do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7823 — Acciona/Nordex) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-17
Institutions: European Commission
Subjects: economic concentration, energy production, mechanical engineering, merger control, turbine








C_2015421EN.01002401.xml










17.12.2015   


EN


Official Journal of the European Union


C 421/24





Prior notification of a concentration
(Case M.7823 — Acciona/Nordex)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 421/09)






1.


On 10 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 Acciona of Spain will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of part of the undertaking Nordex SE (‘Nordex’) of Germany by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Acciona is a diversified multinational conglomerate, with interests in the areas of infrastructure, construction, industry, water and energy services,










—


Nordex is a multinational which is mainly engaged in the manufacture and marketing of wind turbines.














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 M.7823 — Acciona/Nordex, 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-580/14: Order of the Court (Sixth Chamber) of 17 December 2015 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH v Bundesrepublik Deutschland (Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowances trading — Excess emissions penalty — Proportionality)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: greenhouse gas, marketing standard, principle of proportionality, tradeable emission permit








C_2016068EN.01001902.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/19





Order of the Court (Sixth Chamber) of 17 December 2015 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH v Bundesrepublik Deutschland
(Case C-580/14) (1)

((Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowances trading - Excess emissions penalty - Proportionality))
(2016/C 068/24)
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH

Defendant: Bundesrepublik Deutschland

Operative part of the order

Examination of the question referred has revealed nothing capable of affecting, in the light of the principle of proportionality, the validity of the second sentence of Article 16(3) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009, in that it provides for a penalty of EUR 100 for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances.


(1)  OJ C 96, 23.3.2015.
European Parliament legislative resolution of 17 December 2015 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, to take account of the accession of the Republic of Croatia to the European Union (13079/2014 — C8-0282/2014 — 2014/0222(NLE))
Date: 2015-12-17
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Croatia, Viet Nam, accession to the European Union, cooperation agreement (EU), cooperation policy, framework agreement, protocol to an agreement, ratification of an agreement








C_2017399EN.01024601.xml










24.11.2017   


EN


Official Journal of the European Union


C 399/246





P8_TA(2015)0466
EU-Vietnam Framework Agreement on Comprehensive Partnership and Cooperation (protocol to take account of the accession of Croatia) ***
European Parliament legislative resolution of 17 December 2015 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, to take account of the accession of the Republic of Croatia to the European Union (13079/2014 — C8-0282/2014 — 2014/0222(NLE))
(Consent)
(2017/C 399/54)

The European Parliament,






—


having regard to the draft Council decision (13079/2014),










—


having regard to the draft Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, to take account of the accession of the Republic of Croatia to the European Union (13078/2014),










—


having regard to the request for consent submitted by the Council in accordance with Articles 207 and 209 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0282/2014),










—


having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs (A8-0340/2015),












1.


Gives its consent to conclusion of the Protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Socialist Republic of Vietnam.
Case T-486/11: Judgment of the General Court of 17 December 2015 — Orange Polska v Commission (Competition — Abuse of dominant position — Polish telecommunications market — Decision establishing an infringement of Article 102 TFEU — Conditions imposed by the incumbent operator for allowing paid access for new operators to the network and to wholesale broadband access services — Legitimate interest in finding that an infringement was committed — Fines — Obligation to state reasons — Gravity of the infringement — Mitigating circumstances — Proportionality — Unlimited jurisdiction — 2006 Guidelines on the method of setting fines)
Date: 2015-12-17
Institutions: General Court
Subjects: Poland, dominant position, fine, principle of proportionality, telecommunications








C_2016059EN.01001201.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/12





Judgment of the General Court of 17 December 2015 — Orange Polska v Commission
(Case T-486/11) (1)

