do-me/EUR-LEX huggingface dataset:
Case C-84/15: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 19 February 2015 — Sonos Europe BV v Staatssecretaris van Financiën
Date: 2015-02-19
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, interpretation of the law, sound reproduction equipment, specification of tariff heading








C_2015146EN.01001801.xml










4.5.2015   


EN


Official Journal of the European Union


C 146/18





Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 19 February 2015 — Sonos Europe BV v Staatssecretaris van Financiën
(Case C-84/15)
(2015/C 146/26)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Sonos Europe BV

Defendant: Staatssecretaris van Financiën

Question referred

Should CN headings 8517, 8518, 8519 and 8527 be interpreted as meaning that a product such as that described in this judgment (the ZonePlayer), which receives digital information and without storing it (streaming) reproduces it in the form of amplified sound by means of five (integrated) loudspeakers and/or forwards it to other devices in the local area network, is amenable to classification under one or more of those headings and, if so, which heading(s)? Alternatively, should CN heading 8543 be interpreted as meaning that a device such as the ZonePlayer ought to be classified under that heading as an electrical machine or apparatus with an individual function?
Non-opposition to a notified concentration (Case M.7495 — APAX/EVRY)  Text with EEA relevance
Date: 2015-02-19
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, technology








C_2015059EN.01000102.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/1





Non-opposition to a notified concentration
(Case M.7495 — APAX/EVRY)
(Text with EEA relevance)
(2015/C 59/02)
On 13 February 2015, 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 language 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 website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32015M7495. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
State aid — Decision to raise no objections
Date: 2015-02-19
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, maritime transport, tax exemption








C_2015059EN.01000501.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/5





State aid — Decision to raise no objections
(2015/C 59/06)
The EFTA Surveillance Authority raises no objections to the following state aid measure:








Date of adoption of the decision



:


26 November 2014





Case No



:


76280





Decision No



:


519/14/COL





EFTA State



:


Norway





Title



:


Amendments to the Norwegian Special Tax System for Shipping concerning a differentiated reduction of the tonnage tax based on environmental criteria





Legal basis



:


Article 61(3)(c) of the EEA Agreement





Type of measure



:


Aid scheme





Objective



:


Promotion of the maritime sector





Form of aid



:


Tax exemption





Budget



:


n.a.





Duration



:


From the income year 2015 until re-notification





Economic sectors



:


Maritime transport





Name and address of the granting authority



:







Ministry of Finance




P.O. Box 8008 Dep,




N-0030 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Non-opposition to a notified concentration (Case M.7505 — Carlyle/Warburg Pincus/DBRS)  Text with EEA relevance
Date: 2015-02-19
Institutions: European Commission
Subjects: economic concentration, investment company, merger control








C_2015059EN.01000201.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/2





Non-opposition to a notified concentration
(Case M.7505 — Carlyle/Warburg Pincus/DBRS)
(Text with EEA relevance)
(2015/C 59/03)
On 16 February 2015, 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 language 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 website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32015M7505. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2015-02-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2015059EN.01000301.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/3





Euro exchange rates (1)

18 February 2015
(2015/C 59/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1372




JPY


Japanese yen


135,69




DKK


Danish krone


7,4440




GBP


Pound sterling


0,73720




SEK


Swedish krona


9,5489




CHF


Swiss franc


1,0707




ISK


Iceland króna


 




NOK


Norwegian krone


8,5480




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,583




HUF


Hungarian forint


307,71




PLN


Polish zloty


4,1909




RON


Romanian leu


4,4518




TRY


Turkish lira


2,7940




AUD


Australian dollar


1,4598




CAD


Canadian dollar


1,4158




HKD


Hong Kong dollar


8,8229




NZD


New Zealand dollar


1,5147




SGD


Singapore dollar


1,5475




KRW


South Korean won


1 267,02




ZAR


South African rand


13,2921




CNY


Chinese yuan renminbi


7,1133




HRK


Croatian kuna


7,7240




IDR


Indonesian rupiah


14 646,88




MYR


Malaysian ringgit


4,1200




PHP


Philippine peso


50,372




RUB


Russian rouble


70,5714




THB


Thai baht


37,050




BRL


Brazilian real


3,2195




MXN


Mexican peso


16,9923




INR


Indian rupee


70,8500






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.7483 — Abellio Transport/ScotRail)  Text with EEA relevance
Date: 2015-02-19
Institutions: European Commission
Subjects: economic concentration, merger control, rail transport, transport company








C_2015059EN.01000601.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/6





Prior notification of a concentration
(Case M.7483 — Abellio Transport/ScotRail)
(Text with EEA relevance)
(2015/C 59/07)






1.


