do-me/EUR-LEX huggingface dataset:
Case T-503/12: Judgment of the General Court of 4 September 2015 — United Kingdom v Commission (EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Single payment scheme — Key controls — Ancillary controls)
Date: 2015-09-04
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF Guarantee Section, Northern Ireland, agricultural expenditure, aid to agriculture, financial aid, single payment scheme








C_2015346EN.01001501.xml










19.10.2015   


EN


Official Journal of the European Union


C 346/15





Judgment of the General Court of 4 September 2015 — United Kingdom v Commission
(Case T-503/12) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Single payment scheme - Key controls - Ancillary controls))
(2015/C 346/16)
Language of the case: English

Parties


Applicant: United Kingdom of Great Britain and Northern Ireland (represented initially by C. Murrell, and subsequently by E. Jenkinson and M. Holt, and finally by M. Holt, acting as Agents, and by D. Wyatt QC, and V. Wakefield, Barrister)

Defendant: European Commission (represented by: N. Donnelly, P. Rossi and K. Skelly, acting as Agents)

Re:

Action for annulment of Commission Implementing Decision 2012/500/EU of 6 September 2012 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2012 L 244, p. 11), as regards four entries in the Annex to the decision relating to a 5 % flat-rate correction applied to expenditure incurred in Northern Ireland (United Kingdom) in the financial years 2008, amounting to EUR 277 231,60 and EUR 13 671 588,90, and 2009, amounting to EUR 270 398,26 and EUR 15 844 193,29.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 26, 26.1.2013.
Prior notification of a concentration (Case M.7732 — JBS/Moy Park) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-09-04
Institutions: European Commission
Subjects: beef, economic concentration, fresh meat, merger control, pigmeat, poultrymeat, supplier








C_2015290EN.01001301.xml










4.9.2015   


EN


Official Journal of the European Union


C 290/13





Prior notification of a concentration
(Case M.7732 — JBS/Moy Park)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 290/08)






1.


On 27 August 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 JBS S.A. (‘JBS’, Brazil) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Moy Park Holdings (Europe) Limited (‘Moy Park’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for JBS: global supplier of fresh and processed meat, particularly beef but also pork and poultry;
—   for Moy Park: supply of fresh and processed poultry primarily in the UK and Ireland.










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.7732 — JBS/Moy Park, 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.
Council Decision (EU) 2015/1510 of 4 September 2015 appointing an Estonian member and an Estonian alternate member of the Committee of the Regions
Date: 2015-09-04
Institutions: Council of the European Union
Subjects: Estonia, European Committee of the Regions, appointment of members








L_2015236EN.01000801.xml










10.9.2015   


EN


Official Journal of the European Union


L 236/8








            COUNCIL DECISION (EU) 2015/1510
of 4 September 2015
         
appointing an Estonian member and an Estonian alternate member of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Estonian Government,

Whereas:







(1)


On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat on the Committee of the Regions has become vacant following the passing away of Ms Urve ERIKSON,












(3)


An alternate member's seat would become vacant following the appointment of Mr Mart VÕRKLAEV as member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Mart VÕRKLAEV, Member of Rae Municipal Council.






Article 2
The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Juri GOTMANS, Mayor of Haanja Municipality.






Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 4 September 2015.


For the Council


The President

J. ASSELBORN
            





(1)  
            OJ L 20, 27.1.2015, p. 42.

(2)  
            OJ L 31, 7.2.2015, p. 25.

(3)  
            OJ L 159, 25.6.2015, p. 70.
Types of gas and the corresponding supply pressures according to Article 2(2) of Directive 2009/142/EC of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version)
Date: 2015-09-04
Institutions: European Commission
Subjects: Sweden, exchange of information, gas appliance, pressure equipment, technical regulations








C_2015290EN.01001001.xml










4.9.2015   


EN


Official Journal of the European Union


C 290/10





Types of gas and the corresponding supply pressures according to Article 2(2) of Directive 2009/142/EC of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version)
(2015/C 290/05)

(This publication is based on information received by the Commission services from the Member States)












Country


Gas family


Wobbe index (gross) in


Supply pressure in mbar




MJ/m3 or kWh/m3

(0 °C)


MJ/m3 or kWh/m3

(15 °C)


min.


nom.


max.




SWEDEN


FIRST


22,4-24,8 MJ/m3



 


6


8


15




SECOND


51,9-55,8 MJ/m3



 


17


20


25




THIRD


75,1-81,3 MJ/m3



 


25


30


35
Prior notification of a concentration (Case M.7719 — Barloworld Handling/BayWa) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-09-04
Institutions: European Commission
Subjects: agricultural machinery, economic concentration, fertiliser, handling, lease, merger control, provision of services, seed, storage, vehicle rental








C_2015290EN.01001101.xml










4.9.2015   


EN


Official Journal of the European Union


C 290/11





Prior notification of a concentration
(Case M.7719 — Barloworld Handling/BayWa)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 290/06)






1.


