do-me/EUR-LEX huggingface dataset:
Case C-639/15 P: Appeal brought on 1 December 2015 by Gat Microencapsulation GmbH (anciennement Gat Microencapsulation AG) against the judgment of the General Court (Sixth Chamber) delivered on 30 September 2015 in Case T-720/13: Gat Microencapsulation v EUIPO
Date: 2015-12-01
Institutions: Court of Justice
Subjects: EU trade mark, chemical product, insecticide, registered trade mark, trade-mark law








C_2016314EN.01000802.xml










29.8.2016   


EN


Official Journal of the European Union


C 314/8





Appeal brought on 1 December 2015 by Gat Microencapsulation GmbH (anciennement Gat Microencapsulation AG) against the judgment of the General Court (Sixth Chamber) delivered on 30 September 2015 in Case T-720/13: Gat Microencapsulation v EUIPO
(Case C-639/15 P)
(2016/C 314/12)
Language of the case: English

Parties


Appellant: Gat Microencapsulation GmbH (anciennement Gat Microencapsulation AG) (represented by: S. Soler Lerma, Agent, M. C. March Cabrelles, abogada)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO)
By order of 26 May 2016 the Court of Justice (Eight Chamber) held that the appeal was inadmissible.
Joined Cases C-124/13 and C-125/13: Judgment of the Court (Grand Chamber) of 1 December 2015 — European Parliament, European Commission v Council of the European Union (Actions for annulment — Regulation (EU) No 1243/2012 — Choice of legal basis — Article 43(2) and (3) TFEU — Policy decision — Long-term plan for cod stocks)
Date: 2015-12-01
Institutions: Court of Justice
Subjects: Irish Sea, North Sea, catch area, catch by species, catch quota, conservation of fish stocks, legal basis, sea fish, sea fishing








C_2016038EN.01000301.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/3





Judgment of the Court (Grand Chamber) of 1 December 2015 — European Parliament, European Commission v Council of the European Union
(Joined Cases C-124/13 and C-125/13) (1)

((Actions for annulment - Regulation (EU) No 1243/2012 - Choice of legal basis - Article 43(2) and (3) TFEU - Policy decision - Long-term plan for cod stocks))
(2016/C 038/03)
Language of the case: English

Parties


Applicants: European Parliament (represented by: I. Liukkonen, L.G. Knudsen and R. Kaškina, acting as Agents), European Commission (represented by: A. Bouquet, K. Banks and A. Szmytkowska, acting as Agents)

Defendant: Council of the European Union (represented by: E. Sitbon, A. de Gregorio Merino and A. Westerhof Löfflerová, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: M. Sampol Pucurull and N. Díaz Abad, acting as Agents), French Republic (represented by: G. de Bergues, D. Colas, R. Coesme and C. Candat, acting as Agents), Republic of Poland (represented by: B. Majczyna, M. Nowacki and A. Miłkowska, acting as Agents)

Operative part of the judgment

The Court:






1.


Annuls Council Regulation (EU) No 1243/2012 of 19 December 2012 amending Regulation (EC) No 1342/2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks;










2.


Maintains the effects of Regulation No 1243/2012 until the entry into force, within a reasonable period, which may not exceed 12 months starting from 1 January of the year following the date of delivery of the present judgment, of a new regulation adopted on the appropriate legal basis, namely Article 43(2) TFEU;










3.


Orders the Council of the European Union to pay the costs;










4.


Orders the Kingdom of Spain, the French Republic and the Republic of Poland to bear their own costs.






(1)  OJ C 156, 1.6.2013.
Case T-814/14: Order of the General Court of 1 December 2015 — Banco Espírito Santo v Commission (Action for annulment — State aid — Aid to the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo SA — Creation of a bridge bank — Decision not to raise objections — Commitments made by the Portuguese authorities — Monitoring of compliance with their commitments by a trustee — Payment of the trustee by the bad bank — Application for partial annulment — Inadmissible)
Date: 2015-12-01
Institutions: General Court
Subjects: Portugal, State aid, administrator, bank, control of State aid, principle of legal certainty, principle of proportionality








C_2016038EN.01005602.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/56





Order of the General Court of 1 December 2015 — Banco Espírito Santo v Commission
(Case T-814/14) (1)

