do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.7848 — ATP/AXA/Club Quarters/Cleavon) (Text with EEA relevance)
Date: 2015-12-17
Institutions: European Commission
Subjects: economic concentration, hotel industry, insurance company, investment company, merger control, property development, property leasing, social services








C_2015421EN.01000102.xml










17.12.2015   


EN


Official Journal of the European Union


C 421/1





Non-opposition to a notified concentration
(Case M.7848 — ATP/AXA/Club Quarters/Cleavon)
(Text with EEA relevance)
(2015/C 421/02)
On 10 December 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 32015M7848. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-669/15 R: Order of the President of the General Court of 17 December 2015 — Lysoform Dr. Hans Rosemann and Others v ECHA (Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — Lack of urgency)
Date: 2015-12-17
Institutions: General Court
Subjects: EU competition policy, chemical product, equal treatment, market approval








C_2016059EN.01002001.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/20





Order of the President of the General Court of 17 December 2015 — Lysoform Dr. Hans Rosemann and Others v ECHA
(Case T-669/15 R)
((Application for interim measures - REACH - Making available on the market and use of biocidal products - Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 - Application for suspension of operation - Lack of urgency))
(2016/C 059/22)
Language of the case: English

Parties


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

Defendant: European Chemicals Agency (ECHA) (represented by: C. Buchanan and W. Broere, acting as Agents)

Re:

Application for suspension of operation of the decision of ECHA of 16 July 2015 to include company B. as a supplier of an active substance on the list referred to in Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case T-534/14: Order of the General Court of 17 December 2015 — Murnauer Markenvertrieb v OHIM — Bach Flower Remedies (MURNAUERS Bachblüten) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
Date: 2015-12-17
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2016068EN.01002701.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/27





Order of the General Court of 17 December 2015 — Murnauer Markenvertrieb v OHIM — Bach Flower Remedies (MURNAUERS Bachblüten)
(Case T-534/14) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))
(2016/C 068/35)
Language of the case: German

Parties


Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and D. Horst, 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 intervening before the General Court: Bach Flower Remedies Ltd (Wimbledon, United Kingdom) (represented by: A. Renck and M. Petersen, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 May 2014 (Case R 2041/2012-2) concerning opposition proceedings between Murnauer Markenvertrieb GmbH and Bach Flower Remedies Ltd.

Operative part of the order







1.


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










2.


Murnauer Markenvertrieb GmbH and Bach Flower Remedies Ltd shall bear their own costs and shall each pay half of the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 351, 6.10.2014.
Case T-734/15 P: Appeal brought on 17 December 2015 by the European Commission against the judgment of the Civil Service Tribunal of 6 October 2015 in Case F-119/14, FE v Commission
Date: 2015-12-17
Institutions: General Court
Subjects: European official, competition (EU), damages, indemnification, professional experience








C_2016068EN.01003601.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/36





Appeal brought on 17 December 2015 by the European Commission against the judgment of the Civil Service Tribunal of 6 October 2015 in Case F-119/14, FE v Commission
(Case T-734/15 P)
(2016/C 068/46)
Language of the case: French

Parties


Appellant: European Commission (represented by F. Simonetti and G. Gattinara, acting as Agents)

Other party to the proceedings: FE (Luxembourg, Luxembourg)

Form of order sought by the appellant

The appellant claims that the Court should:






—


set aside the judgment of the Civil Service Tribunal of 6 October 2015 in Case F-119/14, FE v Commission;










—


dismiss the action brought by FE in Case F-119/14 as unfounded;










—


decide that each of the parties is to bear its own costs relating to the present proceedings;










—


order FE to pay the costs of the proceedings brought before the Civil Service Tribunal.





Grounds of appeal and main arguments

In support of the appeal, the appellant relies on three grounds.






1.


First ground, alleging a number of errors of law committed by the Civil Service Tribunal (CST) and a distortion of the documents in the file in the selection board’s interpretation and application of the condition for admission relating to minimum professional experience.










2.


Second ground, alleging an error of law in the CST’s conclusion that the Appointing Authority committed a manifest error of assessment.










3.


Third ground, alleging an error of law and a number of breaches of the obligation to state reasons committed by the CST in ordering the Commission to pay EUR 10 000 to the applicant at first instance.
Case T-79/15: Judgment of the General Court of 17 December 2015 — Olympus Medical Systems v OHIM (3D) (Community trade mark — Application for the Community figurative mark 3D — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2015-12-17
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2016059EN.01001702.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/17





Judgment of the General Court of 17 December 2015 — Olympus Medical Systems v OHIM (3D)
(Case T-79/15) (1)

((Community trade mark - Application for the Community figurative mark 3D - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2016/C 059/18)
Language of the case: English

Parties


Applicant: Olympus Medical Systems Corp. (Tokyo, Japan) (represented by: A. Ebert-Weidenfeller and C. Opatz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Doherty and A. Folliard-Monguiral, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 December 2014 (Case R 1708/2014-2) relating to an application for registration of the figurative sign 3D as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Olympus Medical Systems Corp. to pay the costs.






