do-me/EUR-LEX huggingface dataset:
Case F-135/15: Order of the Civil Service Tribunal (3rd Chamber) of 12 April 2016 — Beiner v Commission (Civil service — Competition — Eligibility conditions — Professional experience — Selection board’s decision not to allow the applicant to sit the competition — Manifest error of assessment)
Date: 2016-04-12
Institutions: Civil Service Tribunal
Subjects: EPSO, European official, competition (EU), professional experience, professional qualifications








C_2016191EN.01005101.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/51





Order of the Civil Service Tribunal (3rd Chamber) of 12 April 2016 — Beiner v Commission
(Case F-135/15) (1)

((Civil service - Competition - Eligibility conditions - Professional experience - Selection board’s decision not to allow the applicant to sit the competition - Manifest error of assessment))
(2016/C 191/73)
Language of the case: French

Parties


Applicant: Laurent Beiner (Knutange, France) (represented by: B. Sahki, lawyer)

Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, Agents)

Re:

Annulment of the decision of the selection board in Competition EPSO/AST/130/14 not to admit the applicant to the assessment stage, on the ground that he did not have the required level of studies and professional experience of a minimum of six years related to the nature of the work.

Operative part of the order







1.


The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded.










2.


Mr Laurent Beiner shall bear his own costs and is ordered to pay the costs incurred by the European Commission.






(1)  OJ C 7 of 11/01/2016, p. 37.
Prior notification of a concentration (Case M.7998 — Pacific Mezz/Oaktree/Railpool) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-04-12
Institutions: European Commission
Subjects: economic concentration, merger control, rental business








C_2016128EN.01002501.xml










12.4.2016   


EN


Official Journal of the European Union


C 128/25





Prior notification of a concentration
(Case M.7998 — Pacific Mezz/Oaktree/Railpool)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 128/05)






1.


On 4 April 2016, 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 Pacific Mezz Investco S.à r.l. (‘Pacific Mezz’, Luxembourg), managed by GIC Special Investments Pte Ltd (‘GICSI’, Singapore), and Oaktree Capital Group, LLC (‘Oaktree’, United States), acting on behalf of its affiliated investment funds and other entities, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the undertaking OCM Luxembourg EPF III Railpool Topco S.à r.l. (‘Railpool’, Luxembourg) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Pacific Mezz: investment holding company managed by GICSI, a manager of a diversified global portfolio of investments in private equity, venture capital and infrastructure funds, as well as direct investments in private companies,
—   for Oaktree: global alternative investment management firm specialised in non-traditional investment funds,
—   Railpool: provider of commercial leasing of rolling stock and ancillary services.










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.7998 — Pacific Mezz/Oaktree/Railpool, 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.
Council Implementing Decision (CFSP) 2016/573 of 12 April 2016 implementing Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
Date: 2016-04-12
Institutions: Council of the European Union
Subjects: North Korea, economic sanctions, international sanctions, legal person, vessel








L_2016097EN.01001201.xml










13.4.2016   


EN


Official Journal of the European Union


L 97/12








            COUNCIL IMPLEMENTING DECISION (CFSP) 2016/573
of 12 April 2016
         
implementing Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision 2013/183/CFSP of 22 April 2013 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2010/800/CFSP (1), and in particular Article 19(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 22 April 2013, the Council adopted Decision 2013/183/CFSP.












(2)


On 21 March 2016, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1718 (2006) deleted four vessels from the list of persons and entities subject to restrictive measures.












(3)


Annex I to Decision 2013/183/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex I to Decision 2013/183/CFSP is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 12 April 2016.


For the Council


The President

A.G. KOENDERS
            





(1)  
            OJ L 111, 23.4.2013, p. 52.




ANNEX
The vessels with the IMO numbers listed below are deleted from the list set out in entry 20 of part B (Entities) of Annex I to Council Decision 2013/183/CFSP:






(j)


JH 86 8602531










(l)


Jin Tal 9163154










(m)


Jin Teng 9163166










(dd)


Grand Karo 8511823
European Parliament legislative resolution of 12 April 2016 on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Federative Republic of Brazil and Europol (13980/2015 — C8-0010/2016 — 2016/0801(CNS))
Date: 2016-04-12
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, European Parliament
Subjects: Brazil, Europol, cooperation agreement (EU), police cooperation, ratification of an agreement








C_2018058EN.01023001.xml










15.2.2018   


EN


Official Journal of the European Union


C 58/230





P8_TA(2016)0098
Agreement on strategic cooperation between Brazil and Europol *
European Parliament legislative resolution of 12 April 2016 on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Federative Republic of Brazil and Europol (13980/2015 — C8-0010/2016 — 2016/0801(CNS))
(Consultation)
(2018/C 058/29)

The European Parliament,






—


having regard to the Council draft (13980/2015),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0010/2016),










—


having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1), and in particular Article 23(2) thereof,










—


having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information (2), and in particular Articles 5 and 6 thereof,










—


having regard to Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements (3),










—


having regard to Rules 59 and 50(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0070/2016),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Calls on the Commission to assess, after the entry into force of the new Europol Regulation (2013/0091(COD)), the provisions contained in the cooperation agreement; calls on the Commission to inform Parliament and the Council of the outcome of this assessment and, if appropriate, to submit a recommendation for an authorisation to open international renegotiation of the agreement;












5.