((Competition - Abuse of dominant position - Polish telecommunications market - Decision establishing an infringement of Article 102 TFEU - Conditions imposed by the incumbent operator for allowing paid access for new operators to the network and to wholesale broadband access services - Legitimate interest in finding that an infringement was committed - Fines - Obligation to state reasons - Gravity of the infringement - Mitigating circumstances - Proportionality - Unlimited jurisdiction - 2006 Guidelines on the method of setting fines))
(2016/C 059/11)
Language of the case: English

Parties


Applicant: Orange Polska S.A. formerly Telekomunikacja Polska S.A. (Warsaw, Poland) (represented: initially by M. Modzelewska de Raad, P. Paśnik, S. Hautbourg, lawyers, A. Howard, Barrister, and C. Vajda QC, and subsequently by M. Modzelewska de Raad, P. Paśnik, S. Hautbourg, A. Howard and D. Beard QC)

Defendant: European Commission (represented: initially by B. Gencarelli, K. Mojzesowicz and G. Koleva, and subsequently by K. Mojzesowicz, G. Koleva and M. Malferrari and finally by G. Koleva, M. Malferrari, É. Gippini Fournier and J. Szczodrowski, Agents)

Interveners in support of the applicant: Polska Izba Informatyki i Telekomunikacji (Warsaw, Poland) (represented: P. Rosiak and K. Karasiewicz, lawyers)

Intervener in support of the defendant: European Competitive Telecommunications Association (represented: initially by P. Alexiadis and J. MacKenzie, and subsequently by J. MacKenzie, Solicitors)

Re:

Application for the full or partial annulment of Commission Decision C(2011) 4378 final of 22 June 2011 relating to a proceeding under Article 102 TFEU (Case COMP/39.525 — Telekomunikacja Polska) and for a reduction of the fine imposed by the Commission in Article 2 of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Orange Polska S.A. to bear its own costs and to pay those of the European Commission;










3.


Orders Polska Izba Informatyki i Telekomunikacji and the European Competitive Telecommunications Association to bear their own costs.






(1)  OJ C 340, 19.11.2011.
Case C-402/14: Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Dioikitiko Efeteio Athinon — Greece) — Viamar — Elliniki Aftokiniton kai Genikon Epicheiriseon AE v Elliniko Dimosio (References for a preliminary ruling — Free movement of goods — Tax provisions — Internal taxation — Customs duties of a fiscal nature — Charges having equivalent effect — Formalities connected with the crossing of frontiers — Article 30 TFEU — Article 110 TFEU — Directive 92/12/EEC — Article 3(3) — Directive 2008/118/EC — Article 1(3) — Not implemented in domestic law — Direct effect — Levying of a tax on motor vehicles at the time of their import into the territory of a Member State — Tax linked to registration and potential putting into circulation of the vehicle — Refusal to refund the tax where the vehicle is not registered)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: administrative formalities, excise duty, free movement of goods, import tax, measure having equivalent effect, motor car, tax law, tax rebate, vehicle registration








C_2016068EN.01001501.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/15





Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Dioikitiko Efeteio Athinon — Greece) — Viamar — Elliniki Aftokiniton kai Genikon Epicheiriseon AE v Elliniko Dimosio
(Case C-402/14) (1)

((References for a preliminary ruling - Free movement of goods - Tax provisions - Internal taxation - Customs duties of a fiscal nature - Charges having equivalent effect - Formalities connected with the crossing of frontiers - Article 30 TFEU - Article 110 TFEU - Directive 92/12/EEC - Article 3(3) - Directive 2008/118/EC - Article 1(3) - Not implemented in domestic law - Direct effect - Levying of a tax on motor vehicles at the time of their import into the territory of a Member State - Tax linked to registration and potential putting into circulation of the vehicle - Refusal to refund the tax where the vehicle is not registered))
(2016/C 068/18)
Language of the case: Greek

Referring court

Dioikitiko Efeteio Athinon

Parties to the main proceedings


Applicant: Viamar — Elliniki Aftokiniton kai Genikon Epicheiriseon AE

Defendant: Elliniko Dimosio

Operative part of the judgment







1.


