do-me/EUR-LEX huggingface dataset:
Case T-543/15: Action brought on 18 September 2015 — Lysoform Dr. Hans Rosemann e.a. v ECHA
Date: 2015-09-18
Institutions: General Court
Subjects: EU competition policy, chemical product, equal treatment, market approval








C_2015406EN.01003601.xml










7.12.2015   


EN


Official Journal of the European Union


C 406/36






Action brought on 18 September 2015 — Lysoform Dr. Hans Rosemann e.a. v ECHA
(Case T-543/15)
(2015/C 406/36)
Language of the case: English

Parties


Applicants: Lysoform Dr. Hans Rosemann GmbH (Berlin, Germany), Ecolab Deutschland GmbH (Monheim), Schülke & Mayr GmbH (Norderstedt), Diversey Europe Operations BV (Amsterdam, Netherlands) (represented by: K. Van Maldegem and M. Grunchard, lawyers)

Defendants: European Chemicals Agency (ECHA)

Form of order sought

The applicants claim that the Court should:






—


declare the appeal admissible and well-founded;










—


annul the decision of the European Chemicals Agency concerning the inclusion of the company Oxea, based in Germany, as active substance supplier on the list provided by Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and the Council of 22 May 2012 concerning the making available on the market and use of biocidal products;










—


order ECHA to pay the costs of these proceedings; and










—


in light of the pending appeal before ECHA’s Appeal Board, stay proceedings in terms of Article 69, and in particular Article 69(d) of the Court’s Rules of Procedure, until such time as ECHA’s Appeal Board has decided on the admissibility of the Appeal before it.





Pleas in law and main arguments

The applicants submit that, by allowing a company to be included on list provided by Article 95 of Regulation (EU) No 528/2012 in respect of a given substance, ECHA has failed to apply the law. Its failures in that regard are founded on the three following pleas in law:






1.


First plea in law, alleging that ECHA has misapplied the rules regarding the requirement that the company submit a complete dossier under Article 95 of Regulation (EU) No 528/2012.










2.


Second plea in law, alleging an infringement of the principle of non-discrimination in that ECHA has treated companies which were in the same situation differently.










3.


Third plea in law, alleging an infringement of Articles 62, 63 and 95 of Regulation (EU) No 528/2012 in that contrary to the requirements of this Regulation, ECHA has failed to ensure that there is a level playing field between those companies that have participated in the review programme of the give substance and those that have been free-riders.
Case T-421/07 RENV: Judgment of the General Court of 18 September 2015 — Deutsche Post AG v Commission (State Aid — Postal delivery — Measures taken by the German authorities in favour of Deutsche Post AG — Decision to initiate the procedure laid down in Article 88(2) EC — Interest in bringing proceedings — Reopening of a closed procedure — Effects of a judgment anulling a measure)
Date: 2015-09-18
Institutions: General Court
Subjects: Germany, State aid, control of State aid, postal service








C_2015371EN.01001901.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/19





Judgment of the General Court of 18 September 2015 — Deutsche Post AG v Commission
(Case T-421/07 RENV) (1)

((State Aid - Postal delivery - Measures taken by the German authorities in favour of Deutsche Post AG - Decision to initiate the procedure laid down in Article 88(2) EC - Interest in bringing proceedings - Reopening of a closed procedure - Effects of a judgment anulling a measure))
(2015/C 371/21)
Language of the case: German

Parties


Applicant: Deutsche Post AG (Bonn, Germany) (represented by: J. Seddemund and T. Lübbig, lawyers)

Defendant: European Commission (represented by: B. Martenczuk, T Maxian Rusche and R Sauer, acting as Agents)

Intervener in support of the defendant: UPS Europe NV/SA (Brussels, Belgium); and UPS Deutschland Inc. & Co. OHG (Neuss, Germany) (represented by: T. Ottervanger, lawyer)

Re:

Application for annulment of the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) [EC] concerning State aid granted by the Federal Republic of Germany in favour of Deutsche post AG (State aid C 36/07(ex NN 25/07)).

Operative part of the judgment

The Court:






1.


Annuls the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) EC concerning State aid granted by the Federal Republic Of Germany in favour of Deutsche Post AG (State aid C 36/07(ex NN 25/07)) in so far as it initiated the formal investigation procedure in respect of the public measures concerned, with the exception of the State guarantees granted in favour of Deutsche Bundespost Postdienst and Deutsche Post;










2.


Orders the European Commission, in addition to bearing its own costs, to pay those incurred by Deutsche Post in respect of the action for annulment, including those incurred in the appeal proceedings before the Court of Justice;










3.