Instructs its President to forward its position to the Council, the Commission and Europol.






(1)  OJ L 121, 15.5.2009, p. 37.

(2)  OJ L 325, 11.12.2009, p. 6.

(3)  OJ L 325, 11.12.2009, p. 12.
Corrigendum to Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (OJ L 169, 1.7.2015)
Date: 2016-04-12
Institutions: Council of the European Union, European Parliament
Subjects: economic growth, fund (EU), investment, operation of the Institutions








L_2016096EN.01005001.xml










12.4.2016   


EN


Official Journal of the European Union


L 96/50







Corrigendum to Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments

(
Official Journal of the European Union L 169 of 1 July 2015
)


On page 34, Annex II, point 2(a):
for:






‘—


public sector entities (territorial or not, but excluding operations with such entities giving rise to direct Member State risk) and public-sector type entities.










—


platformy inwestycyjne;’,




read:






‘—


public sector entities (territorial or not, but excluding operations with such entities giving rise to direct Member State risk) and public-sector type entities.’.
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objectionsText with EEA relevance
Date: 2016-04-12
Institutions: European Commission
Subjects: Greece, State aid, Sweden, control of State aid








C_2016129EN.01000101.xml










12.4.2016   


EN


Official Journal of the European Union


C 129/1





Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
(Text with EEA relevance)
(2016/C 129/01)







Date of adoption of the decision


12.02.2016




Aid number


SA.43271 (2015/N)




Member State


Sweden




Region


—


—




Title (and/or name of the beneficiary)


Utvecklingsstöd till tryckta allmänna nyhetstidningar
Development aid for written news media




Legal basis


Förordning om statsbidrag till tryckta allmänna nyhetstidningar för utveckling av elektroniska publiceringstjänster




Type of measure


Scheme


—




Objective


Sectoral development




Form of aid


Direct grant




Budget


Overall budget: SEK 235 (in millions)
Annual budget: SEK 50 (in millions)




Intensity


75 %




Duration (period)


until 31.12.2020




Economic sectors


Publishing of books; periodicals and other publishing activities




Name and address of the granting authority







Myndigheten för radio och tv




Box 33, 121 25 Stockholm-Globen








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm.







Date of adoption of the decision


26.11.2015




Aid number


SA.43366 (2015/N)




Member State


Greece




Region


—


—




Title (and/or name of the beneficiary)


Amendment of the restructuring plan approved in 2014 and granting of new aid to Alpha Bank




Legal basis


Law 3864/2010 (Gov. Gazette A 119) Law 4340/2015 (Gov. Gazette A 134) Cabinet Act 36/2015 (Gov. Gazette A 135)




Type of measure


Individual aid


—




Objective


Remedy for a serious disturbance in the economy




Form of aid


Other — Additional restructuring aid to Alpha Bank




Budget


Overall budget: EUR 2 743  (in millions)




Intensity


—




Duration (period)


—




Economic sectors


Financial service activities; except insurance and pension funding




Name and address of the granting authority







Hellenic Financial Stability Fund




10, E. Venizelos Ave. (Panepistimiou), Athens 106 71, Greece








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm.
Case T-8/15: Judgment of the General Court of 12 April 2016 — Auyantepui Corp. v EUIPO — Magda Rose (Mr Jones) (European Union trade mark — Opposition proceedings — Application for European Union figurative mark Mr Jones — Earlier international figurative mark Jones — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2016-04-12
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2016191EN.01002601.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/26





Judgment of the General Court of 12 April 2016 — Auyantepui Corp. v EUIPO — Magda Rose (Mr Jones)
(Case T-8/15) (1)

((European Union trade mark - Opposition proceedings - Application for European Union figurative mark Mr Jones - Earlier international figurative mark Jones - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 191/33)
Language of the case: English

Parties


Applicant: Auyantepui Corp., SA (Panama, Panama) (represented by: E. Manresa Medina, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: E. Zaera Cuadrado, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Magda Rose GmbH & Co. KG (Vienna, Austria) (represented by: R. Kornfeld, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 October 2014 (Case R 49/2014-2) relating to opposition proceedings between Magda Rose GmbH & Co. KG and Auyantepui Corp., SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Auyantepui Corp., SA, to pay the costs.






