do-me/EUR-LEX huggingface dataset:
Case T-47/16: Action brought on 2 February 2016 — Sigma Orionis v REA
Date: 2016-02-02
Institutions: General Court
Subjects: EU aid, European Anti-fraud Office, audit, contractual liability, damages, principle of proportionality, research project, termination of a contract








C_2016098EN.01005801.xml










14.3.2016   


EN


Official Journal of the European Union


C 98/58





Action brought on 2 February 2016 — Sigma Orionis v REA
(Case T-47/16)
(2016/C 098/74)
Language of the case: French

Parties


Applicant: Sigma Orionis SA (Valbonne, France) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: Research Executive Agency (REA)

Form of order sought

The applicant claims that the Court should:






—


Declare that REA failed to fulfil its contractual obligations under grant contract H2020 by suspending all payments due to the applicant on the basis of an OLAF investigation report that was drawn up unlawfully;










—


In the alternative, order the appointment of an expert whose task will be to determine the amounts indisputably payable to the applicant under the contested grant contract.




Consequently, that the defendant be ordered:






—


to pay the amounts due under grant contract H2020, that is EUR ,, together with interest on late payment in accordance Article 21.11.1, calculated from the due date of the amounts payable, at the rate fixed by the European Central bank (ECB) for main refinancing operations, increased by 3.5 points,










—


to compensate the applicant for the additional harm that it has suffered, assessed at this stage in the amount of EUR 1 500 000 subject to increase or reduction in the course of the proceedings,










—


to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging that the Research Executive Agency (REA) cannot rely on an investigation report drawn up on the basis of evidence obtained unlawfully to justify its decision to suspend, in their entirety, the payments due to the applicant. The applicant claims, in that regard, that in so far as REA relied on unlawfully obtained evidence, both the suspension of payments and the termination of the grant contracts are unlawful.










2.


Second plea in law, alleging infringement of the principle of proportionality, in that the various technical audit reports invariably concluded that the resources were used by the applicant in accordance with the principles of economy, efficiency and sound financial management. It follows from this that REA could not claim to have validly found that the applicant had committed irregularities in connection with other grants such as to justify either the termination or suspension of all payments in the contested grant contracts. Moreover, participation in the grant agreements constitutes the only source of funding for the applicant and the absence of new European projects would inevitably lead to bankruptcy.
Non-opposition to a notified concentration (Case M.7845 — HCL Technologies Sweden/Volvo IT) (Text with EEA relevance)
Date: 2016-02-02
Institutions: European Commission
Subjects: economic concentration, information technology industry, merger control








C_2016039EN.01000102.xml










2.2.2016   


EN


Official Journal of the European Union


C 39/1





Non-opposition to a notified concentration
(Case M.7845 — HCL Technologies Sweden/Volvo IT)
(Text with EEA relevance)
(2016/C 39/02)
On 27 January 2016, 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 the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7845. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.7888 — APAX/B&G/Mannai/GFI Informatique) (Text with EEA relevance)
Date: 2016-02-02
Institutions: European Commission
Subjects: consultancy, economic concentration, information technology industry, investment company, merger control








C_2016039EN.01000101.xml










2.2.2016   


EN


Official Journal of the European Union


C 39/1





Non-opposition to a notified concentration
(Case M.7888 — APAX/B&G/Mannai/GFI Informatique)
(Text with EEA relevance)
(2016/C 39/01)
On 26 January 2016, 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 the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7888. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission Decision of 2 February 2016 designating the sites awarded the European Heritage label in 2015
Date: 2016-02-02
Institutions: European Commission
Subjects: Austria, Belgium, Croatia, Czechia, Estonia, European symbol, France, Hungary, Poland, Portugal, cultural heritage, heritage protection, history of Europe








C_2016040EN.01000301.xml










3.2.2016   


EN


Official Journal of the European Union


C 40/3





COMMISSION DECISION
of 2 February 2016
designating the sites awarded the European Heritage label in 2015
(2016/C 40/03)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 1194/2011/EU of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage label (1), and in particular Article 14(1) thereof,
Whereas:






(1)


On 2 December 2015, the European panel transmitted to the Commission its report regarding the selection process of sites for the attribution of the European Heritage label in 2015 and, taking into account its recommendations, the Commission should designate the sites to be awared the label.










(2)


In accordance with Article 15 of Decision No 1194/2011/EU, each site awarded the label should be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application for the selection,




HAS DECIDED AS FOLLOWS:
Sole Article
The European Heritage label is awarded to the Neanderthal prehistoric site and Krapina Museum (Croatia), the Olomouc Premyslid Castle and Archdiocesan Museum (Czech Republic), the Sagres promontory (Portugal), the Imperial Palace (Austria), the Historic Ensemble of the University of Tartu (Estonia), the Franz Liszt Academy of Music (Hungary), Mundaneum (Belgium), the World War I Eastern Front Cemetery No 123 (Poland) and the European District of Strasbourg (France).

Done at Brussels, 2 February 2016.


For the Commission

Tibor NAVRACSICS

Member of the Commission





(1)  OJ L 303, 22.11.2011, p. 1.
European Parliament legislative resolution of 2 February 2016 on the draft Council decision on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals (08648/2015 — C8-0157/2015 — 2014/0359(NLE))
Date: 2016-02-02
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: air quality, atmospheric pollutant, heavy metal, international convention, protocol to an agreement, revision of an agreement, transfrontier pollution








C_2018035EN.01015301.xml










31.1.2018   


EN


Official Journal of the European Union


C 35/153





P8_TA(2016)0026
Amendments to the 1998 Protocol to the 1979 Convention on long-range transboundary air pollution on heavy metals ***
European Parliament legislative resolution of 2 February 2016 on the draft Council decision on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals (08648/2015 — C8-0157/2015 — 2014/0359(NLE))
(Consent)
(2018/C 035/30)

The European Parliament,






—


having regard to the draft Council decision (08648/2015),










—


having regard to the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals (08648/2015 ADD 1),










—


having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0157/2015),










—


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 the Environment, Public Health and Food Safety (A8-0002/2016),












1.


Gives its consent to acceptance of the Amendments to the Protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Prior notification of a concentration (Case M.7939 — HDI Assicurazioni/CBA Vita/Sella Life) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-02-02
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control








C_2016039EN.01000401.xml










2.2.2016   


EN


Official Journal of the European Union


C 39/4





Prior notification of a concentration
(Case M.7939 — HDI Assicurazioni/CBA Vita/Sella Life)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 39/05)






1.


On 27 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which HDI Assicurazioni SpA (Italy), belonging to the Talnax Group (Germany) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of CBA Vita SpA (Italy) and its subsidiary Sella Life Limited, belonging to the Banca Sella Group (Italy) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for HDI: offering insurance products to private and commercial customers,
—   for CBA: offering life insurance products in Italy to private, professional and corporate customers; CBA has a marginal presence in insurances for damages related to sickness and accidents,
—   Sella Life: creation of unit-linked insurance contracts in Italy.










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.7939 — HDI Assicurazioni/CBA Vita/Sella Life, 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.