((Action for annulment - State aid - Aid to the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo SA - Creation of a bridge bank - Decision not to raise objections - Commitments made by the Portuguese authorities - Monitoring of compliance with their commitments by a trustee - Payment of the trustee by the bad bank - Application for partial annulment - Inadmissible))
(2016/C 038/75)
Language of the case: Portuguese

Parties


Applicant: Banco Espírito Santo SA (Lisbon, Portugal) (represented by: M. Gorjão-Henriques and L.Bordalo e Sá, lawyers)

Defendant: European Commission (represented by: L. Flynn, M. França and P.-J Loewenthal, Agents)

Re:

Application for annulment of Points 9 and 18 of Annex II to Commission Decision C (2014) 5682 final, of 3 August 2014, State aid No SA.39250 (2014/N) — Portugal, Resolution of Banco Espírito Santo, S.A., in so far as they impose, or may be interpreted as imposing, on the applicant the responsibility for ensuring the remuneration or payment of any other costs of the Monitoring Trustee with respect to the commitments made by the Portuguese Republic:

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


There is no need to give a ruling on the application for leave to intervene lodged by the Portuguese Republic.










3.


Banco Espirito Santo SA is ordered to bear its own costs and to pay those incurred by the European Commission.










4.


Banco Espirito Santo SA, the European Commission and the Portuguese Republic are each ordered to bear their own costs relating for the application for leave to intervene.






(1)  OJ C 118, 13.4.2015.
Commission Regulation (EU) 2015/2242 of 1 December 2015 establishing a prohibition of fishing for greater forkbeard in Union and international waters of V, VI and VII by vessels flying the flag of Spain
Date: 2015-12-01
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, deep-sea fishing, fishing rights, international waters, sea fish, ship's flag








L_2015318EN.01001901.xml










4.12.2015   


EN


Official Journal of the European Union


L 318/19








            COMMISSION REGULATION (EU) 2015/2242
of 1 December 2015
         
establishing a prohibition of fishing for greater forkbeard in Union and international waters of V, VI and VII 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, 1 December 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) 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


61/DSS




Member State


Spain




Stock


GFB/567-




Species


Greater forkbeard (Phycis blennoides)




Zone


Union and international waters of V, VI and VII




Closing date


14.10.2015
Corrigendum to Commission Regulation (EU) 2015/2075 of 18 November 2015 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for abamectin, desmedipham, dichlorprop-P, haloxyfop-P, oryzalin and phenmedipham in or on certain products (OJ L 302, 19.11.2015)
Date: 2015-12-01
Institutions: European Commission
Subjects: animal feedingstuffs, animal product, crop production, food inspection, food safety, foodstuff, pesticide, pesticide residue




L_2015314EN.01007201.xml










1.12.2015   


EN


Official Journal of the European Union


L 314/72







Corrigendum to Commission Regulation (EU) 2015/2075 of 18 November 2015 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for abamectin, desmedipham, dichlorprop-P, haloxyfop-P, oryzalin and phenmedipham in or on certain products

(
Official Journal of the European Union L 302 of 19 November 2015
)


On page 17, Article 2:
for:


‘Article 2
Regulation (EC)8 December 2015 No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced by .’,


read:


‘Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced by 8 June 2016.’.
Case T-373/12: Order of the General Court of 1 December 2015 — REWE-Zentral v OHIM — Planet GDZ (PRO PLANET) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
Date: 2015-12-01
Institutions: General Court
Subjects: EU trade mark, building materials, metal furniture, registered trade mark, trade-mark law








C_2016038EN.01005201.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/52





Order of the General Court of 1 December 2015 — REWE-Zentral v OHIM — Planet GDZ (PRO PLANET)
(Case T-373/12) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))
(2016/C 038/68)
Language of the case: German

Parties


Applicant: REWE-Zentral AG (Cologne, Germany) (represented initially by M. Kinkeldey and A. Bognár, and subsequently by M. Kinkeldey and C. Schmitt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Planet GDZ AG (Tagelswangen, Switzerland) (represented initially by M. Nentwig and G.M. Becker, and subsequently by M. Nentwig, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 June 2012 (Case R 1350/2011-1), relating to opposition proceedings between Planet GDZ AG and REWE-Zentral AG.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