(1)  OJ C 118, 13.4.2015.
Case C-371/14: Judgment of the Court (Fourth Chamber) of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — APEX GmbH Internationale Spedition v Hauptzollamt Hamburg-Stadt (Reference for a preliminary ruling — Commercial policy — Dumping — Gas-fuelled, non-refillable pocket flint lighters — Regulation (EC) No 1225/2009 — Article 11(2) — Expiry — Article 13 — Circumvention — Implementing Regulation (EU) No 260/2013 — Validity — Extension of an anti-dumping duty at a date on which the regulation which imposed it is no longer in force — Change in the pattern of trade)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: Taiwan, Viet Nam, anti-dumping duty, import (EU), manufactured goods, originating product








C_2016068EN.01001301.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/13





Judgment of the Court (Fourth Chamber) of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — APEX GmbH Internationale Spedition v Hauptzollamt Hamburg-Stadt
(Case C-371/14) (1)

((Reference for a preliminary ruling - Commercial policy - Dumping - Gas-fuelled, non-refillable pocket flint lighters - Regulation (EC) No 1225/2009 - Article 11(2) - Expiry - Article 13 - Circumvention - Implementing Regulation (EU) No 260/2013 - Validity - Extension of an anti-dumping duty at a date on which the regulation which imposed it is no longer in force - Change in the pattern of trade))
(2016/C 068/16)
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: APEX GmbH Internationale Spedition

Defendant: Hauptzollamt Hamburg-Stadt

Operative part of the judgment

Council Implementing Regulation (EU) No 260/2013 of 18 March 2013 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1458/2007 on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China to imports of gas-fuelled, non-refillable pocket flint lighters consigned from the Socialist Republic of Vietnam, whether declared as originating in the Socialist Republic of Vietnam or not, is invalid.


(1)  OJ C 372, 20.10.2014.
Case F-24/15: Order of the Civil Service Tribunal (Second Chamber) of 17 December 2015 — Di Marzio v Council (Civil service — Contractual agent — Function group I — Reclassification of a contract into a contract as a member of the temporary staff for an indefinite term at Grade AST 3, AST 4 or AST 5 or into a contract as a member of the contract staff for an indefinite term in function group III — Articles 2, 3a, 3b, 80 and 88 of the Conditions of Employment of other servants — Obligation to state reasons — Manifest error of assessment — Principle of sound administration — Duty of care — Action manifestly lacking any foundation in law — Article 81 of the Rules of Procedure)
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: damages, servant (EU), staff regulations (EU), work contract








C_2016048EN.01010002.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/100





Order of the Civil Service Tribunal (Second Chamber) of 17 December 2015 — Di Marzio v Council
(Case F-24/15) (1)

((Civil service - Contractual agent - Function group I - Reclassification of a contract into a contract as a member of the temporary staff for an indefinite term at Grade AST 3, AST 4 or AST 5 or into a contract as a member of the contract staff for an indefinite term in function group III - Articles 2, 3a, 3b, 80 and 88 of the Conditions of Employment of other servants - Obligation to state reasons - Manifest error of assessment - Principle of sound administration - Duty of care - Action manifestly lacking any foundation in law - Article 81 of the Rules of Procedure))
(2016/C 048/116)
Language of the case: French

Parties


Applicant: Antony Di Marzio (Limelette, Belgium) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents)

Re:

Application for annulment of the decision rejecting the applicant’s request for reclassification of his contract as a member of the contract staff in function group I into a contract as a member of the temporary staff or, alternatively, into a contract as a member of the contract staff in function group III, and the claim for compensation for the non-material and material damage allegedly suffered.

Operative part of the order







1.


The action is dismissed as manifestly unfounded.










2.


Mr Di Marzio shall bear his own costs and is ordered to pay those incurred by the Council of the European Union.






(1)  OJ C 127 of 20/4/2015, p. 43.
Case T-242/12: Judgment of the General Court of 17 December 2015 — SNCF v Commission (State aid — Aid measures implemented by France in favour of Sernam SCS — Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam — Decision declaring the aid measures incompatible with the internal market — Misuse of aid — Recovery — Economic continuity — Private investor criterion)
Date: 2015-12-17
Institutions: General Court
Subjects: France, State aid, aid for restructuring, control of State aid, rail transport, reimbursement of aid








C_2016059EN.01001301.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/13





Judgment of the General Court of 17 December 2015 — SNCF v Commission
(Case T-242/12) (1)

((State aid - Aid measures implemented by France in favour of Sernam SCS - Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam - Decision declaring the aid measures incompatible with the internal market - Misuse of aid - Recovery - Economic continuity - Private investor criterion))
(2016/C 059/12)
Language of the case: French

Parties


Applicant: Société nationale des chemins de fer français (SNCF) (Paris, France) (represented by: P. Beurier, O. Billard and V. Landes, lawyers)

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

Intervener in support of the applicant: French Republic (represented by: initially D. Colas and J. Gstalter, subsequently by D. Colas and J. Rossi and finally by D. Colas and J. Bousin, acting as Agents)

Intervener in support of the defendant: Mory SA, in liquidation, (Pantin, France) and Mory Team, in liquidation, (Pantin) (represented by: B. Vatier and F. Loubières, lawyers)

Re:

Application for annulment of Commission Decision 2012/398/EU of 9 March 2012 on State aid SA. 12522 (C 37/08) — France — Enforcing the Sernam 2 Decision (OJ 2012 L 195, p. 19).