Article 1(3) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC must be interpreted as fulfilling the conditions for producing direct effect allowing individuals to rely on it before a national court in a dispute between them and a Member State.










2.


Article 30 TFEU must be interpreted as precluding a practice by a Member State, such as that at issue in the main proceedings, by which the registration tax collected upon import of motor vehicles originating from other Member States is not refunded when the vehicles concerned were never registered in that Member State and were re-exported to another Member State.






(1)  OJ C 380, 27.10.2014.
Special Report No 16/2015 — ‘Improving the security of energy supply by developing the internal energy market: more efforts needed’
Date: 2015-12-17
Institutions: European Court of Auditors
Subjects: EU aid, electricity supply, energy cooperation, energy supply, financial aid, gas supply, industrial infrastructure, security of supply, single market








C_2015421EN.01001001.xml










17.12.2015   


EN


Official Journal of the European Union


C 421/10





Special Report No 16/2015
‘Improving the security of energy supply by developing the internal energy market: more efforts needed’
(2015/C 421/06)
The European Court of Auditors hereby informs you that Special Report No 16/2015 ‘Improving the security of energy supply by developing the internal energy market: more efforts needed’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Publications (PUB)




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case F-134/14: Judgment of the Civil Service Tribunal (Single Judge) of 17 December 2015 — T v Commission (Civil service — Social security — Occupational disease — Article 73 of the Staff Regulations — Application for recognition of the occupational origin of a disease — Causation — Claim for damages for the non-material harm suffered as a result of the delay taken by the institution to acknowledge the occupational origin of the sickness — Obligation to adjudicate within a reasonable time — Non-material damage)
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: European official, damages, occupational disease, social security








C_2016048EN.01009401.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/94





Judgment of the Civil Service Tribunal (Single Judge) of 17 December 2015 — T v Commission
(Case F-134/14) (1)

((Civil service - Social security - Occupational disease - Article 73 of the Staff Regulations - Application for recognition of the occupational origin of a disease - Causation - Claim for damages for the non-material harm suffered as a result of the delay taken by the institution to acknowledge the occupational origin of the sickness - Obligation to adjudicate within a reasonable time - Non-material damage))
(2016/C 048/106)
Language of the case: French

Parties


Applicant: T (represented by: S. Rodrigues and A. Tymen, lawyers)

Defendant: European Commission (represented initially by J. Currall and C. Ehrbar, acting as Agents, and subsequently by C. Ehrbar, acting as Agent)

Re:

The application to annul the Commission’s decision to exclude the existence of harm arising from the delay taken by the Commission to establish the occupational origin of the applicant’s sickness and to pay her the amount of EUR 2 000 only as compensation for the uncertainty as regards recognition of the occupational origin of her illness and the claim for damages for the non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Orders the European Commission to pay T the amount of EUR 5 000;










2.


Dismisses the action as to the remainder.










3.


Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred T.






(1)  OJ C 34, 2/2/2015, p. 53.
Case C-388/14: Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Köln — Germany) — Timac Agro Deutschland GmbH v Finanzamt Sankt Augustin (Reference for a preliminary ruling — Tax legislation — Corporation tax — Freedom of establishment — Non-resident permanent establishment — Avoidance of double taxation by exemption of the income of the non-resident permanent establishment — Taking account of losses incurred by that permanent establishment — Reincorporation of the losses deducted previously in the event that the non-resident establishment is transferred — Definitive losses)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: corporation tax, double taxation, financial loss, nationality of legal persons, right of establishment, tax exemption, tax law, tax system








C_2016068EN.01001401.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/14





Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Köln — Germany) — Timac Agro Deutschland GmbH v Finanzamt Sankt Augustin
(Case C-388/14) (1)

((Reference for a preliminary ruling - Tax legislation - Corporation tax - Freedom of establishment - Non-resident permanent establishment - Avoidance of double taxation by exemption of the income of the non-resident permanent establishment - Taking account of losses incurred by that permanent establishment - Reincorporation of the losses deducted previously in the event that the non-resident establishment is transferred - Definitive losses))
(2016/C 068/17)
Language of the case: German

Referring court

Finanzgericht Köln

Parties to the main proceedings


Applicant: Timac Agro Deutschland GmbH

Defendant: Finanzamt Sankt Augustin

Operative part of the judgment







1.