REWE-Zentral and Planet GDZ AG are ordered to bear their own costs and are each ordered to pay half of the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 319, 20.10.2012.
Euro exchange rates
Date: 2015-12-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2015399EN.01000101.xml










1.12.2015   


EN


Official Journal of the European Union


C 399/1





Euro exchange rates (1)

30 November 2015
(2015/C 399/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0579




JPY


Japanese yen


130,22




DKK


Danish krone


7,4604




GBP


Pound sterling


0,70480




SEK


Swedish krona


9,2070




CHF


Swiss franc


1,0903




ISK


Iceland króna


 




NOK


Norwegian krone


9,1935




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,030




HUF


Hungarian forint


311,58




PLN


Polish zloty


4,2721




RON


Romanian leu


4,4503




TRY


Turkish lira


3,0789




AUD


Australian dollar


1,4671




CAD


Canadian dollar


1,4143




HKD


Hong Kong dollar


8,1989




NZD


New Zealand dollar


1,6120




SGD


Singapore dollar


1,4940




KRW


South Korean won


1 224,21




ZAR


South African rand


15,2894




CNY


Chinese yuan renminbi


6,7689




HRK


Croatian kuna


7,6330




IDR


Indonesian rupiah


14 645,43




MYR


Malaysian ringgit


4,5067




PHP


Philippine peso


49,921




RUB


Russian rouble


69,9854




THB


Thai baht


37,926




BRL


Brazilian real


4,0709




MXN


Mexican peso


17,5569




INR


Indian rupee


70,5275






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.7795 — Ratos/Varma/Real Estate JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-01
Institutions: European Commission
Subjects: economic concentration, insurance company, investment company, merger control, real estate business








C_2015399EN.01000301.xml










1.12.2015   


EN


Official Journal of the European Union


C 399/3





Prior notification of a concentration
(Case M.7795 — Ratos/Varma/Real Estate JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 399/03)






1.


On 23 November 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ratos AB (‘Ratos’ of Sweden) and Varma Mutual Pension Insurance Company (‘Varma’ of Finland), acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of a real estate property portfolio by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Ratos is a private equity conglomerate active in a number of sectors,










—


Varma is a Finnish mutual pension insurance company owned by its client companies and self-employed persons, insured employees and owners of the guarantee capital,










—


the real estate portfolio comprises 22 retail properties located in 14 municipalities in Finland.














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.7795 — Ratos/Varma/Real Estate JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case C-59/15: Order of the President of the Court of 1 December 2015 (request for a preliminary ruling from the Commissione Tributaria Provinciale di Catanzaro — Italy) — Esse Di Emme Costruzioni Srl v Tribunale Amministrativo Regionale della Calabria, Ministero della Giustizia — Dipartimento Affari di Giustizia, Ministero dell’Economia e delle Finanze
Date: 2015-12-01
Institutions: Court of Justice
Subjects: access to the courts, administrative court, appeal, payment, public contract, right to justice








C_2016078EN.01001001.xml










29.2.2016   


EN


Official Journal of the European Union


C 78/10





Order of the President of the Court of 1 December 2015 (request for a preliminary ruling from the Commissione Tributaria Provinciale di Catanzaro — Italy) — Esse Di Emme Costruzioni Srl v Tribunale Amministrativo Regionale della Calabria, Ministero della Giustizia — Dipartimento Affari di Giustizia, Ministero dell’Economia e delle Finanze
(Case C-59/15) (1)

(2016/C 078/11)
Language of the case: Italian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 138, 27.4.2015.
Case C-545/14 P: Order of the Court (Seventh Chamber) of 1 December 2015 — Aguy Clement Georgias, Trinity Engineering (Private) Ltd, Georgiadis Trucking (Private) Ltd v Council of the European Union, European Commission (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Restrictive measures against certain persons and entities in view of the situation in Zimbabwe — Removal of the person in question from the list of persons and entities concerned — Compensation for the damage allegedly suffered)
Date: 2015-12-01
Institutions: Court of Justice
Subjects: Zimbabwe, damages, economic sanctions, international sanctions, natural person








