do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8040 — Silver Lake Group/Cegid Group) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-06-08
Institutions: European Commission
Subjects: consultancy, economic concentration, merger control, software








C_2016204EN.01000801.xml










8.6.2016   


EN


Official Journal of the European Union


C 204/8





Prior notification of a concentration
(Case M.8040 — Silver Lake Group/Cegid Group)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 204/04)






1.


On 1 June 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(s) Silver Lake Group, L.P. (‘Silver Lake’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Cegid Group (‘Cegid’, France) by way of public bid.










2.


The business activities of the undertakings concerned are:
—   for Silver Lake: private investments in large scale companies within the technology, technology-enabled, and related growth industries on a global basis,
—   for Cegid: provision of finance, tax and human resource software for small and medium-sized enterprises, as well as vertical-specific (e.g. accounting and, to a lesser extent, retail and manufacturing) software solutions.










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.8040 — Silver Lake Group/Cegid Group, 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 T-585/15: Judgment of the General Court of 8 June 2016 — Monster Energy v EUIPO (GREEN BEANS) (EU trade mark — Application for the EU word mark GREEN BEANS — Application for restitutio in integrum — Non-compliance with the time limit for bringing an action before the General Court)
Date: 2016-06-08
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, trade-mark law








C_2016270EN.01004301.xml










25.7.2016   


EN


Official Journal of the European Union


C 270/43





Judgment of the General Court of 8 June 2016 — Monster Energy v EUIPO (GREEN BEANS)
(Case T-585/15) (1)

((EU trade mark - Application for the EU word mark GREEN BEANS - Application for restitutio in integrum - Non-compliance with the time limit for bringing an action before the General Court))
(2016/C 270/48)
Language of the case: English

Parties


Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 July 2015 (Case R 3002/2014-2), concerning an application for registration of the word mark GREEN BEANS as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Monster Energy Company to pay the costs.






(1)  OJ C 406, 7.12.2015.
Euro exchange rates
Date: 2016-06-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2016204EN.01000101.xml










8.6.2016   


EN


Official Journal of the European Union


C 204/1





Euro exchange rates (1)

7 June 2016
(2016/C 204/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1348 




JPY


Japanese yen


122,16 




DKK


Danish krone


7,4364 




GBP


Pound sterling


0,77880 




SEK


Swedish krona


9,2238 




CHF


Swiss franc


1,0979 




ISK


Iceland króna


 




NOK


Norwegian krone


9,2225 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


310,48 




PLN


Polish zloty


4,3486 




RON


Romanian leu


4,5073 




TRY


Turkish lira


3,2897 




AUD


Australian dollar


1,5260 




CAD


Canadian dollar


1,4505 




HKD


Hong Kong dollar


8,8145 




NZD


New Zealand dollar


1,6320 




SGD


Singapore dollar


1,5362 




KRW


South Korean won


1 311,68 




ZAR


South African rand


16,8695 




CNY


Chinese yuan renminbi


7,4579 




HRK


Croatian kuna


7,5128 




IDR


Indonesian rupiah


15 032,70 




MYR


Malaysian ringgit


4,6050 




PHP


Philippine peso


52,229 




RUB


Russian rouble


73,7121 




THB


Thai baht


39,990 




BRL


Brazilian real


3,9788 




MXN


Mexican peso


21,0712 




INR


Indian rupee


75,7405 






(1)  Source: reference exchange rate published by the ECB.
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (05431/2015 — C8-0061/2015 — 2013/0441(NLE))
Date: 2016-06-08
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Philippines, cooperation agreement (EU), cooperation policy, framework agreement, ratification of an agreement








C_2018086EN.01017301.xml










6.3.2018   


EN


Official Journal of the European Union


C 86/173





P8_TA(2016)0262
EU-Philippines Framework Agreement on Partnership and Cooperation (Consent) ***
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (05431/2015 — C8-0061/2015 — 2013/0441(NLE))
(Consent)
(2018/C 086/38)

The European Parliament,






—


having regard to the draft Council decision (05431/2015),










—


having regard to the draft Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (15616/2010),










—


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 (C8-0061/2015),










—


having regard to its non-legislative resolution of 8 June 2016 (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 (A8-0149/2016),












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 Republic of the Philippines.






