do-me/EUR-LEX huggingface dataset:
Case T-402/15: Action brought on 22 July 2015 — Republic of Poland v European Commission
Date: 2015-07-22
Institutions: General Court
Subjects: European Regional Development Fund, co-financing, economic convergence, financial aid, innovation, logistics, project evaluation, provision of services








C_2015311EN.01005701.xml










21.9.2015   


EN


Official Journal of the European Union


C 311/57





Action brought on 22 July 2015 — Republic of Poland v European Commission
(Case T-402/15)
(2015/C 311/62)
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Commission

Form of order sought







—


annul the decision of the European Commission of 11 May 2015 (notified under document C(2015) 3228) concerning the refusal to make a financial contribution from the European Regional Development Fund to the major project ‘European Shared Services Centre — Intelligent Logistics Systems’ forming part of the operational programme ‘Innovative Economy’ for structural assistance under the Convergence objective in Poland;










—


order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law: infringement of Article 41(1) in conjunction with Articles 56(3) and 60(a) of Regulation (EC) No 1083/2006 and of the principle of sincere cooperation, by carrying out an appraisal of the project in a way going beyond the selection criteria laid down by the Monitoring Committee even though those criteria had not been questioned by the Commission at the time of their adoption, and infringement of Article 41(2) of Regulation (EC) No 1083/2006, by seriously exceeding the time-limit for appraising the project.










2.


Second plea in law: incorrect interpretation of the conditions for allowing co-financing from the European Regional Development Fund (ERDF), by the assumption that only investments with the greatest potential for diffusion of innovation could be co-financed, and incorrect assessment of the project by the assumption that it did not guarantee compliance with the operational programme ‘Innovative Economy’ because of lack of innovative character.










3.


Third plea in law: incorrect interpretation of the conditions for allowing co-financing from the ERDF, by the assumption that only investments creating highly qualified jobs could be co-financed, and incorrect assessment of the project by the assumption that it did not create highly qualified jobs.










4.


Fourth plea in law: incorrect assessment of the project, by the assumption that it did not guarantee the realisation of the aims of the operational programme ‘Innovative Economy’ because of lack of added value and lack of incentive effect.
Prior notification of a concentration (Case M.7689 — CPPIB/Intu Holding/Puerto Venecia) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-07-22
Institutions: European Commission
Subjects: economic concentration, holding company, investment company, merger control, property leasing, real estate business








C_2015240EN.01000301.xml










22.7.2015   


EN


Official Journal of the European Union


C 240/3





Prior notification of a concentration
(Case M.7689 — CPPIB/Intu Holding/Puerto Venecia)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 240/03)






1.


On 10 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 undertakings Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Intu Holding Sàrl (‘Intu Holding’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Puerto Venecia Investments Socimi, SA (‘Puerto Venecia’, Spain) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for CPPIB: investments in public equities, private equities, real estate, infrastructure and fixed income investments,
—   for Intu Holding: shopping centre ownership, management and development. Intu Holding is a wholly owned subsidiary of Intu Properties plc, which also has commercial real estate rental activities, ancillary retail interests in retail parks, high street properties, office spaces, residential, industrial and leisure facilities and pre-development activities on real estate sites,
—   for Puerto Venecia: commercial real estate rental. Puerto Venecia holds a shopping mall and retail park located in Zaragoza.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7689 — CPPIB/Intu Holding/Puerto Venecia, 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 T-724/14: Order of the General Court of 22 July 2015 — European Children’s Fashion Association and Instituto de Economía Pública v Commission and EACEA (Action for annulment — Arbitration clause — Action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the childrens’ product sector’ project — Pre-information letter — Debit note — Identification of the defendant — Partial inadmissibility)
Date: 2015-07-22
Institutions: General Court
Subjects: action programme, arbitration clause, audit, reimbursement of aid, rights of the defence








C_2015320EN.01002801.xml










28.9.2015   


EN


Official Journal of the European Union


C 320/28





Order of the General Court of 22 July 2015 — European Children’s Fashion Association and Instituto de Economía Pública v Commission and EACEA
(Case T-724/14) (1)

((Action for annulment - Arbitration clause - Action programme ‘Lifelong Learning (2007-2013)’ - ‘Brand & Merchandising manager for SMEs in the childrens’ product sector’ project - Pre-information letter - Debit note - Identification of the defendant - Partial inadmissibility))
(2015/C 320/44)
Language of the case: French

