do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7972 — ITW/EF&C) (Text with EEA relevance)
Date: 2016-05-19
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2016180EN.01000301.xml










19.5.2016   


EN


Official Journal of the European Union


C 180/3





Prior notification of a concentration
(Case M.7972 — ITW/EF&C)
(Text with EEA relevance)
(2016/C 180/03)






1.


On 10 May 2016, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which Illinois Tool Works Inc. (‘ITW’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the Engineered Fasteners & Components (‘EF&C’, Germany) Business unit of ZF TRW Automotive Holdings Corp., a wholly owned subsidiary of ZF Friedrichshafen AG (Germany).










2.


The business activities of the undertakings concerned are:






—


ITW is a global manufacturer of a diversified range of industrial products and equipment. ITW’s operations are organised around seven segments: Automotive OEM; Test & Measurement and Electronics; Food Equipment; Polymers & Fluids; Welding; Construction Products; and Specialty Products. This transaction relates to ITW’s Automotive OEM segment which manufactures fasteners and plastic components for the automotive industry,










—


EF&C, a business unit of ZF TRW Automotive Holdings Corp., manufactures plastic fasteners and plastic components for the automotive industry.














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.7972 — ITW/EF&C, 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 T-248/16: Action brought on 19 May 2016 — Walfood v EUIPO — Romanov Holding (CHATKA)
Date: 2016-05-19
Institutions: General Court
Subjects: EU trade mark, crustacean, fish, frozen product, mollusc, preserved product, registered trade mark, trade-mark law








C_2016270EN.01005201.xml










25.7.2016   


EN


Official Journal of the European Union


C 270/52





Action brought on 19 May 2016 — Walfood v EUIPO — Romanov Holding (CHATKA)
(Case T-248/16)
(2016/C 270/59)
Language in which the application was lodged: French

Parties


Applicant: Walfood SA (Luxembourg, Luxembourg) (represented by: E. Cornu, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Romanov Holding, SL (La Moraleja, Madrid, Spain)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word element ‘CHATKA’ — European Union trade mark No 943670

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 21 March 2016 in Case R 150/2015-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the defendant to pay the costs.





Plea in law







—


Infringement of Article 57(2) and (3) of Regulation No 207/2009.
Notice of the impending expiry of certain anti-dumping measures
Date: 2016-05-19
Institutions: European Commission
Subjects: China, Moldova, Morocco, South Korea, Ukraine, anti-dumping duty, import (EU), iron and steel product, originating product








C_2016180EN.01000201.xml










19.5.2016   


EN


Official Journal of the European Union


C 180/2





Notice of the impending expiry of certain anti-dumping measures
(2016/C 180/02)
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Steel ropes and cables


The People’s Republic of China
Ukraine
Morocco
Moldova
The Republic of Korea


Anti-dumping duty


Council Implementing Regulation (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People’s Republic of China and Ukraine as extended to imports of steel ropes and cables consigned from Morocco, Moldova and the Republic of Korea, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of steel ropes and cables originating in South Africa pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 36, 9.2.2012, p. 1)


10.2.2017






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight of the day mentioned in this column.
Corrigendum to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013)
Date: 2016-05-19
Institutions: Council of the European Union, European Parliament
Subjects: aid to agriculture, financial aid, single payment scheme




L_2016130EN.01000801.xml










19.5.2016   


EN


Official Journal of the European Union


L 130/8







Corrigendum to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009

(
Official Journal of the European Union L 347 of 20 December 2013
)


On page 648, first subparagraph of Article 61(2):
for:


‘2.   Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.’,


read:


‘2.   Payments under the small farmers scheme shall replace the direct payments to be granted pursuant to Titles III and IV.’;


on page 649, Article 63(2)(a):
for:







‘(a)


an amount equal to the total value of the payments to be allocated …’,





read:







‘(a)


an amount equal to the total value of the direct payments to be allocated …’;





on page 649, Article 63(2)(b):
for:







‘(b)


an amount equal to the total value of the payments to be allocated …’,





read:







‘(b)


an amount equal to the total value of the direct payments to be allocated …’.
Euro exchange rates
Date: 2016-05-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2016180EN.01000101.xml










19.5.2016   


EN


Official Journal of the European Union


C 180/1





Euro exchange rates (1)

18 May 2016
(2016/C 180/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1279 




JPY


Japanese yen


123,38 




DKK


Danish krone


7,4373 




GBP


Pound sterling


0,77485 




SEK


Swedish krona


9,3525 




CHF


Swiss franc


1,1086 




ISK


Iceland króna


 




