do-me/EUR-LEX huggingface dataset:
Case T-124/14: Judgment of the General Court of 11 December 2015 — Finland v Commission (EAFRD — Expenditure excluded from financing — Rural development — One-off financial correction — Eligibility of expenditure incurred for the purchase of second hand machinery and equipment — Exemption for micro-, small and medium-sized undertakings — Article 55(1) of Regulation (EC) No 1974/2006)
Date: 2015-12-11
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF, agricultural machinery, aid to agriculture, distribution of EU funding, rural development, small and medium-sized enterprises








C_2016038EN.01004901.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/49





Judgment of the General Court of 11 December 2015 — Finland v Commission
(Case T-124/14) (1)

((EAFRD - Expenditure excluded from financing - Rural development - One-off financial correction - Eligibility of expenditure incurred for the purchase of second hand machinery and equipment - Exemption for micro-, small and medium-sized undertakings - Article 55(1) of Regulation (EC) No 1974/2006))
(2016/C 038/63)
Language of the case: Finnish

Parties


Applicant: Republic of Finland (represented by: J. Heliskoski and S. Hartikainen, acting as Agents)

Defendant: European Commission (represented by: P. Aalto, J. Aquilina, P. Rossi and T. Sevón, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2013/763/EU 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 338, p. 81), in so far as that decision excludes from European Union financing under the EAFRD certain expenditure of the Republic of Finland, amounting to EUR 92 782,58, as a result of their incompatibility with EU rules.

Operative part of the judgment

The Court:






1.


Annuls Commission Implementing Decision 2013/763/EU 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) in so far as that decision excludes from European Union financing under the EAFRD certain expenditure of the Republic of Finland, amounting to EUR 92 782,58, as a result of their incompatibility with EU rules;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 142, 12.5.2014.
Prior notification of a concentration (Case M.7819 — Freudenberg/Toray/JVC) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-11
Institutions: European Commission
Subjects: economic concentration, merger control, textile industry








C_2015411EN.01001001.xml










11.12.2015   


EN


Official Journal of the European Union


C 411/10





Prior notification of a concentration
(Case M.7819 — Freudenberg/Toray/JVC)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 411/07)






1.


On 4 December 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Freudenberg & Co. KG (‘Freudenberg’, Germany) and Toray Industries, Inc. (‘Toray’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Japan Vilene Company Ltd (‘JVC’, Japan) by way of public bid and purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Freudenberg is active worldwide in the development, production and sale of seals, vibration control technology components, filters, nonwovens, release agents and specialty lubricants as well as mechatronics products.










—


Toray is the parent company of the Toray group, which produces and sells fibres and textiles, plastics and chemicals, IT-related products, carbon fibre composite materials and products and services belonging to the area of life sciences, environment and engineering.










—


JVC manufactures and sells nonwoven materials for different applications, such as apparel, medical and consumer materials, industrial materials, electrical materials, filter and automotive materials.














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.7819 — Freudenberg/Toray/JVC, 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.
Decision of the EEA Joint Committee No 320/2015 of 11 December 2015 amending Annex XX (Environment) to the EEA Agreement [2017/1831]
Date: 2015-12-11
Institutions: EEA Joint Committee
Subjects: EU control, European Economic Area, analytical chemistry, chemical product, data collection, revision of an agreement, toxic substance, water analysis, water pollutant, water protection




L_2017263EN.01004101.xml










12.10.2017   


EN


Official Journal of the European Union


L 263/41








            DECISION OF THE EEA JOINT COMMITTEE
         
No 320/2015
of 11 December 2015
         
amending Annex XX (Environment) to the EEA Agreement [2017/1831]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2015/495 of 20 March 2015 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 13cae (Commission Directive 2009/90/EC) of Annex XX to the EEA Agreement:






‘13caf.



32015 D 0495: Commission Implementing Decision (EU) 2015/495 of 20 March 2015 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council (OJ L 78, 24.3.2015, p. 40).’






Article 2
The texts of Implementing Decision (EU) 2015/495 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 12 December 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 11 December 2015.