Orders UPS Europe NV/SA and UPS Deutschland Inc. & Co. OHG to pay their own costs.






(1)  OJ C 22, 26.1.2008
Council Decision (EU) 2015/1573 of 18 September 2015 appointing four Dutch members and five Dutch alternate members of the Committee of the Regions
Date: 2015-09-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of members








L_2015245EN.01001001.xml










22.9.2015   


EN


Official Journal of the European Union


L 245/10








            COUNCIL DECISION (EU) 2015/1573
of 18 September 2015
         
appointing four Dutch members and five Dutch alternate members 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 Dutch 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)


Four members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr R.E. (Ralph) DE VRIES, Mr A. (Bert) GIJSBERTS, Mrs W.H. (Hester) MAIJ and Mr B.S. (Bote) WILPSTRA.












(3)


Four alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr H. (Henk) BRINK, Mr J.H.J. (Hans) KONST, Mrs E.M. (Elvira) SWEET, and Mrs Dr J.M.E. (Annemieke) TRAAG.












(4)


An alternate member's seat would become vacant following the appointment of Mr T.J.S.M. BOVENS as member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



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






—


Mr J.A. (John) JORRITSMA, Commissaris van de Koning in Fryslân











—


Mr Th.J.F.M. (Theo) BOVENS, Commissaris van de Koning in Limburg











—


Mr M.A. (Michiel) SCHEFFER, Gedeputeerde in Gelderland











—


Mr C.J. (Cees) LOGGEN, Gedeputeerde in Noord-Holland







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






—


Mrs N. (Nienke) HOMAN, Gedeputeerde in Groningen











—


Mr A. (Ard) VAN DER TUUK, Gedeputeerde in Drenthe











—


Mr D.J.E. (Erik) LIEVERS, Gedeputeerde in Overijssel











—


Mrs A.M.A. (Mariëtte) PENNARTS-POUW, Gedeputeerde in Utrecht











—


Mr M.A. (Michiel) RIJSBERMAN, Gedeputeerde in Flevoland







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




Done at Brussels, 18 September 2015.


For the Council


The President

C. DIESCHBOURG
            





(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.
Prior notification of a concentration (Case M.7754 — Blackstone/Corsair Capital/First Eagle) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-09-18
Institutions: European Commission
Subjects: economic concentration, financial institution, financial services, investment company, merger control








C_2015308EN.01001101.xml










18.9.2015   


EN


Official Journal of the European Union


C 308/11





Prior notification of a concentration
(Case M.7754 — Blackstone/Corsair Capital/First Eagle)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 308/16)






1.


On 11 September 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 Blackstone Group LP (‘Blackstone’, USA) and Corsair Capital LLC (‘Corsair’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole of First Eagle Investment Management, LLC (‘FEIM’, USA).










2.


The business activities of the undertakings concerned are:
—   Blackstone: global alternative asset manager and provider of financial advisory services;
—   Corsair: private equity firm, focusing on investing in companies in the financial services industry worldwide;
—   FEIM: investment management firm registered in the United States.










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 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.7754 — Blackstone/Corsair Capital/First Eagle, 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.
Information communicated by Member States regarding closure of fisheries
Date: 2015-09-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Ireland, catch area, catch by species, catch quota, international waters, sea fish, sea fishing








C_2015308EN.01000701.xml










18.9.2015   


EN


Official Journal of the European Union


C 308/7





Information communicated by Member States regarding closure of fisheries
(2015/C 308/11)
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


1.1.2015




Duration


1.1-31.12.2015




Member State


Ireland




Stock or Group of stocks


SBR/678-




Species


Red seabream (Pagellus bogaraveo)




Zone


Union and international waters of VI, VII and VIII




Type(s) of fishing vessels


—




Reference number


31/DSS






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Implementing Regulation (EU) 2015/1564 of 18 September 2015 determining the quantities to be added to the quantity fixed for the subperiod 1 January to 31 March 2016 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector
Date: 2015-09-18
Institutions: European Commission
Subjects: common organisation of markets, import (EU), import licence, pigmeat, tariff quota








L_2015244EN.01005301.xml










19.9.2015   


EN


Official Journal of the European Union


L 244/53








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/1564
of 18 September 2015
         
determining the quantities to be added to the quantity fixed for the subperiod 1 January to 31 March 2016 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,

Whereas:







(1)


Commission Regulation (EC) No 442/2009 (2) opened annual tariff quotas for imports of pigmeat products. The quotas listed in Part B of Annex I to that Regulation are managed using the simultaneous examination method.