NOK


Norwegian krone


9,2785 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,022 




HUF


Hungarian forint


316,05 




PLN


Polish zloty


4,3885 




RON


Romanian leu


4,4990 




TRY


Turkish lira


3,3659 




AUD


Australian dollar


1,5521 




CAD


Canadian dollar


1,4637 




HKD


Hong Kong dollar


8,7575 




NZD


New Zealand dollar


1,6666 




SGD


Singapore dollar


1,5539 




KRW


South Korean won


1 340,31 




ZAR


South African rand


17,9156 




CNY


Chinese yuan renminbi


7,3714 




HRK


Croatian kuna


7,4880 




IDR


Indonesian rupiah


15 101,45 




MYR


Malaysian ringgit


4,5697 




PHP


Philippine peso


52,624 




RUB


Russian rouble


73,7809 




THB


Thai baht


40,165 




BRL


Brazilian real


3,9891 




MXN


Mexican peso


20,7883 




INR


Indian rupee


75,5460 






(1)  Source: reference exchange rate published by the ECB.
Case T-254/16: Action brought on 19 May 2016 — Steel Invest & Finance (Luxembourg) v Commission
Date: 2016-05-19
Institutions: General Court
Subjects: Belgium, State aid, control of State aid, financial aid, investment company, loan








C_2016251EN.01004201.xml










11.7.2016   


EN


Official Journal of the European Union


C 251/42





Action brought on 19 May 2016 — Steel Invest & Finance (Luxembourg) v Commission
(Case T-254/16)
(2016/C 251/48)
Language of the case: French

Parties


Applicant: Steel Invest & Finance (Luxembourg) SA (Strassen, Luxembourg) (represented by: E. van den Broucke, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:
primarily,






—


find that the European Commission made multiple manifest errors of assessment and infringed its duty to state reasons in relation to the characterisation of the existence of an advantage conferred by the loan given by Foreign Strategic Investment Holding to Steel Invest & Finance (Luxembourg), both in the analysis of the comparability of the Sumitomo and Rabobank loans and in the application of the 2008 Reference Rate Communication;




in the alternative,






—


find that the European Commission made a manifest error of assessment concerning the compatibility of the loan given by Foreign Strategic Investment Holding to Steel Invest & Finance (Luxembourg) by holding that the 2009 Communication setting a temporary framework for State aid measures to support access to finance in the current financial and economic crisis was not applicable;




in any event and consequently,






—


annul Article 1(e) of the European Commission’s Decision C(2016) 94 of 20 January 2016 on the State aid SA.33926 2013/C implemented by Belgium in favour of Duferco;










—


annul Articles 2 to 4 of that decision inasmuch as they concern the loan given by Foreign Strategic Investment Holding to Steel Invest & Finance (Luxembourg);










—


order the Commission 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 loan given by Foreign Strategic Investment Holding to Steel Invest & Finance (Luxembourg) did not confer any advantage and that the Commission made an error of assessment by holding that the loan at issue amounted to State aid.










2.


Second plea in law, alleging that the Commission made a manifest error of assessment in relation to the application of the Commission’s Communication — Temporary framework for State aid measures to support access to finance in the current financial and economic crisis (OJ 2009 C 83, p. 1).
Corrigendum to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 20.12.2013)
Date: 2016-05-19
Institutions: Council of the European Union
Subjects: agricultural production, aid to agriculture, barley, beef, butter, common wheat, durum wheat, export refund, farm price support, maize, production refund, reform of the CAP, rice, skimmed milk powder, sugar




L_2016130EN.01001301.xml










19.5.2016   


EN


Official Journal of the European Union


L 130/13







Corrigendum to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products

(
Official Journal of the European Union L 346 of 20 December 2013
)


On page 13, Article 1:
for:

‘This Regulation provides for measures on fixing prices, levies, aid and quantitative limitations related to the single common organisation of agricultural markets established by Regulation (EU) No 1308/2013.’,

read:

‘This Regulation provides for measures on fixing prices, levies, aid and quantitative limitations related to the common organisation of agricultural markets established by Regulation (EU) No 1308/2013.’;

on page 18, Article 15(1):
for:


‘1.   The Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets, established by Article 299 of Regulation (EU) No 1308/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.’,


read:


‘1.   The Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets, established by Article 229 of Regulation (EU) No 1308/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.’;


on page 19, Annex, Correlation Table, eighth row:
for:







‘Article 43(aa)


Article 3(5)’





read:







‘Article 43(aa)


Article 3(6)’
Case T-257/16: Action brought on 19 May 2016 – NM v European Council
Date: 2016-05-19
Institutions: General Court
Subjects: Türkiye, agreement (EU), aid to refugees, human rights, refugee, removal, right of asylum








C_2016251EN.01004301.xml










11.7.2016   


EN


Official Journal of the European Union


C 251/43





Action brought on 19 May 2016 – NM v European Council
(Case T-257/16)
(2016/C 251/49)
Language of the case: English

Parties


Applicant: NM (Lesbos Island, Greece) (represented by: B. Burns, Solicitor, and P. O’Shea, BL)

Defendant: European Council

Form of order sought

The applicant claims that the Court should:






—


annul the agreement between the European Council and Turkey dated 18 March 2016 entitled ‘EU-Turkey statement, 18th March 2016’;










—


order that the applicant’s legal costs are paid.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the agreement between the European Council and Turkey dated 18 March 2016 entitled ‘EU-Turkey statement, 18th March 2016’, is incompatible with EU fundamental rights, particularly Articles 1, 18 and 19 of the Charter of Fundamental Rights of the European Union.