On 27 August 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Barloworld Handling Limited (United Kingdom) and BayWa Aktien-gesellschaft (Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company (‘JVC’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Barloworld Handling Limited: worldwide distribution of leading international brands and provision of integrated rental, fleet management, product support and logistics solutions for equipment and handling services (earthmoving, power systems, materials handling and agricultural equipment), and automotive services and logistics (car rental, fleet services, warehousing, etc.).
—   for BayWa Aktien-gesellschaft: agriculture (seeds, fertilisers and crop protection as well as agricultural machinery equipment), building materials and energy.
—   for JVC: agricultural mechanisation equipment (including tractors, implements, harvesters, crop sprayers and bales) in Zambia and, at a later stage, possibly other sub-Saharan jurisdictions.










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.7719 — Barloworld Handling/BayWa, 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.
Council Decision of 4 September 2015 adopting the Council's position on the draft general budget of the European Union for the financial year 2016
Date: 2015-09-04
Institutions: Council of the European Union
Subjects: budgetary expenditure, budgetary resources, draft budget (EU), financial year, general budget (EU)








C_2015295EN.01000201.xml










8.9.2015   


EN


Official Journal of the European Union


C 295/2





COUNCIL DECISION
of 4 September 2015
adopting the Council's position on the draft general budget of the European Union for the financial year 2016
(2015/C 295/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
Whereas:






1.


On 25 June 2015, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2016 (1),










2.


On 26 June 2015, the Commission presented letter of amendment No 1 to the draft general budget for the financial year 2016 (2),










3.


The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (3), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (4),




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on the draft general budget of the European Union for the financial year 2016 was adopted by the Council on 4 September 2015.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 4 September 2015.


For the Council


The President

J. ASSELBORN




(1)  COM(2015) 300 final.

(2)  COM(2015) 317 final.

(3)  OJ L 163, 23.6.2007, p. 17.

(4)  OJ L 347, 20.12.2013, p. 884.
Case T-512/15: Action brought on 4 September 2015 — Sun Cali v OHIM — Abercrombie & Fitch Europe (SUN CALI)
Date: 2015-09-04
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, trade-mark law








C_2015354EN.01004701.xml










26.10.2015   


EN


Official Journal of the European Union


C 354/47





Action brought on 4 September 2015 — Sun Cali v OHIM — Abercrombie & Fitch Europe (SUN CALI)
(Case T-512/15)
(2015/C 354/57)
Language in which the application was lodged: English

Parties


Applicant: Sun Cali, Inc. (Denver, United States) (represented by: C. Thomas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Abercrombie & Fitch Europe SA (Mendrisio, Switzerland)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘SUN CALI’ — Community trade mark No 5 482 369

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 3 June 2015 in Cases R 1260/2014-5 and R 1281/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs incurred in the proceedings before the Court and order the (potential) intervener to pay the costs of the administrative proceedings before the Board of Appeal;










—


set a date for an oral hearing for the case that findings of the General Court are not possible without an oral hearing.





Pleas in law







—


Infringement of Article 92(3) of Regulation No 207/2009 in Case T-1260/2014-5;










—


Infringement of Article 8(1)(b) of Regulation No 207/2009 in case T-1281/2014-5.
Decision (EU) 2015/1574 of the European Central Bank of 4 September 2015 amending Decision ECB/2014/8 on the prohibition of monetary financing and the remuneration of government deposits by national central banks (ECB/2015/29)
Date: 2015-09-04
Institutions: European Central Bank
Subjects: bank deposit, central bank, euro, financing method, interest, public administration








L_2015245EN.01001201.xml










22.9.2015   


EN


Official Journal of the European Union


L 245/12








            DECISION (EU) 2015/1574 OF THE EUROPEAN CENTRAL BANK
         
of 4 September 2015
         
amending Decision ECB/2014/8 on the prohibition of monetary financing and the remuneration of government deposits by national central banks (ECB/2015/29)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second indent of Article 132(1) thereof,


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second indent of Article 34.1 thereof,

Whereas:







(1)


Decision ECB/2014/8 of the European Central Bank (1) specifies the market rates that will operate as ceilings for the remuneration of deposits held by governments and public authorities with their national central bank (NCB). This assists the Governing Council in monitoring the NCBs' compliance with the prohibition on monetary financing set out in Article 123 of the Treaty on the Functioning of the European Union.












(2)


The Eurepo index was identified in Article 1(d) of Decision ECB/2014/8 as the secured market rate with regard to fixed term deposits in euro. The Eurepo index was discontinued on 2 January 2015. The secured market rate with regard to fixed term deposits in euro will now be the STOXX EUR GC Pooling term indices with a comparable maturity.