C_2016038EN.01001601.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/16





Order of the Court (Seventh Chamber) of 1 December 2015 — Aguy Clement Georgias, Trinity Engineering (Private) Ltd, Georgiadis Trucking (Private) Ltd v Council of the European Union, European Commission
(Case C-545/14 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Action for damages - Restrictive measures against certain persons and entities in view of the situation in Zimbabwe - Removal of the person in question from the list of persons and entities concerned - Compensation for the damage allegedly suffered))
(2016/C 038/22)
Language of the case: English

Parties


Appellants: Aguy Clement Georgias, Trinity Engineering (Private) Ltd, Georgiadis Trucking (Private) Ltd (represented by: H. Mercer QC, and I. Quirk, Barrister)

Other parties to the proceedings: Council of the European Union (represented by: G. Étienne and B. Driessen, acting as Agents), European Commission (represented by: S. Bartelt and M. Konstantinidis, acting as Agents)

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Aguy Clement Georgias, Trinity Engineering (Private) Ltd and Georgiadis Trucking (Private) Ltd are ordered to bear their own costs and to pay the costs incurred by the Council of the European Union and by the European Commission.






(1)  OJ C 46, 9.2.2015.
Case T-696/15: Action brought on 1 December 2015 — Bodegas Vega Sicilia v OHIM (TEMPOS VEGA SICILIA)
Date: 2015-12-01
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2016038EN.01007101.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/71





Action brought on 1 December 2015 — Bodegas Vega Sicilia v OHIM (TEMPOS VEGA SICILIA)
(Case T-696/15)
(2016/C 038/95)
Language of the case: Spanish

Parties


Applicant: Bodegas Vega Sicilia, SA (Valbuena de Duero, Spain) (represented by: S. Alonso Maruri, lawyer)

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

Details of the proceedings before OHIM


Trade mark at issue: Community word mark ‘TEMPOS VEGA SICILIA’ — Application for registration No 13 066 121

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 30 September 2015 in Case R 285/2015-4

Form of order sought

The applicant claims that the Court should:






—


annul and, accordingly, declare inapplicable the decision of the Fourth Board of Appeal of OHIM of 30 September 2015 in Case R 285/2015-4;










—


annul and, accordingly, declare inapplicable the refusal decision of OHIM of 8 December 2014;










—


order OHIM to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(j) of Regulation No 207/2009 in conjunction with Article 118l of Regulation No 491/2009 on the organisation of the wine market.
Calls for proposals and related activities under the 2016-17 work programmes under Horizon 2020 — the Framework Programme for Research and Innovation (2014-20) and under the Research and Training Programme of the European Atomic Energy Community (2014-18) complementing Horizon 2020
Date: 2015-12-01
Institutions: European Commission
Subjects: EU programme, Framework Programme for Research and Development, education, innovation, invitation to tender








C_2015399EN.01000201.xml










1.12.2015   


EN


Official Journal of the European Union


C 399/2





Calls for proposals and related activities under the 2016-17 work programmes under Horizon 2020 — the Framework Programme for Research and Innovation (2014-20) and under the Research and Training Programme of the European Atomic Energy Community (2014-18) complementing Horizon 2020
(2015/C 399/02)
Notice is hereby given of the launch of calls for proposals and related activities under the 2016-17 work programmes under Horizon 2020 — the Framework Programme for Research and Innovation (2014-20) and under the Research and Training Programme of the European Atomic Energy Community (2014-18) complementing Horizon 2020.
The Commission has adopted by Decisions C(2015) 6776, and C(2015) 6744 of 13 October 2015 two work programmes which include calls for proposals and related activities.
These are subject to the availability of the appropriations provided for in the draft budget 2016 after the adoption of the budget for 2016 by the budgetary authority or if the budget is not adopted as provided for in the system of provisional twelfths.
These work programmes, including deadlines and budgets for the activities, are available through the Participant Portal website (http://ec.europa.eu/research/participants/portal) along with information on the modalities of the calls and related activities, and guidance for applicants on how to submit proposals. All this information will be updated as necessary on the same Participant Portal.
Proposals can be submitted at this stage only against topics marked ‘2016’ in the calls for proposals shown on the Participant Portal. Information on when proposals can be submitted against topics marked ‘2017’ will be provided at a later stage.