(1)  Texts adopted of that date, P8_TA(2016)0263.
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (12089/2015 — C8-0374/2015 — 2015/0196(NLE))
Date: 2016-06-08
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, European Parliament
Subjects: EU visa policy, Schengen Agreement, Tonga, agreement (EU), external border of the EU, foreign national, ratification of an agreement








C_2018086EN.01016001.xml










6.3.2018   


EN


Official Journal of the European Union


C 86/160





P8_TA(2016)0255
EU-Tonga Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (12089/2015 — C8-0374/2015 — 2015/0196(NLE))
(Consent)
(2018/C 086/31)

The European Parliament,






—


having regard to the draft Council decision (12089/2015),










—


having regard to the draft Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (12087/2015),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0374/2015),










—


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 Civil Liberties, Justice and Home Affairs (A8-0179/2016),












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 Kingdom of Tonga.
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on conclusion, on behalf of the European Union, of an agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (ITA) (06925/2016 — C8-0141/2016 — 2016/0067(NLE))
Date: 2016-06-08
Institutions: Committee on International Trade, European Parliament
Subjects: World Trade Organisation, information technology, most favoured nation, ratification of an agreement, tariff exemption, trade agreement, trade agreement (EU)








C_2018086EN.01016201.xml










6.3.2018   


EN


Official Journal of the European Union


C 86/162





P8_TA(2016)0257
Expansion of trade in Information Technology Products (ITA) ***
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on conclusion, on behalf of the European Union, of an agreement in the form of the Declaration on the Expansion of Trade in Information Technology Products (ITA) (06925/2016 — C8-0141/2016 — 2016/0067(NLE))
(Consent)
(2018/C 086/33)

The European Parliament,






—


having regard to the draft Council decision (06925/2016),










—


having regard to the WTO Ministerial declaration of 16 December 2015, on the expansion of trade in information technology products (06926/2016),










—


having regard to the request for consent submitted by the Council in accordance with the first subparagraph of Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0141/2016),










—


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 International Trade (A8-0186/2016),












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 to the World Trade Organization.
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on subjecting the new psychoactive substance 1-phenyl-2-(1-pyrrolidin-1-yl) pentan-1-one (α-pyrrolidinovalerophenone, α-PVP) to control measures (15386/2015 — C8-0115/2016 — 2015/0309(CNS))
Date: 2016-06-08
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU control, drug addiction, drug traffic, health control, health risk, judicial cooperation in criminal matters in the EU, stimulant, toxicology








C_2018086EN.01016301.xml










6.3.2018   


EN


Official Journal of the European Union


C 86/163





P8_TA(2016)0258
Subjecting α-PVP to control measures *
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on subjecting the new psychoactive substance 1-phenyl-2-(1-pyrrolidin-1-yl) pentan-1-one (α-pyrrolidinovalerophenone, α-PVP) to control measures (15386/2015 — C8-0115/2016 — 2015/0309(CNS))
(Consultation)
(2018/C 086/34)

The European Parliament,






—


having regard to the Council draft (15386/2015),










—


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 (C8-0115/2016),










—


having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) thereof,










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0175/2016),












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.


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






(1)  OJ L 127, 20.5.2005, p. 32.
Case T-178/15: Order of the General Court of 8 June 2016 — Kohrener Landmolkerei and DHG v Commission (System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Letter from the Commission informing the competent national authorities of their late lodging of their opposition measure — Action manifestly lacking any foundation in law)
Date: 2016-06-08
Institutions: General Court
Subjects: Austria, admissibility, consumer information, designation of origin, foodstuff, labelling, milk, product designation, quality control of agricultural products








C_2016270EN.01004501.xml










25.7.2016   


EN


Official Journal of the European Union


C 270/45





Order of the General Court of 8 June 2016 — Kohrener Landmolkerei and DHG v Commission
(Case T-178/15) (1)

((System of traditional specialities guaranteed - Regulation (EU) No 1151/2012 - Letter from the Commission informing the competent national authorities of their late lodging of their opposition measure - Action manifestly lacking any foundation in law))
(2016/C 270/51)
Language of the case: German

Parties


Applicants: Kohrener Landmolkerei GmbH (Penig, Germany) and DHG Deutsche Heumilchgesellschaft mbH (Frohburg, Germany) (represented by: A. Wagner, lawyer)

Defendant: European Commission (represented by: J. Guillem Carrau and G. von Rintelen, acting as Agents)

Re:

Application based on Article 263 TFEU and asking for annulment of the decision contained in the letter of 9 February 2015 from the Director of Directorate B ‘Multilateral relations and quality policy’ of the Commission’s ‘Agriculture and rural development’ Directorate General, with the reference Ares (2015)529719, informing the competent German authorities that their opposition measure under Article 51(1) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1), which was lodged on 5 January 2015, was submitted after the deadline.

Operative part of the order







1.


The action is dismissed as being manifestly lacking any foundation in law.










2.


