do-me/EUR-LEX huggingface dataset:
Case C-231/14 P: Judgment of the Court (Third Chamber) of 9 July 2015 — InnoLux Corp., formerly Chimei InnoLux Corp. v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Article 53 of the EEA Agreement — Worldwide market for liquid crystal display (LCD) panels — Price-fixing — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of the value of sales to which the infringement relates — Internal sales of the goods concerned outside the EEA — Inclusion of sales to third parties in the EEA of finished products incorporating the goods concerned)
Date: 2015-07-09
Institutions: Court of Justice
Subjects: China, European Economic Area, Taiwan, cartel, fine, price agreement, sale, screen








C_2015294EN.01001201.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/12






Judgment of the Court (Third Chamber) of 9 July 2015 — InnoLux Corp., formerly Chimei InnoLux Corp. v European Commission
(Case C-231/14 P) (1)

((Appeal - Competition - Agreements, decisions and concerted practices - Article 101 TFEU - Article 53 of the EEA Agreement - Worldwide market for liquid crystal display (LCD) panels - Price-fixing - Fines - Guidelines on the method of setting fines (2006) - Point 13 - Determination of the value of sales to which the infringement relates - Internal sales of the goods concerned outside the EEA - Inclusion of sales to third parties in the EEA of finished products incorporating the goods concerned))
(2015/C 294/15)
Language of the case: English

Parties


Appellant: InnoLux Corp., formerly Chimei InnoLux Corp. (represented by: J.-F. Bellis, avocat, and R. Burton, Solicitor)

Other party to the proceedings: European Commission (represented by: A. Biolan, F. Ronkes Agerbeek and P. Van Nuffel, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders InnoLux Corp. to pay the costs.






(1)  
            OJ C 212, 7.7.2014.
Prior notification of a concentration (Case M.7667 — Danaher/Pall) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-07-09
Institutions: European Commission
Subjects: anti-pollution device, dental medicine, economic concentration, industrial equipment, merger control, metrology, water supply








C_2015224EN.01000701.xml










9.7.2015   


EN


Official Journal of the European Union


C 224/7





Prior notification of a concentration
(Case M.7667 — Danaher/Pall)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 224/07)






1.


On 1 July 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 Danaher Corporation (‘Danaher’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Pall Corporation (‘Pall’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Danaher: the design, manufacture and marketing of professional, medical, industrial and commercial products in five business segments: Environmental; Test & Measurement; Dental; Life Sciences & Diagnostics, and Industrial Technologies.
—   for Pall: the manufacture and sale of filtration technologies, associated hardware, and engineering systems. Particularly, Pall’s products are used to remove solid, liquid and gaseous contaminants from a variety of liquid and gases.










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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7667 — Danaher/Pall, 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’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case C-249/14 P: Judgment of the Court (Sixth Chamber) of 9 July 2015 — Pêra-Grave — Sociedade Agrícola, Unipessoal Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Fundação Eugénio de Almeida (Appeal — Community trade mark — Community figurative mark QTA S. JOSÉ DE PERAMANCA — Application for registration — Opposition by the proprietor of the earlier national figurative marks VINHO PÊRAMANCA TINTO, VINHO PÊRAMANCA BRANCO and PÊRAMANCA — Relative grounds for refusal — Likelihood of confusion)
Date: 2015-07-09
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2015294EN.01001301.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/13






Judgment of the Court (Sixth Chamber) of 9 July 2015 — Pêra-Grave — Sociedade Agrícola, Unipessoal Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Fundação Eugénio de Almeida
(Case C-249/14 P) (1)

((Appeal - Community trade mark - Community figurative mark QTA S. JOSÉ DE PERAMANCA - Application for registration - Opposition by the proprietor of the earlier national figurative marks VINHO PÊRAMANCA TINTO, VINHO PÊRAMANCA BRANCO and PÊRAMANCA - Relative grounds for refusal - Likelihood of confusion))
(2015/C 294/16)
Language of the case: English

Parties


Appellant: Pêra-Grave — Sociedade Agrícola, Unipessoal Lda (represented by J. de Oliveira Vaz Miranda de Sousa, advogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by J. Crespo Carrillo, acting as Agent), Fundação Eugénio de Almeida (represented by: B. Braga da Cruz and J.M. Pimenta, advogados)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Pêra-Grave — Sociedade Agrícola, Unipessoal Lda to pay the costs.