For the EEA Joint Committee


The President

Oda SLETNES
            





(1)  
            OJ L 78, 24.3.2015, p. 40.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 300/2015 of 11 December 2015 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1811]
Date: 2015-12-11
Institutions: EEA Joint Committee
Subjects: European Economic Area, chemical product, market approval, microorganism, pesticide, plant health control, revision of an agreement




L_2017263EN.01001001.xml










12.10.2017   


EN


Official Journal of the European Union


L 263/10








            DECISION OF THE EEA JOINT COMMITTEE
         
No 300/2015
of 11 December 2015
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1811]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2015/1609 of 24 September 2015 approving propiconazole as an existing active substance for use in biocidal products for product-type 7 (1) is to be incorporated into the EEA Agreement.












(2)


Commission Implementing Regulation (EU) 2015/1610 of 24 September 2015 approving Pythium oligandrum strain M1 as an active substance for use in biocidal products for product-type 10 (2) is to be incorporated into the EEA Agreement.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following points are inserted after point 12nne (Commission Implementing Decision (EU) 2015/655) of Chapter XV of Annex II to the EEA Agreement:






‘12nnf.



32015 R 1609: Commission Implementing Regulation (EU) 2015/1609 of 24 September 2015 approving propiconazole as an existing active substance for use in biocidal products for product-type 7 (OJ L 249, 25.9.2015, p. 17).










12nng.



32015 R 1610: Commission Implementing Regulation (EU) 2015/1610 of 24 September 2015 approving Pythium oligandrum strain M1 as an active substance for use in biocidal products for product-type 10 (OJ L 249, 25.9.2015, p. 20).’






Article 2
The texts of Implementing Regulations (EU) 2015/1609 and (EU) No 2015/1610 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 12 December 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 11 December 2015.


For the EEA Joint Committee


The President

Oda SLETNES
            





(1)  
            OJ L 249, 25.9.2015, p. 17.

(2)  
            OJ L 249, 25.9.2015, p. 20.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 304/2015 of 11 December 2015 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1815]
Date: 2015-12-11
Institutions: EEA Joint Committee
Subjects: European Economic Area, market approval, plant health control, plant health product, revision of an agreement, sugar




L_2017263EN.01001501.xml










12.10.2017   


EN


Official Journal of the European Union


L 263/15








            DECISION OF THE EEA JOINT COMMITTEE
         
No 304/2015
of 11 December 2015
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1815]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2015/1392 of 13 August 2015 approving the basic substance fructose in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Chapter XV of Annex II to the EEA Agreement shall be amended as follows:






(1)


the following indent is added in point 13a (Commission Implementing Regulation (EU) No 540/2011):






‘—



32015 R 1392: Commission Implementing Regulation (EU) 2015/1392 of 13 August 2015 (OJ L 215, 14.8.2015, p. 34).’;














(2)


the following point is inserted after point 13zzzzzh (Commission Implementing Regulation (EU) 2015/1295):






‘13zzzzzi.



32015 R 1392: Commission Implementing Regulation (EU) 2015/1392 of 13 August 2015 approving the basic substance fructose in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 215, 14.8.2015, p. 34).’










Article 2
The text of Implementing Regulation (EU) 2015/1392 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 12 December 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 11 December 2015.


For the EEA Joint Committee


The President

Oda SLETNES
            





(1)  
            OJ L 215, 14.8.2015, p. 34.

(*1)  No constitutional requirements indicated.
Euro exchange rates
Date: 2015-12-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2015411EN.01000201.xml










11.12.2015   


EN


Official Journal of the European Union


C 411/2





Euro exchange rates (1)

10 December 2015
(2015/C 411/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0943




JPY


Japanese yen


132,97




DKK


Danish krone


7,4609




GBP


Pound sterling


0,72350




SEK


Swedish krona


9,2761




CHF


Swiss franc


1,0806




ISK


Iceland króna


 