Kohrener Landmolkerei GmbH and DHG Deutsche Heumilchgesellschaft mbH shall bear their own costs and pay those incurred by the European Commission.






(1)  OJ C 245, 27.7.2015.
Case C-479/14: Judgment of the Court (First Chamber) of 8 June 2016 (request for a preliminary ruling from the Finanzgericht Düsseldorf (Finance Court, Düsseldorf — Germany)) — Sabine Hünnebeck v Finanzamt Krefeld (Reference for a preliminary ruling — Free movement of capital — Articles 63 TFEU and 65 TFEU — Gift tax — Gift of immovable property situated within national territory — National law providing for a higher tax-free allowance for residents than for non-residents — Existence of an optional regime allowing any person resident in an EU Member State to benefit from the higher tax-free allowance)
Date: 2016-06-08
Institutions: Court of Justice
Subjects: EU law - national law, basis of tax assessment, capital transfer tax, free movement of capital, gift, interpretation of the law








C_2016296EN.01000801.xml










16.8.2016   


EN


Official Journal of the European Union


C 296/8





Judgment of the Court (First Chamber) of 8 June 2016 (request for a preliminary ruling from the Finanzgericht Düsseldorf (Finance Court, Düsseldorf — Germany)) — Sabine Hünnebeck v Finanzamt Krefeld
(Case C-479/14) (1)

((Reference for a preliminary ruling - Free movement of capital - Articles 63 TFEU and 65 TFEU - Gift tax - Gift of immovable property situated within national territory - National law providing for a higher tax-free allowance for residents than for non-residents - Existence of an optional regime allowing any person resident in an EU Member State to benefit from the higher tax-free allowance))
(2016/C 296/11)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Sabine Hünnebeck

Defendant: Finanzamt Krefeld

Operative part of the judgment

Articles 63 TFEU and 65 TFEU must be interpreted as precluding rules of national law that provide, in respect of gifts between non-residents, in the absence of a specific request by the beneficiary, for recourse to a method of calculation of taxation by application of a lower tax-free allowance. Those articles also preclude, in any event, rules of national law which provide, at the request of such a beneficiary, for recourse to a method of calculation of taxation by application of a higher tax-free allowance which applies to gifts in respect of which at least one party is a resident, the exercise of that option by the non-resident beneficiary involving the aggregation, for the purpose of the calculation of tax due on the gift in question, of all the gifts received by that beneficiary from the same person over the course of the 10 years preceding and the 10 years following that gift.


(1)  OJ C 34, 2.2.2015.
Case T-294/16: Action brought on 8 June 2016 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MOUNT)
Date: 2016-06-08
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco, trade-mark law








C_2016279EN.01003801.xml










1.8.2016   


EN


Official Journal of the European Union


C 279/38





Action brought on 8 June 2016 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MOUNT)
(Case T-294/16)
(2016/C 279/53)
Language in which the application was lodged: English

Parties


Applicant: Kaane American International Tobacco Co. Ltd. (Jebel Ali, United Arab Emirates) (represented by: G. Hinarejos Mulliez, I. Valdelomar, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Global Tobacco FZCO (Dubai, United Arab Emirates)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘GOLD MOUNT’ — EU trade mark No 7 157 233

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 8 April 2016 in Case R 1857/2015-4

Form of order sought

The applicant claims that the Court should:






—


accept the present appeal;










—


annul the contested decision;










—


declare the registration of the EUTM No. 7.157.233 ‘GOLD MOUNT’ (figurative) valid for all the products covered;










—


condemn EUIPO (The Boards of Appeal) or subsidiary the other party in the proceedings to bear the costs and fees of the present proceedings.





Plea in law







—


Infringement of Article 51(1)(a) of Regulation No 207/2009.
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Palau on the short-stay visa waiver (12080/2015 — C8-0400/2015 — 2015/0193(NLE))
Date: 2016-06-08
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, European Parliament
Subjects: EU visa policy, Palau, Schengen Agreement, agreement (EU), external border of the EU, foreign national, ratification of an agreement








C_2018086EN.01015901.xml










6.3.2018   


EN


Official Journal of the European Union


C 86/159





P8_TA(2016)0254
EU-Palau Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 8 June 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Palau on the short-stay visa waiver (12080/2015 — C8-0400/2015 — 2015/0193(NLE))
(Consent)
(2018/C 086/30)

The European Parliament,






—


having regard to the draft Council decision (12080/2015),










—


having regard to the draft Agreement between the European Union and the Republic of Palau on the short-stay visa waiver (12077/2015),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0400/2015),










—


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 Civil Liberties, Justice and Home Affairs (A8-0177/2016),












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 Republic of Palau.