On 11 February 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Abellio ScotRail Limited (‘Abellio ScotRail’, United Kingdom), a subsidiary of Abellio Transport Holding BV (the Netherlands) ultimately controlled by Nederlandse Spoorwegen (‘NS’, the Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the ScotRail franchise (United Kingdom), currently operated by First ScotRail Limited, by way of public bid.










2.


The business activities of the undertakings concerned are:
—   for Abellio Transport Holding: the operation of a number of passenger railway concessions or franchise contracts outside the Netherlands, in particular in the UK, Germany and Sweden,
—   for Abellio ScotRail: the operation of the ScotRail franchise,
—   for ScotRail franchise: the provision of passenger rail services in Scotland.










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. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7483 — Abellio Transport/ScotRail, to the following 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’).
Council Decision (CFSP) 2015/277 of 19 February 2015 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
Date: 2015-02-19
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, international sanctions, removal




L_2015047EN.01002001.xml










20.2.2015   


EN


Official Journal of the European Union


L 47/20








            COUNCIL DECISION (CFSP) 2015/277
of 19 February 2015
         
amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe


THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:







(1)


On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1).












(2)


The Council has carried out a review of Decision 2011/101/CFSP, taking into account political developments in Zimbabwe.












(3)


The restrictive measures should be renewed until 20 February 2016.












(4)


The application of the travel ban and asset freeze should be maintained for two persons and one entity set out in Annex I to Decision 2011/101/CFSP. The suspension of the travel ban and asset freeze for persons and entities as listed in Annex II to that Decision should also be renewed. The names of five deceased persons should be removed from Annex I and II to that Decision.












(5)


Decision 2011/101/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 10 of Decision 2011/101/CFSP is replaced by the following:

‘Article 10

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


2.   This Decision shall apply until 20 February 2016.


3.   The measures referred to in Articles 4(1), 5(1) and 5(2), in so far as they apply to persons and entities listed in Annex II, shall be suspended until 20 February 2016.
The suspension shall be reviewed every three months.


4.   This Decision shall be kept under constant review and shall be extended, or amended as appropriate, if the Council deems that its objectives have not been met.’

.

Article 2
The names of the persons listed in the Annex to this Decision shall be removed from Annex I and II to Decision 2011/101/CFSP.


Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.





Done at Brussels, 19 February 2015.


For the Council


The President

E. RINKĒVIČS
            





(1)  Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).




ANNEX






 


Name (and any aliases)




1.


CHINDORI-CHININGA, Edward Takaruza




2.


KARAKADZAI, Mike Tichafa




3.


SAKUPWANYA, Stanley Urayayi




4.


SEKEREMAYI, Lovemore




5.


SHAMUYARIRA, Nathan Marwirakuwa
Case T-85/15: Action brought on 19 February 2015 — Alfa Wassermann Hungary v OHIM — Pharma Mar (YLOELIS)
Date: 2015-02-19
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2015118EN.01004301.xml










13.4.2015   


EN


Official Journal of the European Union


C 118/43





Action brought on 19 February 2015 — Alfa Wassermann Hungary v OHIM — Pharma Mar (YLOELIS)
(Case T-85/15)
(2015/C 118/55)
Language in which the application was lodged: English

Parties


Applicant: Alfa Wassermann Hungary kft (Budapest, Hungary) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Pharma Mar, SA (Colmenar Viejo, Spain)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Community word mark ‘YLOELIS’ — Application for registration No 1 0 9 14  431

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 18 December 2014 in Case R 1100/2014-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and the decision of the Opposition Division of 24 February 2014 (opposition proceedings No B 2 0 66  184);










—


reject the opposition No B 2 0 66  184 in its entirety;










—


order OHIM and the opponent to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
State aid — Decision to raise no objections
Date: 2015-02-19
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, audiovisual production, control of State aid, development aid








C_2015059EN.01000401.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/4





State aid — Decision to raise no objections
(2015/C 59/05)
The EFTA Surveillance Authority raises no objections to the following state aid measure:








Date of adoption of the decision



:


26 November 2014





Case No



:


75701





Decision No



:


518/14/COL





EFTA State



:


Norway





Title



:


Aid scheme for the development, promotion and distribution of interactive productions





Legal basis



:


Regulation for the support to audiovisual productions nr 1169 of 7 September 2009
Annual state budget (Chapter 0334 regarding film and media)





Type of measure



:


Aid scheme





Objective



:


Culture





Form of aid



:


Direct grants





Budget



:


NOK 20 million annually





Duration



:


Until 31 December 2020





Economic sectors



:


Cultural





Name and address of the granting authority



:







Norwegian Film Institute




P.O. Box 485 Sentrum




N-0105 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Commission Implementing Regulation (EU) 2015/291 of 19 February 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Asparago bianco di Cimadolmo (PGI))
Date: 2015-02-19
Institutions: European Commission
Subjects: Italy, Veneto, designation of origin, labelling, perennial vegetable, product designation








L_2015053EN.01000101.xml










25.2.2015   


EN


Official Journal of the European Union


L 53/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/291
of 19 February 2015
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Asparago bianco di Cimadolmo (PGI))


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)


In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected geographical indication ‘Asparago bianco di Cimadolmo’ registered under Commission Regulation (EC) No 245/2002 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union as required by Article 50(2)(a) of that Regulation (3).