(3)


Therefore, Decision ECB/2014/8 should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1

Amendments

Article 1(d) of Decision ECB/2014/8 is replaced by the following:






‘(d)


“secured market rate” means: (i) with regard to fixed term deposits in euro, STOXX EUR GC Pooling term indices with a comparable maturity; and (ii) with regard to fixed term deposits in a different currency, a comparable rate.’






Article 2

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




Done at Frankfurt am Main, 4 September 2015.


The President of the ECB

Mario DRAGHI
            





(1)  Decision ECB/2014/8 of the European Central Bank of 20 February 2014 on the prohibition of monetary financing and the remuneration of government deposits by national central banks (2014/303/EU) (OJ L 159, 28.5.2014, p. 54).
Non-opposition to a notified concentration (Case M.7714 — Apollo/NKBM) (Text with EEA relevance)
Date: 2015-09-04
Institutions: European Commission
Subjects: economic concentration, financial services, investment company, merger control, real estate business








C_2015290EN.01000701.xml










4.9.2015   


EN


Official Journal of the European Union


C 290/7





Non-opposition to a notified concentration
(Case M.7714 — Apollo/NKBM)
(Text with EEA relevance)
(2015/C 290/02)
On 31 August 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 32015M7714. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Guideline (EU) 2015/1575 of the European Central Bank of 4 September 2015 amending Guideline ECB/2014/9 on domestic asset and liability management operations by the national central banks (ECB/2015/28)
Date: 2015-09-04
Institutions: European Central Bank
Subjects: banking, central bank, euro area, financial legislation, single monetary policy








L_2015245EN.01001301.xml










22.9.2015   


EN


Official Journal of the European Union


L 245/13








            GUIDELINE (EU) 2015/1575 OF THE EUROPEAN CENTRAL BANK
         
of 4 September 2015
         
amending Guideline ECB/2014/9 on domestic asset and liability management operations by the national central banks (ECB/2015/28)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular to the first indent of Article 127(2) thereof,


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 12.1 and 14.3 thereof,

Whereas:







(1)


Guideline ECB/2014/9 of the European Central Bank (1) specifies the general principles to be followed by the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) when carrying out domestic operations in assets and liabilities on their own initiative.












(2)


The Eurepo index was identified in Article 2(e) of Guideline ECB/2014/9 as the secured market rate with regard to fixed term deposits in domestic currency. The Eurepo index was discontinued on 2 January 2015. The secured market rate with regard to fixed term deposits in domestic currency will now be the STOXX EUR GC Pooling term indices with a comparable maturity.












(3)


Therefore, Guideline ECB/2014/9 should be amended accordingly,





HAS ADOPTED THIS GUIDELINE:



Article 1

Amendment

Article 2(e) of Guideline ECB/2014/9 is replaced by the following:






‘(e)


“secured market rate” means: (a) with regard to fixed term deposits in domestic currency, the STOXX EUR GC Pooling term indices with a comparable maturity; and (b) with regard to fixed term deposits in foreign currency, a comparable rate.’






Article 2

Taking effect

This Guideline shall take effect on the day of its notification to the NCBs.


Article 3

Addressees

This Guideline is addressed to the NCBs.




Done at Frankfurt am Main, 4 September 2015.


For the Governing Council of the ECB


The President of the ECB

Mario DRAGHI
            





(1)  Guideline ECB/2014/9 of the European Central Bank of 20 February 2014 on domestic asset and liability management operations by the national central banks (2014/304/EU) (OJ L 159, 28.5.2014, p. 56).
Case T-245/13: Judgment of the General Court of 4 September 2015 — United Kingdom v Commission (EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Single payment scheme — Key controls — Ancillary controls — Articles 51, 53, 73 and 73a of Regulation (EC) No 796/2004)
Date: 2015-09-04
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF Guarantee Section, Northern Ireland, agricultural expenditure, aid to agriculture, financial aid, single payment scheme








C_2015346EN.01002201.xml










19.10.2015   


EN


Official Journal of the European Union


C 346/22





Judgment of the General Court of 4 September 2015 — United Kingdom v Commission
(Case T-245/13) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Single payment scheme - Key controls - Ancillary controls - Articles 51, 53, 73 and 73a of Regulation (EC) No 796/2004))
(2015/C 346/24)
Language of the case: English

Parties


Applicant: United Kingdom of Great Britain and Northern Ireland (represented initially by C. Murrell, M. Holt and E. Jenkinson, and subsequently by M. Holt, acting as Agents, and by D. Wyatt QC, and V. Wakefield, Barrister)

Defendant: European Commission (represented by: P. Rossi and K. Skelly, acting as Agents)

Re:

Action for partial annulment of Commission Implementing Decision 2013/123/EU of 26 February 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2013 L 67, p. 20), as regards one entry in Annex I to the decision relating to a 5,19 % extrapolated correction applied to expenditure incurred in Northern Ireland (United Kingdom) in the financial year 2010, amounting to EUR 16 513 582,57.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 189, 29.6.2013.