Article 49 TFEU must be interpreted as not precluding a Member State’s tax regime, such as that at issue in the main proceedings, under which, in the event of transfer by a resident company to a non-resident company within the same group of a permanent establishment situated in another Member State, the losses previously deducted in respect of the establishment transferred are reincorporated into the taxable profit of the transferring company where, under a double taxation convention, the income of such a permanent establishment is exempt from tax in the Member State in which the company to which that establishment belonged has its seat.










2.


Article 49 TFEU is to be interpreted as not precluding a Member State’s tax regime, such as that at issue in the main proceedings, which, in the event of transfer by a resident company to a non-resident company within the same group of a permanent establishment situated in another Member State, excludes the possibility, for the resident company, of taking into account in its tax base the losses of the establishment transferred where, under a double taxation convention, the exclusive power to tax the profits of that establishment lies with the Member State in which the establishment is situated.






(1)  OJ C 372, 20.10.2014.
Action brought on 17 December 2015 by the EFTA Surveillance Authority against Iceland (Case E-31/15)
Date: 2015-12-17
Institutions: EFTA Court
Subjects: Iceland, artistic creation, artistic profession, copyright, infringement of EU law, literary and artistic property, music, national implementing measure








C_2016216EN.01000901.xml










16.6.2016   


EN


Official Journal of the European Union


C 216/9





Action brought on 17 December 2015 by the EFTA Surveillance Authority against Iceland
(Case E-31/15)
(2016/C 216/06)
An action against Iceland was brought before the EFTA Court on 17 December 2015 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Øyvind Bø and Íris Ísberg, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under the Act referred to at point 9f of Annex XVII to the Agreement on the European Economic Area, (Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights), as adapted to the Agreement by way of Protocol 1 thereto, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event by failing to inform the EFTA Surveillance Authority thereof.










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The application addresses Iceland’s failure to comply, no later than 8 June 2015, with a reasoned opinion delivered by the EFTA Surveillance Authority on 8 April 2015 regarding that State’s failure to implement into its national legal order Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights, as referred to at point 9f of Annex XVII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.
Case F-94/14: Judgment of the Civil Service Tribunal (First Chamber) of 17 December 2015 — Bowles v ECB (Civil service — ECB staff — Members of the Staff Committee — Remuneration — Salary — Additional increase in salary — Eligibility)
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: bonus payment, damages, pay, pay rise








C_2016048EN.01009201.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/92





Judgment of the Civil Service Tribunal (First Chamber) of 17 December 2015 — Bowles v ECB
(Case F-94/14) (1)

((Civil service - ECB staff - Members of the Staff Committee - Remuneration - Salary - Additional increase in salary - Eligibility))
(2016/C 048/103)
Language of the case: French

Parties


Applicant: Carlos Bowles (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: E. Carlini, S. Camilleri and M. López Torres, acting as Agents, B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision of the Executive Board of the ECB not to grant the applicant an additional salary increase, in the context of the annual revision of salaries and bonuses for 2014.

Operative part of the judgment

The Tribunal:






1)


Annuls the decision of the Executive Board of the European Central Bank of 25 February 2014 not to grant an additional salary increase for 2014 to Mr Bowles;










2)


Dismisses the action as to the remainder;










3)


The European Central Bank shall bear its own costs and pay those incurred by Mr Bowles.






(1)  OJ C 7, 12/1/2015, p. 49.