(1)  
            OJ C 361, 13.10.2014.
Case C-87/14: Judgment of the Court (Fourth Chamber) of 9 July 2015 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 2003/88/EC — Organisation of working time — Organisation of working time of doctors in training)
Date: 2015-07-09
Institutions: Court of Justice
Subjects: Ireland, arrangement of working time, infringement of EU law, medical training, physician








C_2015294EN.01000701.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/7






Judgment of the Court (Fourth Chamber) of 9 July 2015 — European Commission v Ireland
(Case C-87/14) (1)

((Failure of a Member State to fulfil obligations - Directive 2003/88/EC - Organisation of working time - Organisation of working time of doctors in training))
(2015/C 294/08)
Language of the case: English

Parties


Applicant: European Commission (represented by: M. van Beek and J. Enegren, acting as Agents)

Defendant: Ireland (represented by: E. Creedon and E. Mc Phillips and by A. Joyce and B. Counihan, acting as Agents, assisted by D. Fennelly, Barrister)

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders the European Commission to pay the costs.






(1)  
            OJ C 102, 7.4.2014.
Case T-367/15: Action brought on 9 July 2015 — Renfe-Operadora v OHIM (AVE)
Date: 2015-07-09
Institutions: General Court
Subjects: EU trade mark, high-speed transport, rail transport, registered trade mark, rights of the defence, trade-mark law








C_2015346EN.01003101.xml










19.10.2015   


EN


Official Journal of the European Union


C 346/31





Action brought on 9 July 2015 — Renfe-Operadora v OHIM (AVE)
(Case T-367/15)
(2015/C 346/37)
Language of the case: Spanish

Parties


Applicant: Renfe-Operadora, Public business entity (Madrid, Spain), (represented by: J.-B. Devauriex, lawyer and M. Hernández Sandoval, lawyer)

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

Details of the proceedings before OHIM


Trade mark at issue: Community figurative mark containing the word element ‘AVE’ — Application for restitutio in integrum — Application for registration No 5.640.198

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 24 April 2015 in Case R 712/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision by granting its application for ‘Restitution in integrum’ and, consequently, declare admissible the earlier appeal brought by the applicant against the decision of the Cancellation Division of 4 February 2014, which is to be heard by the Fifth Board of Appeal of OHIM.










—


order OHIM to pay the costs.





Pleas in law







—


Incomplete statement of facts in the contested decision, procedural irregularities giving rise to infringement of the applicant’s rights of defence and of the duty of care owed to the applicant.










—


Incorrect assessment of the evidence, lack of proportion between the formal defect supposedly committed by the applicant and the consequences of the same inasmuch as the applicant was deprived of its right to challenge a decision against his interests, and too strict an approach taken in the decision.










—


Infringement of the applicant’s right to a fair hearing as it could not challenge the grounds on which the declaration of partial annulment of the mark ‘AVE’ was based.
Notice of open competitions
Date: 2015-07-09
Institutions: European Personnel Selection Office
Subjects: Croatia, Czechia, EPSO, Lithuania, Malta, administrator, competition (EU), information profession








C_2015224EN.01000401.xml










9.7.2015   


EN


Official Journal of the European Union


C 224/4





NOTICE OF OPEN COMPETITIONS
(2015/C 224/04)
The European Personnel Selection Office (EPSO) is organising the following open competitions:






 


Conference interpreters (AD5/AD7)










 


EPSO/AD/311/15 — Czech-language (CS)










 


EPSO/AD/312/15 — Croatian-language (HR)










 


EPSO/AD/313/15 — Lithuanian-language (LT)










 


EPSO/AD/314/15 — Maltese-language (MT)




The competition notice is published in 24 languages in 
Official Journal of the European Union
C 224 A of 9 July 2015
.
Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/
Case F-102/15: Action brought on 9 July 2015 — ZZ v EESC
Date: 2015-07-09
Institutions: Civil Service Tribunal
Subjects: European official, access to information, damage, provision of documents








C_2015302EN.01007002.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/70





Action brought on 9 July 2015 — ZZ v EESC
(Case F-102/15)
(2015/C 302/87)
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Economic and Social Committee (EESC)