Operative part of the judgment

The Court:






1.


Dismisses the application of the Société nationale des chemins de fer français (SNCF);










2.


Orders SNCF to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the French Republic to bear its own costs;










4.


Orders Mory and Mory Team to bear their own costs.






(1)  OJ C 273, 8.9.2012.
European Parliament legislative resolution of 17 December 2015 on the draft Council decision on the conclusion, on behalf of the Union, of 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 (05432/2015 — C8-0062/2015 — 2013/0440(NLE))
Date: 2015-12-17
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Viet Nam, cooperation agreement (EU), cooperation policy, framework agreement, ratification of an agreement








C_2017399EN.01024701.xml










24.11.2017   


EN


Official Journal of the European Union


C 399/247





P8_TA(2015)0467
EU-Vietnam Framework Agreement on Comprehensive Partnership and Cooperation (consent) ***
European Parliament legislative resolution of 17 December 2015 on the draft Council decision on the conclusion, on behalf of the Union, of 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 (05432/2015 — C8-0062/2015 — 2013/0440(NLE))
(Consent)
(2017/C 399/55)

The European Parliament,






—


having regard to the draft Council decision (05432/2015),










—


having regard to the draft 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 (18204/2010),










—


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 (C8-0062/2015),










—


having regard to its non-legislative resolution of 17 December 2015 (1) on the draft decision,










—


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 (A8-0339/2015),












1.


Gives its consent to conclusion of the agreement;












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.






(1)  Texts adopted, P8_TA(2015)0468.
Case F-129/15: Order of the Civil Service Tribunal of 17 December 2015 — Morin v Commission
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: European official, indemnification, retirement conditions, transfer of pension rights








C_2016048EN.01010204.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/102





Order of the Civil Service Tribunal of 17 December 2015 — Morin v Commission
(Case F-129/15) (1)

(2016/C 048/121)
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 414, 14/12/2015, p. 44.
Case F-30/15: Order of the Civil Service Tribunal of 17 December 2015 — Diamantopoulos v EEAS
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: administrator, legal expenses, pay, promotion








C_2016048EN.01010202.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/102





Order of the Civil Service Tribunal of 17 December 2015 — Diamantopoulos v EEAS
(Case F-30/15) (1)

(2016/C 048/119)
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 146, 4/5/2015, p. 50.
Case C-529/14: Order of the Court of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — YARA Brunsbüttel GmbH v Hauptzollamt Itzehoe (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2003/96/EC — Taxation of energy products and electricity — Article 2(4)(b) — Dual use of energy products — Concept — Energy product used for the heat treatment of waste and exhaust gases)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: dual-use good, energy-generating product, gas, heating, motor fuel, tax exemption








C_2016078EN.01000201.xml










29.2.2016   


EN


Official Journal of the European Union


C 78/2





Order of the Court of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — YARA Brunsbüttel GmbH v Hauptzollamt Itzehoe
(Case C-529/14) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2003/96/EC - Taxation of energy products and electricity - Article 2(4)(b) - Dual use of energy products - Concept - Energy product used for the heat treatment of waste and exhaust gases))
(2016/C 078/02)
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: YARA Brunsbüttel GmbH

Defendant: Hauptzollamt Itzehoe

Operative part of the order

Article 2(4)(b) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, as amended by Council Directive 2004/75/EC of 29 April 2004, must be interpreted as meaning that the natural gas used, first, for superheating and drying steam which is then used in the ammonia production process and, secondly, for the thermal decomposition and drawing off of residual gases created by that process, does not constitute, for the purpose of that provision, an energy product that has a dual use to which that directive does not apply. Consequently, the Member States may grant a tax exemption for the use of such an energy product only in so far as that exemption complies with the obligations laid down in Directive 2003/96, as amended by Directive 2004/75.


(1)  OJ C 65, 23.2.2015
Case T-543/15 R: Order of the President of the General Court of 17 December 2015 — Lysoform Dr. Hans Rosemann and Others v ECHA (Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — Lack of urgency)
Date: 2015-12-17
Institutions: General Court
Subjects: EU competition policy, chemical product, equal treatment, market approval








C_2016059EN.01001901.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/19





Order of the President of the General Court of 17 December 2015 — Lysoform Dr. Hans Rosemann and Others v ECHA
(Case T-543/15 R)
((Application for interim measures - REACH - Making available on the market and use of biocidal products - Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 - Application for suspension of operation - Lack of urgency))
(2016/C 059/21)
Language of the case: English

Parties


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

Defendant: European Chemicals Agency (ECHA) (represented by: C. Buchanan and W. Broere, acting as Agents)

Re:

Application for suspension of operation of the decision of ECHA of 17 June 2015 to include company O. as a supplier of an active substance on the list referred to in Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.