do-me/EUR-LEX huggingface dataset:
Case C-545/15: Action brought on 16 October 2015 — European Commission v Republic of Poland
Date: 2015-10-16
Institutions: Court of Justice
Subjects: approximation of laws, electrical equipment, electronic waste, environmental risk prevention, pollution control measures, sanction (EU), waste disposal, waste recycling








C_2016016EN.01001901.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/19





Action brought on 16 October 2015 — European Commission v Republic of Poland
(Case C-545/15)
(2016/C 016/24)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: M. Heller, K. Herrmann and E. Sanfrutos Cano, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:






—


declare that, by not adopting and bringing into force the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment, (1) or in any event by not informing the Commission of those provisions, the Republic of Poland has failed to meet its obligations under Article 24(1) of that directive;










—


impose on the Republic of Poland, pursuant to Article 260(3) TFEU, for its failure to meet its obligation to notify the measures implementing Directive 2012/19/EU a penalty payment at a daily rate of EUR 71 610 from the day on which judgment is delivered in this case;










—


order the Republic of Poland to pay the costs of the proceedings.





Pleas in law and main arguments

The period for transposing Directive 2012/19/EU expired on 14 February 2014.


(1)  OJ 2012 L 197, p. 38.
Prior notification of a concentration (Case M.7737 — Honeywell/Elster) (Text with EEA relevance)
Date: 2015-10-16
Institutions: European Commission
Subjects: economic concentration, electronics industry, industrial manufacturing, measuring equipment, mechanical engineering, merger control








C_2015341EN.01002301.xml










16.10.2015   


EN


Official Journal of the European Union


C 341/23





Prior notification of a concentration
(Case M.7737 — Honeywell/Elster)
(Text with EEA relevance)
(2015/C 341/10)






1.


On 9 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Honeywell International Inc. of the USA (‘Honeywell’) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the Elster Division (‘Elster’) of Melrose Industries PLC of the United Kingdom by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Honeywell is a diversified technology and manufacturing company that is active worldwide in three business segments: (i) Aerospace, (ii) Automation and Control Solutions and (iii) Performance Materials and Technologies. Amongst others it manufactures and distributes integrated systems and components such as valves, burners and meters for heating applications and the measurement and regulation of gas flows.










—


Elster is a global supplier of integrated systems and components such as valves, burners and meters for heating applications and the measurement and regulation of gas flows. Elster also manufactures and supplies electricity and water metering products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7737 — Honeywell/Elster, 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’).
Corrigendum to Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (Official Journal of the European Union L 300 of 14 November 2009)
Date: 2015-10-16
Institutions: Council of the European Union, European Parliament
Subjects: bus, carriage of passengers, freedom to provide services, international transport, road cabotage, transport licence




L_2015272EN.01001501.xml










16.10.2015   


EN


Official Journal of the European Union


L 272/15







Corrigendum to Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006
(
Official Journal of the European Union L 300 of 14 November 2009
)

On page 92, Article 5(2):
for:


‘2.   Special regular services shall include:






(a)


the carriage of workers between home and work;










(b)


the carriage of school pupils and students to and from the educational institution.
The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.
Special regular services shall not be subject to authorisation in accordance with Chapter III where they are covered by a contract concluded between the organiser and the carrier.’,






read:


‘2.   Special regular services shall include in particular:






(a)


the carriage of workers between home and work;










(b)


the carriage of school pupils and students to and from the educational institution.
The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.
Special regular services shall not be subject to authorisation in accordance with Chapter III where they are covered by a contract concluded between the organiser and the carrier.’.
Case C-541/15: Request for a preliminary ruling from the Amtsgericht Wuppertal (Germany) lodged on 16 October 2015 — Mircea Florian Freitag
Date: 2015-10-16
Institutions: Court of Justice
Subjects: EU Member State, national, residence, surname








C_2016048EN.01000901.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/9





Request for a preliminary ruling from the Amtsgericht Wuppertal (Germany) lodged on 16 October 2015 — Mircea Florian Freitag
(Case C-541/15)
(2016/C 048/15)
Language of the case: German

Referring court

Amtsgericht Wuppertal

Parties to the main proceedings


Applicant: Mircea Florian Freitag

Other parties: Angela Freitag, Vica Pavel, Stadt Wuppertal, Oberbürgermeister der Stadt Wuppertal

Question referred

Are Articles 18 TFEU and 21 TFEU to be interpreted as meaning that the authorities of a Member State are obliged to recognise the change of name of a national of that State if that person is at the same time a national of another Member State and has, in that other Member State, by means of a change of name not associated with a change in family-law status, (re-) acquired his original family name received at the time of birth, even though the acquisition of that name did not take place during the habitual residence of that national in that other Member State and was carried out at his own request?
Non-opposition to a notified concentration (Case M.7727 — Colony/AXA/Groupe Data 4) (Text with EEA relevance)
Date: 2015-10-16
Institutions: European Commission
Subjects: economic concentration, information technology industry, insurance company, investment company, merger control, real estate business








C_2015341EN.01000301.xml










16.10.2015   


EN


Official Journal of the European Union


C 341/3





Non-opposition to a notified concentration
(Case M.7727 — Colony/AXA/Groupe Data 4)
(Text with EEA relevance)
(2015/C 341/02)
On 7 October 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 French 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 32015M7727. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (Official Journal of the European Union L 303 of 31 October 2012)
Date: 2015-10-16
Institutions: Council of the European Union, European Parliament
Subjects: EU market, developing countries, development aid, generalised preferences, market access, rule of law, sustainable development, tariff preference