NOK


Norwegian krone


9,4370




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,021




HUF


Hungarian forint


316,61




PLN


Polish zloty


4,3389




RON


Romanian leu


4,5030




TRY


Turkish lira


3,1940




AUD


Australian dollar


1,5000




CAD


Canadian dollar


1,4817




HKD


Hong Kong dollar


8,4813




NZD


New Zealand dollar


1,6191




SGD


Singapore dollar


1,5338




KRW


South Korean won


1 287,37




ZAR


South African rand


16,7143




CNY


Chinese yuan renminbi


7,0416




HRK


Croatian kuna


7,6290




IDR


Indonesian rupiah


15 262,10




MYR


Malaysian ringgit


4,6599




PHP


Philippine peso


51,688




RUB


Russian rouble


75,3885




THB


Thai baht


39,422




BRL


Brazilian real


4,1177




MXN


Mexican peso


18,6731




INR


Indian rupee


73,0416






(1)  Source: reference exchange rate published by the ECB.
Case T-751/14: Judgment of the General Court of 11 December 2015 — Hikari Miso v OHIM — Nishimoto Trading (Hikari) (Community trade mark — Opposition proceedings — Application for Community word mark Hikari — Earlier national word mark HIKARI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-12-11
Institutions: General Court
Subjects: EU trade mark, condiment, foodstuff, registered trade mark, trade-mark law








C_2016038EN.01005102.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/51





Judgment of the General Court of 11 December 2015 — Hikari Miso v OHIM — Nishimoto Trading (Hikari)
(Case T-751/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark Hikari - Earlier national word mark HIKARI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 038/67)
Language of the case: English

Parties


Applicant: Hikari Miso Co. Ltd (Simosuwa-machi, Japan) (represented by: D. McFarland, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Nishimoto Trading Co. Ltd (Santa Fe Springs, California, United States) (represented by: G. Pritchard, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2014 (Case R 2394/2013-4), relating to opposition proceedings between Nishimoto Trading Co. Ltd and Hikari Miso Co. Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Hikari Miso Co. Ltd to pay the costs.






(1)  OJ C 7, 12.1.2015.
Prior notification of a concentration (Case M.7876 — Panalpina/Dutch Flower Group/Airflo) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-11
Institutions: European Commission
Subjects: air transport, economic concentration, floriculture, holding company, merger control








C_2015411EN.01000801.xml










11.12.2015   


EN


Official Journal of the European Union


C 411/8





Prior notification of a concentration
(Case M.7876 — Panalpina/Dutch Flower Group/Airflo)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 411/05)






1.


On 4 December 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Panalpina Welttransport (Holding) AG (‘Panalpina’, Switzerland) and Flower Retail Europe BV (‘Flower Retail’, the Netherlands) controlled by Dutch Flower Group BV (‘DFG’, Netherlands) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertakings Airflo BV (Netherlands) and Airflo Ltd (Kenya) (together ‘Airflo’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Panalpina: freight forwarding by air, sea and land and additional services such as logistic contracts,
—   for DFG: trading of floral products,
—   for Airflo: air freight forwarding of perishables, specialised in freight forwarding of fresh cut flowers out of Kenya.










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.7876 — Panalpina/Dutch Flower Group/Airflo, 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.
Prior notification of a concentration (Case M.7802 — Amadeus/Navitaire) (Text with EEA relevance)
Date: 2015-12-11
Institutions: European Commission
Subjects: air transport, economic concentration, information technology industry, merger control








C_2015411EN.01000901.xml










11.12.2015   


EN


Official Journal of the European Union


C 411/9





Prior notification of a concentration
(Case M.7802 — Amadeus/Navitaire)
(Text with EEA relevance)
(2015/C 411/06)






1.


On 4 December 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Amadeus IT Group SA (‘Amadeus’, Spain) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Navitaire LLC (‘Navitaire’, USA) by way of purchase of shares and assets. The concentration has been referred to the Commission by the United Kingdom pursuant to Article 22(3) of the Merger Regulation. The referral was subsequently joined by Austria, Germany and Spain.










2.


The business activities of the undertakings concerned are:
—   for Amadeus: Provision of IT solutions to travel service providers, like airlines and travel agencies worldwide. Amadeus' main activities are (i) the provision of Global Distribution System (GDS) services and (ii) internal IT solutions for airlines and airports. Amadeus' IT solutions for airlines include solutions for reservation and inventory management, departure control and other operational processes. In particular, Amadeus offers a Passenger Service System (‘PSS) called ‘Altéa’,
—   for Navitaire: Provision of IT solutions primarily to airlines, as well as high-speed rail and long-haul bus companies. Navitaire is active mainly in the area of reservations and inventory management services and ancillary products, where it offers a PSS called ‘New Skies’. Navitaire is currently a wholly owned subsidiary of Accenture plc (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.










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.7802 — Amadeus/Navitaire, 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’).