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Asparago bianco di Cimadolmo’ (PGI) are hereby approved.


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, 19 February 2015.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Regulation (EC) No 245/2002 of 8 February 2002 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 39, 9.2.2002, p. 12).

(3)  
            OJ C 371, 18.10.2014, p. 22.
Initiation of proceedings (Case M.7429 — Siemens/Dresser-Rand)  Text with EEA relevance
Date: 2015-02-19
Institutions: European Commission
Subjects: economic concentration, electronics industry, machinery, merger control, oil technology, petroleum exploration








C_2015059EN.01000101.xml










19.2.2015   


EN


Official Journal of the European Union


C 59/1





Initiation of proceedings
(Case M.7429 — Siemens/Dresser-Rand)
(Text with EEA relevance)
(2015/C 59/01)
On 13 February 2015, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301) or by post, under reference M.7429 — Siemens/Dresser-Rand, to the following 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’).
Case C-75/15: Request for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 19 February 2015 — Viiniverla Oy v Sosiaali- ja terveysalan lupa- ja valvontavirasto
Date: 2015-02-19
Institutions: Court of Justice
Subjects: Finland, France, alcoholic beverage, consumer information, designation of origin








C_2015138EN.01004001.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/40





Request for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 19 February 2015 — Viiniverla Oy v Sosiaali- ja terveysalan lupa- ja valvontavirasto
(Case C-75/15)
(2015/C 138/54)
Language of the case: Finnish

Referring court

Markkinaoikeus

Parties to the main proceedings


Applicant: Viiniverla Oy

Defendant: Sosiaali- ja terveysalan lupa- ja valvontavirasto

Questions referred







1.


When assessing where there has been an ‘evocation’, within the meaning of Article 16(b) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p. 16) (1), should reference be made to an average consumer who is reasonably well informed and reasonably observant and circumspect?










2.


When assessing whether to prohibit the use of the name Verlados used to market nationally a spirit drink distilled from apples in order to protect the geographical indication Calvados, what importance should be given to the following facts in the interpretation of the concept of ‘evocation’ in Article 16(b) of Regulation No 110/2008 and the application of that regulation:






a)


the first part of the name Verlados, Verla, is a village in Finland whose name may be recognised by Finnish consumers;










b)


the first part of the name Verlados, Verla, refers to the producer of Verlados Viiniverla Oy;










c)


Verlados is a local product produced in Verla village of which a few hundred litres are sold each year in the winery’s own restaurant and a limited amount by order from the State-owned alcohol business referred to in the Law on Alcohol;










d)


the words Verlados and Calados have only one syllable in common (dos) out of three, although the last four letters (ados) of the words, that is half of the total number of letter in each word, are identical?














3.


If there is deemed to be an ‘evocation’ within the meaning of Article 16(b) of Regulation No 110/2008, may the use of the name Verlados nevertheless be authorised on one of the grounds mentioned above or on other grounds, such as that Finnish consumers at least are unlikely to imagine that Verlados is produced in France?






(1)  OJ L 39, p. 16
Corrigendum to Decision No 1/2008 (2008/786/EC) of the EC-EFTA Joint Committee on Common Transit of 16 June 2008 amending the Convention of 20 May 1987 on a common transit procedure ( OJ L 274, 15.10.2008 )
Date: 2015-02-19
Institutions: EC–EFTA Joint Committee
Subjects: European convention, computer network, customs transit, electronic government, exchange of information, information technology, simplification of formalities




L_2015045EN.01002201.xml










19.2.2015   


EN


Official Journal of the European Union


L 45/22







Corrigendum to Decision No 1/2008 (2008/786/EC) of the EC-EFTA Joint Committee on Common Transit of 16 June 2008 amending the Convention of 20 May 1987 on a common transit procedure

(
Official Journal of the European Union L 274 of 15 October 2008
)


On page 24, Annex I, Article 113(4):
for:


‘4.   For the purposes of Article 4(2), the operator …’

,read:


‘4.   For the purposes of Article 8(2), the operator …’

.