(2)


The quantities covered by import licence applications lodged from 1 to 7 September 2015 for the subperiod 1 October to 31 December 2015 are smaller than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.












(3)


In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have not been lodged under Regulation (EC) No 442/2009, to be added to the subperiod 1 January to 31 March 2016, are set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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, 18 September 2015.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (OJ L 129, 28.5.2009, p. 13).




ANNEX






Order No


Quantities not applied for, to be added to the quantities available for the subperiod 1 January to 31 March 2016
(kg)




09.4038


17 097 500 




09.4170


2 461 000 




09.4204


2 312 000
Council Decision (EU) 2015/1572 of 18 September 2015 appointing an Austrian member and an Austrian alternate member of the Committee of the Regions
Date: 2015-09-18
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of members








L_2015245EN.01000901.xml










22.9.2015   


EN


Official Journal of the European Union


L 245/9








            COUNCIL DECISION (EU) 2015/1572
of 18 September 2015
         
appointing an Austrian member and an Austrian 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 Austrian 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 end of the term of office of Mr Hans NIESSL,












(3)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Christian ILLEDITS,





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 Christian ILLEDITS, Landtagspräsident Burgenland







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 Hans NIESSL, Landeshauptmann Burgenland.







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




Done at Brussels, 18 September 2015.


For the Council


The President

C. DIESCHBOURG
            





(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.
Prior notification of a concentration (Case M.7773 — KKR/SoftwareONE) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-09-18
Institutions: European Commission
Subjects: consultancy, economic concentration, information technology industry, investment company, merger control








C_2015308EN.01001001.xml










18.9.2015   


EN


Official Journal of the European Union


C 308/10





Prior notification of a concentration
(Case M.7773 — KKR/SoftwareONE)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 308/15)






1.


On 8 September 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 KKR Co. LP (‘KKR’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of the undertaking SoftwareONE Holding AG (‘SWO’, Switzerland) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for KKR: advice to, and management of, global investment activities;
—   for SWO: software licensing and other IT services.










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.7773 — KKR/SoftwareONE, 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-387/13: Judgment of the General Court of 18 September 2015 — Federación Nacional de Cafeteros de Colombia v OHIM — Hautrive (COLOMBIANO HOUSE) (Community trade mark — Opposition proceedings — Application for Community figurative mark COLOMBIANO HOUSE — Earlier protected geographical indication Café de Colombia — Articles 13 and 14 of Regulation (EC) No 510/2006 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009)
Date: 2015-09-18
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2015363EN.01003101.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/31





Judgment of the General Court of 18 September 2015 — Federación Nacional de Cafeteros de Colombia v OHIM — Hautrive (COLOMBIANO HOUSE)
(Case T-387/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark COLOMBIANO HOUSE - Earlier protected geographical indication Café de Colombia - Articles 13 and 14 of Regulation (EC) No 510/2006 - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009))
(2015/C 363/39)
Language of the case: English

Parties


Applicant: Federación Nacional de Cafeteros de Colombia (Bogota, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Bertoli and Ó. Mondéjar Ortuño, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nadine Hélène Jeanne Hautrive (Chatou, France) (represented by: J. Beaumont, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 May 2013 (Case R 757/2012-5) relating to opposition proceedings between the Federación Nacional de Cafeteros de Colombia and Nadine Hélène Jeanne Hautrive.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 May 2013 (Case R 757/2012-5);










2.


Orders OHIM to bear its own costs and to pay those incurred by the Federación Nacional de Cafeteros de Colombia;










3.


Orders Ms Nadine Hélène Jeanne Hautrive to bear her own costs.






(1)  OJ C 274, 21.9.2013.
Corrigendum to Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 189, 27.6.2014)
Date: 2015-09-18
Institutions: Council of the European Union, European Parliament
Subjects: World Trade Organisation, infringement of EU law, international agreement, international standard, trade agreement (EU), trade dispute




L_2015243EN.01001401.xml










18.9.2015   


EN


Official Journal of the European Union


L 243/14







Corrigendum to Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization

(
Official Journal of the European Union L 189 of 27 June 2014
)


On page 57, Article 11:
for:


                     ‘In Article 13 of Regulation (EC) No 3286/94, paragraph 3 is replaced by the following:

‘3.   Where the Union, having acted in accordance with …’,


read:


                     ‘In Article 13 of Regulation (EC) No 3286/94, paragraph 2 is replaced by the following:

‘2.   Where the Union, having acted in accordance with …’.