v AB and Others.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Regulation (EC, Euratom) No 2988/95 – Own resources of the European Union – Protection of the European Union’s financial interests – Proceedings relating to irregularities – Article 4 – Adoption of administrative measures – Article 3(1) – Limitation period for proceedings – Expiry – Whether it may be relied on in the context of the enforced recovery procedure – Article 3(2) – Period for implementation – Applicability – Starting point of the limitation period – Interruption and suspension.#Case C-374/21.

European Union · Court of Justice of the European Union · 20 October 2022

Record· TJCELEX 62020TJ0486_INFdecided

Judgment of the General Court (Third Chamber) of 19 October 2022.#Health and Happiness (H&H) Hong Kong Ltd v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – Trade mark including badges, emblems or escutcheons – Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) – Bad faith – Statement of reasons for the application for a declaration of invalidity – Article 63(2) of Regulation 2017/1001 – Scope of the examination which has to be carried out by EUIPO – Article 95(1) of Regulation 2017/1001 – Right to be heard – Article 41 of the Charter of Fundamental Rights.#Case T-486/20.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62020TJ0486decided

Judgment of the General Court (Third Chamber) of 19 October 2022.#Health and Happiness (H&H) Hong Kong Ltd v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – Trade mark including badges, emblems or escutcheons – Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) – Bad faith – Statement of reasons for the application for a declaration of invalidity – Article 63(2) of Regulation 2017/1001 – Scope of the examination which has to be carried out by EUIPO – Article 95(1) of Regulation 2017/1001 – Right to be heard – Article 41 of the Charter of Fundamental Rights.#Case T-486/20.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0437decided

Judgment of the General Court (Fifth Chamber) of 19 October 2022.#Greenwich Polo Club, Inc. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for the EU figurative mark GREENWICH POLO CLUB – Earlier EU word mark BEVERLY HILLS POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – Article 71 of Regulation 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625.#Case T-437/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0323decided

Judgment of the General Court (Sixth Chamber) of 19 October 2022.#Castel Frères v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character.#Case T-323/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0081decided

Judgment of the General Court (Second Chamber) of 19 October 2022.#"Sistem ecologica" production, trade and services d.o.o. Srbac v European Commission.#Regulation (EU, Euratom) No 883/2013 – Investigation into evasion of the conventional, countervailing and anti-dumping duties imposed on imports of biodiesel into the European Union – OLAF Communication to national customs authorities – OLAF investigation report – Action for annulment – Act not open to challenge – Claim for compensation – Sufficiently serious breach of a rule of law intended to confer rights on individuals.#Case T-81/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0231decided

Judgment of the General Court (Sixth Chamber) of 19 October 2022.#Praesidiad Holding v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002.#Case T-231/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0275decided

Judgment of the General Court (Tenth Chamber) of 19 October 2022.#Louis Vuitton Malletier v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings.#Case T-275/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0323_INFdecided

Judgment of the General Court (Sixth Chamber) of 19 October 2022.#Castel Frères v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character.#Case T-323/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0231_INFdecided

Judgment of the General Court (Sixth Chamber) of 19 October 2022.#Praesidiad Holding v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002.#Case T-231/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0437_INFdecided

Judgment of the General Court (Fifth Chamber) of 19 October 2022.#Greenwich Polo Club, Inc. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for the EU figurative mark GREENWICH POLO CLUB – Earlier EU word mark BEVERLY HILLS POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – Article 71 of Regulation 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625.#Case T-437/21.

European Union · Court of Justice of the European Union · 19 October 2022

Record· TJCELEX 62021TJ0275_INFdecided

Judgment of the General Court (Tenth Chamber) of 19 October 2022.#Louis Vuitton Malletier v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings.#Case T-275/21.

European Union · Court of Justice of the European Union · 19 October 2022

Proposal· PCCELEX 52022PC0532open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the World Forum for Harmonization of Vehicle Regulations of the United Nations Economic Commission for Europe on proposals for modifications to UN regulations Nos 0, 13, 24, 34, 43, 48, 67, 83, 118, 125, 127, 129, 149, 151, 158, 159, 161, 162 and 163, on a proposal for a new UN regulation on Vulnerable Road Users in Front and Side Close Proximity, on a proposal for a new UN Regulation on the Approval of Motor Vehicles with Regard to their Direct Vision, and on a proposal for an amendment to M.R.1

European Union · European Commission · 18 October 2022

Decision· DCELEX 32022D1977in force

Council Decision (EU) 2022/1977 of 17 October 2022 on the position to be taken on behalf of the European Union within the EU-Ukraine Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the update of Annex XV (Approximation of customs legislation) to that Agreement

European Union · EUR-Lex · 17 October 2022

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