Subject-matter and description of the proceedings

Application for annulment of the decisions of the EESC rejecting the applicant’s request for access to documents and for damages in respect of the non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decisions of 10 September 2014 and 19 November 2014 rejecting the applicant’s request of 12 June 2014 for access to documents, supplemented by the requests of 23 September, 20 and 30 October 2014;










—


annul the decision of 27 March 2015, received on 31 March 2015, rejecting the applicant’s complaint of 1 December 2014;










—


order payment of compensation in respect of the non-material harm allegedly suffered by the applicant, assessed at EUR 10  000;










—


order the EESC to pay all the costs.
Case C-331/14: Judgment of the Court (Second Chamber) of 9 July 2015 (request for a preliminary ruling from the Vrhovno sodišče (Slovenia)) — Petar Kezić s.p. Trgovina Prizma v Republika Slovenija (Reference for a preliminary ruling — Taxation — Value-added tax — Sixth Directive 77/388/EEC — Articles 2(1) and 4(1) — Tax liability — Immovable property transactions — Sale of lands assigned to the private assets of a natural person exercising the profession of sole trader — Taxable person acting as such)
Date: 2015-07-09
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, building plot, real estate business, sale, shopping centre








C_2015294EN.01001302.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/13






Judgment of the Court (Second Chamber) of 9 July 2015 (request for a preliminary ruling from the Vrhovno sodišče (Slovenia)) — Petar Kezić s.p. Trgovina Prizma v Republika Slovenija
(Case C-331/14) (1)

((Reference for a preliminary ruling - Taxation - Value-added tax - Sixth Directive 77/388/EEC - Articles 2(1) and 4(1) - Tax liability - Immovable property transactions - Sale of lands assigned to the private assets of a natural person exercising the profession of sole trader - Taxable person acting as such))
(2015/C 294/17)
Language of the case: Slovene

Referring court

Vrhovno sodišče

Parties to the main proceedings


Appellant: Petar Kezić s.p. Trgovina Prizma

Respondent: Republika Slovenija

Operative part of the judgment

Articles 2(1) and 4(1) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment must be interpreted as meaning that, in circumstances such as those of the case in the main proceedings — where a taxable person has acquired plots of land, some of which have been assigned to his private assets and others to his business and, where he has built, in his capacity as a taxable person, upon all of those plots of land, a shopping centre which was then sold together with the plots of land on which the building was erected — the sale of the plots of land which were assigned to that taxable person’s private assets must be subject to value added tax since that person, at the time of that transaction, acted as such.


(1)  
            OJ C 303, 8.9.2014.
Euro exchange rates
Date: 2015-07-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2015224EN.01000201.xml










9.7.2015   


EN


Official Journal of the European Union


C 224/2





Euro exchange rates (1)

8 July 2015
(2015/C 224/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1024




JPY


Japanese yen


133,88




DKK


Danish krone


7,4621




GBP


Pound sterling


0,71730




SEK


Swedish krona


9,3927




CHF


Swiss franc


1,0463




ISK


Iceland króna


 




NOK


Norwegian krone


9,0700




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,116




HUF


Hungarian forint


317,87




PLN


Polish zloty


4,2237




RON


Romanian leu


4,4867




TRY


Turkish lira


2,9592




AUD


Australian dollar


1,4866




CAD


Canadian dollar


1,4048




HKD


Hong Kong dollar


8,5472




NZD


New Zealand dollar


1,6484




SGD


Singapore dollar


1,4917




KRW


South Korean won


1 249,49




ZAR


South African rand


13,7974




CNY


Chinese yuan renminbi


6,8449




HRK


Croatian kuna


7,5725




IDR


Indonesian rupiah


14 725,56




MYR


Malaysian ringgit


4,1979




PHP


Philippine peso


49,818




RUB


Russian rouble


62,9475




THB


Thai baht


37,500




BRL


Brazilian real


3,5334




MXN


Mexican peso


17,4455




INR


Indian rupee


70,1086






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7634 — Mitsui / Gestamp / GRI) (Text with EEA relevance)
Date: 2015-07-09
Institutions: European Commission
Subjects: economic concentration, iron and steel industry, merger control, renewable energy