L_2015272EN.01001401.xml










16.10.2015   


EN


Official Journal of the European Union


L 272/14







Corrigendum to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008
(
Official Journal of the European Union L 303 of 31 October 2012
)

On page 39, in Annex V in the table, the entry for Section S-4a, the column CN code:
CN code ‘
               1602 90 78 
               ’ is deleted;
on page 70, in Annex IX in the table, the entry for Section S-4a, the column CN code:
CN code ‘
               1602 90 78 
               ’ is deleted.
Commission Regulation (EU) 2015/1895 of 16 October 2015 establishing a prohibition of fishing for anglerfish in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium
Date: 2015-10-16
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2015277EN.01000701.xml










22.10.2015   


EN


Official Journal of the European Union


L 277/7








            COMMISSION REGULATION (EU) 2015/1895
of 16 October 2015
         
establishing a prohibition of fishing for anglerfish in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium


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) 2015/104 (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, 16 October 2015.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






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

(2)  Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1).




ANNEX






No


49/TQ104




Member State


Belgium




Stock


ANF/8ABDE.




Species


Anglerfish (Lophiidae)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Closing date


19.9.2015
Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92, on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
Date: 2015-10-16
Institutions: European Commission
Subjects: EU Member State, customs regulations, exchange of information, harmonisation of standards, tariff nomenclature








C_2015341EN.01000101.xml










16.10.2015   


EN


Official Journal of the European Union


C 341/1





Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92, on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
(2015/C 341/01)
Binding Tariff Information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:
Amendments to the Harmonized System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC2116 – report of the 55th Session of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANIZATION

(55th SESSION OF THE HSC IN MARCH 2015)
DOC. NC2116

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention







29.30


R/8




25.01


R/25




30.02


R/9




33.07


R/25




35.06


R/10




Chapter 39 General — Annex


R/10




61.10


R/24





Classification Opinions approved by the HS Committee







1511.90/1-2


R/11




1904.10/1


R/12




2007.99/1


R/13




2106.90/30-31


R/14




2309.90/7


R/15




3701.30/1


R/16




6102.30/1


R/17




6210.50/1


R/17




6307.90/6


R/18




8528.51/5


R/19




8541.40/1


R/20




8704.21/3


R/21




8711.50/1


R/22




9019.10/2


R/23




Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, 1049 Brussels, Belgium) or can be downloaded from the internet site of this Directorate-General:
http://ec.europa.eu/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/index_en.htm
Commission Regulation (EU) 2015/1896 of 16 October 2015 establishing a prohibition of fishing for hake in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium
Date: 2015-10-16
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2015277EN.01000901.xml










22.10.2015   


EN


Official Journal of the European Union


L 277/9








            COMMISSION REGULATION (EU) 2015/1896
of 16 October 2015
         
establishing a prohibition of fishing for hake in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium


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) 2015/104 (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, 16 October 2015.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






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

(2)  Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1).




ANNEX






No


48/TQ104




Member State


Belgium




Stock


HKE/8ABDE.




Species


Hake (Merluccius merluccius)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Closing date


19.9.2015
Non-opposition to a notified concentration (Case M.7773 — KKR/SoftwareONE) (Text with EEA relevance)
Date: 2015-10-16
Institutions: European Commission
Subjects: consultancy, economic concentration, holding company, information service, information technology industry, investment company, merger control








C_2015341EN.01000302.xml










16.10.2015   


EN


Official Journal of the European Union


C 341/3





Non-opposition to a notified concentration
(Case M.7773 — KKR/SoftwareONE)
(Text with EEA relevance)
(2015/C 341/03)
On 7 October 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 32015M7773. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-542/15: Request for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 16 October 2015 — Criminal proceedings against Angela Manzo
Date: 2015-10-16
Institutions: Court of Justice
Subjects: equal treatment, freedom to provide services, game of chance, public contract, right of establishment, trade licence








C_2016016EN.01001801.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/18





Request for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 16 October 2015 — Criminal proceedings against Angela Manzo
(Case C-542/15)
(2016/C 016/22)
Language of the case: Italian

Referring court

Tribunale di Santa Maria Capua Vetere

Party to the main proceedings

Angela Manzo

Questions referred







1.


Must [Articles 49 TFEU and 56 TFEU], as well as the principles of equal treatment and effectiveness, be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9]g) of Law No 44 of 26 April 2012) for the award of licences that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition relating to economic and financial standing as a result of the failure to provide for criteria other than the requirement of two bank references from two separate banks?










2.


Must Article 47 of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 be interpreted as precluding national legislation in the field of betting and gambling which provides for the organisation of a fresh call for tenders (as governed by Article [10(9]g) of Law No 44 of 26 April 2012) for the award of licences [that includes clauses excluding from the tendering procedure undertakings which have failed to meet the condition] relating to economic and financial standing as a result of the failure to provide for alternative documentation and options, as laid down under [EU] legislation?










3.


Do [Articles 49 TFEU and 56 TFEU] preclude national legislation which de facto prevents any cross-border activity in the field of betting and gambling, irrespective of the form which that activity takes, in particular (in line with the findings in the judgment of the Third Chamber of the Court of Justice of 12 September 2013 in [Joined Cases C-660/11 and C-8/12 Biasci and Others, EU:C:2013:550] in cases in which there are physical checks, for purposes of public security, of the undertaking’s intermediaries present on national territory?






(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).