2.


Second plea in law, alleging that Turkey is not a safe third country in the sense of Article 36 of Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13-34).










3.


Third plea in law, alleging that Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12-23) should have been implemented.










4.


Fourth plea in law, alleging that the challenging agreement is in reality a binding Treaty or ‘act’ having legal effects for the Applicant and that the failure to comply with Article 218 TFUE and/or Article 78.3 TFUE, either together or separately, render the challenged agreement invalid.










5.


Fifth plea in law, alleging that the prohibition of collective expulsion in the sense of Article 19.1 of the Charter on Fundamental Rights of the European Union is breached.
Corrigendum to Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards their application in the year 2014 (OJ L 347, 20.12.2013)
Date: 2016-05-19
Institutions: Council of the European Union, European Parliament
Subjects: EAFRD, EU aid, aid to agriculture, financial aid, rural development, single payment scheme








L_2016130EN.01001401.xml










19.5.2016   


EN


Official Journal of the European Union


L 130/14







Corrigendum to Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards their application in the year 2014

(
Official Journal of the European Union L 347 of 20 December 2013
)


On page 877, Annex I, correlation table, column concerning Regulation (EC) No 1698/2005:
for:


                  ‘Article 36(v): Animal welfare payments’,

read:


                  ‘Article 36(a)(v): Animal welfare payments’;

on page 877, Annex I, correlation table:
after Article 36(a)(v) the following row is inserted for Regulation (EC) No 1698/2005 and Regulation (EU) No 1305/2013, respectively:







‘Article 36(a)(vi): support for non-productive investments


Article 17(1)(d)’





on page 880, Annex II, point (4) concerning Annex VIII of Regulation (EC) No 73/2009:
in Table 2, the row concerning Croatia is deleted;
on page 882, Annex II, point (5) concerning Annex VIIIc of Regulation (EC) No 73/2009, heading:
for:


                        ‘National ceilings referred to in Article 72a(3) and Article 125a(3)’,

read:


                        ‘National ceilings referred to in Article 72a(6) and Article 125a(5)’.
Case C-278/16: Request for a preliminary ruling from the Landgericht Aachen (Germany) lodged on 19 May 2016 — Frank Sleutjes
Date: 2016-05-19
Institutions: Court of Justice
Subjects: Germany, criminal procedure, interpreting, ruling, translation








C_2016335EN.01003101.xml










12.9.2016   


EN


Official Journal of the European Union


C 335/31





Request for a preliminary ruling from the Landgericht Aachen (Germany) lodged on 19 May 2016 — Frank Sleutjes
(Case C-278/16)
(2016/C 335/41)
Language of the case: German

Referring court

Landgericht Aachen

Parties to the main proceedings


Applicant: Frank Sleutjes

Other party: Staatsanwaltschaft Aachen

Question referred

Is Article 3 of Directive 2010/64/EU (1) of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (Celex No 32010L0064) to be interpreted as meaning that the term ‘judgment’ in Paragraph 37(3) of the [Strafprozessordnung (StPO); the Code of Criminal Procedure] also includes penal orders within the meaning of Paragraph 407 et seq. of the Code of Criminal Procedure?


(1)  OJ L 280, 26.10.2010, p. 1.
Prior notification of a concentration (Case M.7786 — VISA Inc./VISA Europe) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-05-19
Institutions: European Commission
Subjects: economic concentration, electronic money, merger control








C_2016180EN.01000401.xml










19.5.2016   


EN


Official Journal of the European Union


C 180/4





Prior notification of a concentration
(Case M.7786 — VISA Inc./VISA Europe)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 180/04)






1.


On 10 May 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Visa Inc. (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Visa Europe Limited (‘Visa Europe’, England and Wales) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Visa Inc. operates a payment system under the VISA trademark and various ancillary services worldwide with the exception of the so-called ‘VE-Territory’,










—


Visa Europe operates a payment system under the VISA trademark in the VE Territory, which includes all the EEA Member States, Switzerland, Turkey, Israel and some other neighbouring jurisdictions.














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.7786 — VISA Inc./VISA Europe, 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.