C_2015224EN.01000101.xml










9.7.2015   


EN


Official Journal of the European Union


C 224/1





Non-opposition to a notified concentration
(Case M.7634 — Mitsui / Gestamp / GRI)
(Text with EEA relevance)
(2015/C 224/01)
On 2 July 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 32015M7634. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-347/15: Action brought on 9 July 2015 — European Commission v Republic of Austria
Date: 2015-07-09
Institutions: Court of Justice
Subjects: carriage of passengers, public contract, public financing, publication, publication of accounts, rail transport








C_2015279EN.01002601.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/26






Action brought on 9 July 2015 — European Commission v Republic of Austria
(Case C-347/15)
(2015/C 279/32)
Language of the case: German

Parties


Applicant: European Commission (represented by: W. Mölls, J. Hottiaux and T. Maxian Rusche, acting as Agents)

Defendant: Republic of Austria

Form of order sought

The applicant claims that the Court should:






—


declare that, in so far as it did not oblige ÖBB Personenverkehr (Austrian Federal Railways) to publish the public service compensation and the costs and revenues for each public service contract, the Republic of Austria has failed to comply with its obligations under Article 6(3) of Directive 2012/34/EU (1) and under Article 6(1) read in conjunction with Rule 5 of the Annex to Regulation (EC) No 1370/2007 (2);










—


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

The defendant failed to comply with its obligations under Directive 2012/34/EU and Regulation (EC) No 1370/2007.
The defendant has failed to ensure that the invoices corresponding to public funds for the provision of public transport services are separately broken down according to each contract and that their costs and revenues are evidenced and published separately. The defendant has thereby infringed the corresponding rules of EU law in the area of rail transport.


(1)  Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ 2012 L 343, p. 32).

(2)  Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).
Commission Implementing Regulation (EU) 2015/1134 of 9 July 2015 entering a name in the register of protected designations of origin and protected geographical indications (กาแฟดอยตุง (Kafae Doi Tung) (PGI))
Date: 2015-07-09
Institutions: European Commission
Subjects: Thailand, coffee, designation of origin, labelling, product designation








L_2015185EN.01000401.xml










14.7.2015   


EN


Official Journal of the European Union


L 185/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/1134
of 9 July 2015
         
entering a name in the register of protected designations of origin and protected geographical indications (กาแฟดอยตุง (Kafae Doi Tung) (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)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Thailand's application to register the name ‘กาแฟดอยตุง’ (Kafae Doi Tung) 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 ‘กาแฟดอยตุง’ (Kafae Doi Tung) should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘กาแฟดอยตุง’ (Kafae Doi Tung) (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.8. — Other products listed in Annex I to the Treaty (spices, 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, 9 July 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)  
            OJ C 48, 20.2.2014, p. 14.

(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).
Case C-63/14: Judgment of the Court (Fifth Chamber) of 9 July 2015 — European Commission v French Republic (Failure of a Member State to fulfil obligations — State aid — Illegal aid incompatible with the internal market — Obligation of recovery — Absolutely impossible — Compensation for a service additional to the basic service)
Date: 2015-07-09
Institutions: Court of Justice
Subjects: France, State aid, control of State aid, infringement of EU law, reimbursement of aid








C_2015294EN.01000601.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/6






Judgment of the Court (Fifth Chamber) of 9 July 2015 — European Commission v French Republic
(Case C-63/14) (1)

((Failure of a Member State to fulfil obligations - State aid - Illegal aid incompatible with the internal market - Obligation of recovery - Absolutely impossible - Compensation for a service additional to the basic service))
(2015/C 294/07)
Language of the case: French

Parties


Applicant: European Commission (represented by: B. Stromsky, acting as Agent)

Defendant: French Republic (represented by: G. de Bergues and D. Colas and N. Rouam and J. Bousin, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by failing to take all the measures necessary to recover from Société Nationale Corse-Méditerranée (SNCM) the State aid declared illegal and incompatible with the internal market by Article 2(1) of Commission Decision 2013/435/EU of 2 May 2013 on State aid SA.22843 (2012/C) (ex 2012/NN) within the periods prescribed, by failing to cancel all the payments of aid referred to in Article 2(1) of that decision within the periods prescribed, and by failing to inform the Commission of the measures taken to comply with that decision within the period prescribed, the French Republic has failed to fulfil its obligations under Article 298, fourth paragraph, TFEU and Articles 3 to 5 of that decision;










2.


Orders the French Republic to pay the costs.






(1)  
            OJ C 135, 5.5.2014.