Parties


Applicants: European Children’s Fashion Association (Valencia, Spain); and Instituto de Economía Pública, SL (Valencia) (represented by: A. Haegeman, lawyer)

Defendants: European Commission (represented by: S. Delaude and S. Lejeune, acting as Agents) and ‘Education, Audiovisual and Culture’ Executive Agency (EACEA) (represented by: H. Monet and A. Jaume, acting as Agents)

Re

Primarily, application, pursuant to Article 272 TFEU, seeking to have declared as unfounded EACEA’s request for recovery of grants paid to the first applicant under the agreement for the execution of the ‘Brand & Merchandising Manager for SMEs in the Children’s Product Sector’ project, or, in the alternative, application for annulment, first, of EACEA’s pre-information letter of 1 August 2014 informing the first applicant that it had to reimburse the sum of EUR 82  378,81 following the audit of the that project and, second, of debit note No 3241401420, issued by EACEA on 5 August 2014, seeking the reimbursement of that sum.

Operative part of the order







1)


The action is dismissed as inadmissible in so far as it relates to the European Commission.










2)


European Children’s Fashion Association and Instituto de Economía Pública, SL are ordered to pay the costs of the proceedings.






(1)  OJ C 7, 12.1.2015.
Prior notification of a concentration (Case M.7659 — Groupe InVivo/Scael/Carneau) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-07-22
Institutions: European Commission
Subjects: cereal-growing, economic concentration, merger control, oil crop, plant propagation, seed








C_2015240EN.01000501.xml










22.7.2015   


EN


Official Journal of the European Union


C 240/5





Prior notification of a concentration
(Case M.7659 — Groupe InVivo/Scael/Carneau)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 240/05)






1.


On 14 July 2015, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Groupe InVivo (‘InVivo’, France) and Société Agricole Cooperative d’Eure-et-Loir (‘Scael’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Carneau Frères Eurogazon (‘Carneau’, France) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:
—   for InVivo: production and sale of seeds, animal health and animal feed, cereals logistics and storage,
—   for Scael: production and sale of seeds, procurement and trading of cereals, garden stores,
—   for Carneau: production and sale of seeds.










3.


On preliminary examination, the European 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 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 the Notice.










4.


The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7659 — Groupe InVivo/Scael/Carneau, 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.
Euro exchange rates
Date: 2015-07-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2015240EN.01000201.xml










22.7.2015   


EN


Official Journal of the European Union


C 240/2





Euro exchange rates (1)

21 July 2015
(2015/C 240/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0867




JPY


Japanese yen


135,17




DKK


Danish krone


7,4618




GBP


Pound sterling


0,69870




SEK


Swedish krona


9,3683




CHF


Swiss franc


1,0440




ISK


Iceland króna


 




NOK


Norwegian krone


8,9165




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,072




HUF


Hungarian forint


309,00




PLN


Polish zloty


4,1138




RON


Romanian leu


4,4175




TRY


Turkish lira


2,9222




AUD


Australian dollar


1,4746




CAD


Canadian dollar


1,4118




HKD


Hong Kong dollar


8,4229




NZD


New Zealand dollar


1,6460




SGD


Singapore dollar


1,4841




KRW


South Korean won


1 252,96




ZAR


South African rand


13,4696




CNY


Chinese yuan renminbi


6,7479




HRK


Croatian kuna


7,5920




IDR


Indonesian rupiah


14 535,28




MYR


Malaysian ringgit


4,1309




PHP


Philippine peso


49,119




RUB


Russian rouble


61,9215




THB


Thai baht


37,469




BRL


Brazilian real


3,4680




MXN


Mexican peso


17,3622




INR


Indian rupee


69,1250






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7512 — ARDIAN/Abertis/Tunels) (Text with EEA relevance)
Date: 2015-07-22
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, road building








C_2015240EN.01000101.xml










22.7.2015   


EN


Official Journal of the European Union


C 240/1





Non-opposition to a notified concentration
(Case M.7512 — ARDIAN/Abertis/Tunels)
(Text with EEA relevance)
(2015/C 240/01)
On 4 May 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 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 32015M7512. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission Regulation (EU) 2015/1280 of 22 July 2015 establishing a prohibition of fishing for black scabbardfish in EU and international waters of VIII, IX and X by vessels flying the flag of Spain
Date: 2015-07-22
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, deep-sea fishing, fishing rights, fishing vessel, international waters, sea fish, ship's flag