(1)  OJ C 118, 13.4.2015.
Case F-98/15: Judgment of the Civil Service Tribunal (Third Chamber) of 12 April 2016 — CP v Parliament (Civil Service — Officials — Head of unit — Trial period — Not confirmed in the post of Head of unit — Enforcement of a judgment for annulment — Loss of opportunity)
Date: 2016-04-12
Institutions: Civil Service Tribunal
Subjects: administrator, allowances and expenses, damages, indemnification, pay rise, probationary period








C_2016191EN.01005001.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/50





Judgment of the Civil Service Tribunal (Third Chamber) of 12 April 2016 — CP v Parliament
(Case F-98/15) (1)

((Civil Service - Officials - Head of unit - Trial period - Not confirmed in the post of Head of unit - Enforcement of a judgment for annulment - Loss of opportunity))
(2016/C 191/72)
Language of the case: French

Parties


Applicant: CP (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Parliament (represented by: V. Montebello-Demogeot and O. Caisou-Rousseau, acting as Agents)

Re:

Annulment of the decision of 18 July 2014, which, following the judgment of the Tribunal in Case F-8/13, CP v European Parliament, of 26 March 2014, confirmed the applicant in his post as Head of unit, in so far as that decision does not provide for retroactive recognition of the status of Head of unit and the retroactive award of the increase in basic salary for his post (the management allowance), and the claim for damages for the material and non-material damage allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Orders the European Parliament to pay CP the sum of EUR 3 219,55. Default interest calculated at the rate fixed by the European Central Bank for its main refinancing operations and applicable to the material period, increased by two points, to run from 1 July 2011 until the date of actual payment, shall be added to that sum;










2.


Dismisses the remainder of the action;










3.


Orders each party to bear its own costs.






(1)  OJ C 294, 7.9.2015, p. 86.
Case T-361/15: Judgment of the General Court of 12 April 2016 — Choice v EUIPO (Choice chocolate & ice cream) (European Union trade mark — Application for the European Union figurative mark Choice chocolate & ice cream — Absolute ground for refusal — Descriptive Character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2016-04-12
Institutions: General Court
Subjects: EU trade mark, catering industry, confectionery product, dairy ice cream, registered trade mark, trade-mark law








C_2016191EN.01002901.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/29





Judgment of the General Court of 12 April 2016 — Choice v EUIPO (Choice chocolate & ice cream)
(Case T-361/15) (1)

((European Union trade mark - Application for the European Union figurative mark Choice chocolate & ice cream - Absolute ground for refusal - Descriptive Character - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2016/C 191/37)
Language of the case: Polish

Parties


Applicant: Choice sp. z o.o. (Legnica, Poland) (represented by: T. Mielke, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 30 April 2015 (Case R 2221/2014-5), concerning an application for registration of the figurative sign Choice chocolate & ice cream as a European Union trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Choice sp. z o.o. to pay the costs.






(1)  OJ C 294, 07.09.2015.
Prior notification of a concentration (Case M.7801 — Wabtec/Faiveley Transport) (Text with EEA relevance)
Date: 2016-04-12
Institutions: European Commission
Subjects: economic concentration, merger control, railway industry, vehicle parts








C_2016128EN.01002701.xml










12.4.2016   


EN


Official Journal of the European Union


C 128/27





Prior notification of a concentration
(Case M.7801 — Wabtec/Faiveley Transport)
(Text with EEA relevance)
(2016/C 128/07)






1.


On 4 April 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Westinghouse Air Brake Technologies Corporation (‘Wabtec’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of the whole of the undertaking Faiveley Transport S.A. (‘Faiveley’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Wabtec: manufacture and sale of railway equipment such as brakes, air compressors, friction brake products, positive train control, pantographs, heat exchangers, rail door and window assemblies and commuter locomotives as well as the provision of services in the railway sector,
—   for Faiveley: manufacture and sale of braking systems, pantographs and related products, couplers, draw gears, air generation and treatment units, energy meter, power collectors and converters, platform and access doors, automatic platform gates, movable steps and ramps and interior doors, and the provision of services related to the above products and systems.










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 M.7801 — Wabtec/Faiveley Transport, 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’).
Case C-201/16: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 12 April 2016 — Majid (or Madzhdi) Shiri
Date: 2016-04-12
Institutions: Court of Justice
Subjects: EU Member State, foreign national, right of asylum, stateless person








C_2016260EN.01001801.xml










18.7.2016   


EN


Official Journal of the European Union


C 260/18





Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 12 April 2016 — Majid (or Madzhdi) Shiri
(Case C-201/16)
(2016/C 260/23)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Majid (or Madzhdi) Shiri

Defendant: Bundesamt für Fremdenwesen und Asyl

Questions referred







1.


Are the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (1) that confer the right to an effective remedy against a transfer decision, in particular Article 27(1), to be interpreted as meaning that an applicant for asylum is entitled to claim that responsibility has been transferred to the requesting Member State on the ground that the six month transfer period has expired (Article 29(2) in conjunction with Article 29(1) of Regulation No 604/2013 in light of the 19th recital)?
If the answer to Question 1 is in the affirmative:










2.


Does the transfer of responsibility under the first sentence of Article 29(2) of Regulation No 604/2013 occur by the fact of the expiry of the transfer period without any order or, for responsibility to be transferred because the period has expired, is it also necessary that the obligation to take charge of, or to take back, the person concerned has been refused by the responsible Member State?






(1)  OJ 2013 L 180, p. 31.