L_2015198EN.01000301.xml










28.7.2015   


EN


Official Journal of the European Union


L 198/3








            COMMISSION REGULATION (EU) 2015/1280
of 22 July 2015
         
establishing a prohibition of fishing for black scabbardfish in EU and international waters of VIII, IX and X by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 1367/2014 (2), lays down quotas for 2015.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2015.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2015 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 22 July 2015.


For the Commission,


On behalf of the President,

Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).




ANNEX






No


08/DSS




Member State


Spain




Stock


BSF/8910




Species


Black scabbardfish (Aphanopus carbo)




Zone


EU and international waters of VIII, IX and X




Closing date


1.1.2015
Case T-396/15: Action brought on 22 July 2015 — Herm. Sprenger v OHIM — web2get (Shape of an articulated stirrup)
Date: 2015-07-22
Institutions: General Court
Subjects: EU trade mark, metal product, registered trade mark, trade-mark law








C_2015302EN.01006702.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/67





Action brought on 22 July 2015 — Herm. Sprenger v OHIM — web2get (Shape of an articulated stirrup)
(Case T-396/15)
(2015/C 302/84)
Language in which the application was lodged: German

Parties


Applicant: Herm. Sprenger GmbH & Co. KG (Iserlohn, Germany) (represented by: V. Schiller, lawyer)

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

Other party to the proceedings before the Board of Appeal: web2get GmbH & Co. KG (Dülmen, Germany)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Three-dimensional Community trade mark (Shape of an articulated stirrup) — Community trade mark No 1 599 620

Procedure before OHIM: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 22 April 2015 in Case R 520/2015-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


reject web2get GmbH & Co. KG’s application for a declaration that the applicant’s Community trade mark No 1 599 620 is invalid;










—


order OHIM to pay the costs.





Pleas in law







—


Infringement of Article 52(1)(a) in conjunction with Article 7(1) of Regulation No 207/2009;










—


Infringement of Article 52(1)(a) and (2) in conjunction with Article 7(3) of Regulation No 207/2009;










—


Infringement of Article 7(1)(e)(i) and (ii) of Regulation No 207/2009;










—


Infringement of Article 76(1) of Regulation No 207/2009;










—


Infringement of Article 77(1) of Regulation No 207/2009.
Prior notification of a concentration (Case M.7694 — World Fuel Services/BP Aviation Fuel Divestment Business) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-07-22
Institutions: European Commission
Subjects: economic concentration, fuel, merger control, motor fuel








C_2015240EN.01000601.xml










22.7.2015   


EN


Official Journal of the European Union


C 240/6





Prior notification of a concentration
(Case M.7694 — World Fuel Services/BP Aviation Fuel Divestment Business)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 240/06)






1.


On 14 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 World Fuel Services Corporation (‘WFS’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of BPs plc’s (‘BP’, UK) operations at the Copenhagen Kastrup airport, the Stockholm Arlanda airport, the Gothenburg Landvetter airport and the Malmö airport (together: ‘BP Aviation Fuel Divestment Business’) by way of purchase of assets and shares.










2.


The business activities of the undertakings concerned are:
—   for WFS: the provision of aviation, marine and ground transport fuel products and related services worldwide,
—   for BP Aviation Divestment Business: the provision of aviation fuel at the Copenhagen Kastrup airport, the Stockholm Arlanda airport, the Gothenburg Landvetter airport and the Malmö airport.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7694 — World Fuel Services/BP Aviation Divestment Business, 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 T-196/14: Order of the General Court of 22 July 2015 — Swedish Match North Europe v OHIM — Skruf Snus (Oral snuff packages)
Date: 2015-07-22
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco, trade-mark law








C_2015381EN.01005802.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/58





Order of the General Court of 22 July 2015 — Swedish Match North Europe v OHIM — Skruf Snus (Oral snuff packages)
(Case T-196/14) (1)

(2015/C 381/71)
Language of the case: English
The President of the First Chamber has ordered that the case be removed from the register.


(1)  C 151, 19.5.2014.