do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8093 — EQT/Bilfinger Real Estate Solutions and Bilfinger Efficiency) (Text with EEA relevance)
Date: 2016-08-11
Institutions: European Commission
Subjects: building industry, economic concentration, merger control, real estate business








C_2016291EN.01000102.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/1





Non-opposition to a notified concentration
(Case M.8093 — EQT/Bilfinger Real Estate Solutions and Bilfinger Efficiency)
(Text with EEA relevance)
(2016/C 291/02)
On 1 August 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 32016M8093. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Council Decision (EU) 2016/1177 of 12 July 2016 on the signing, on behalf of the European Union, and provisional application, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC (OJ L 195, 20.7.2016)
Date: 2016-08-11
Institutions: Council of the European Union
Subjects: European tax cooperation, Monaco, agreement (EU), exchange of information, interest, interim agreement (EU), protocol to an agreement, revision of an agreement, signature of an agreement, tax on investment income








L_2016216EN.01002901.xml










11.8.2016   


EN


Official Journal of the European Union


L 216/29







Corrigendum to Council Decision (EU) 2016/1177 of 12 July 2016 on the signing, on behalf of the European Union, and provisional application, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC

(
Official Journal of the European Union L 195 of 20 July 2016
)


The publication of Decision (EU) 2016/1177 is to be considered null and void.
Non-opposition to a notified concentration (Case M.8081 — Triton/Voith Industrial Services) (Text with EEA relevance)
Date: 2016-08-11
Institutions: European Commission
Subjects: cleaning industry, economic concentration, merger control, provision of services








C_2016291EN.01000201.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/2





Non-opposition to a notified concentration
(Case M.8081 — Triton/Voith Industrial Services)
(Text with EEA relevance)
(2016/C 291/03)
On 3 August 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 32016M8081. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.8154 — Alpiq/GETEC Energie/JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-08-11
Institutions: European Commission
Subjects: economic concentration, energy industry, merger control, provision of services, telecommunications industry








C_2016291EN.01001801.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/18





Prior notification of a concentration
(Case M.8154 — Alpiq/GETEC Energie/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 291/09)






1.


On 2 August 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Alpiq AG, ultimately controlled by Alpiq Holding AG (‘Alpiq’, both of Switzerland) and GETEC Energie AG (‘GETEC’, Germany) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the joint venture (‘JV’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


Alpiq is an energy provider active throughout Europe,










—


GETEC is an energy service provider, specialising in electricity and gas supply as well as energy market related services. GETEC is primarily active in Germany and Austria,










—


the JV will provide energy market related administrative and customer services in several European countries.














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.8154 — Alpiq/GETEC Energie/JV, 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.
Euro exchange rates
Date: 2016-08-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2016411EN.01000201.xml










8.11.2016   


EN


Official Journal of the European Union


C 411/2





Euro exchange rates (1)

7 November 2016
(2016/C 411/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1062 




JPY


Japanese yen


115,40 




DKK


Danish krone


7,4408 




GBP


Pound sterling


0,89040 




SEK


Swedish krona


9,9833 




CHF


Swiss franc


1,0789 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1035 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


306,05 




PLN


Polish zloty


4,3301 




RON


Romanian leu


4,4988 




TRY


Turkish lira


3,5068 




AUD


Australian dollar


1,4397 




CAD


Canadian dollar


1,4813 




HKD


Hong Kong dollar


8,5800 




NZD


New Zealand dollar


1,5116 




SGD


Singapore dollar


1,5376 




KRW


South Korean won


1 264,69 




ZAR


South African rand


14,8845 




CNY


Chinese yuan renminbi


7,4941 




HRK


Croatian kuna


7,5140 




IDR


Indonesian rupiah


14 477,95 




MYR


Malaysian ringgit


4,6644 




PHP


Philippine peso


53,892 




RUB


Russian rouble


70,4750 




THB


Thai baht


38,728 




BRL


Brazilian real


3,5445 




MXN


Mexican peso


20,6389 




INR


Indian rupee


73,8440 






(1)  Source: reference exchange rate published by the ECB.
Case F-41/16: Action brought on 11 August 2016 — ZZ v EEAS
Date: 2016-08-11
Institutions: Civil Service Tribunal
Subjects: European civil service, education grant, payment








C_2016371EN.01002902.xml










10.10.2016   


EN


Official Journal of the European Union


C 371/29





Action brought on 11 August 2016 — ZZ v EEAS
(Case F-41/16)
(2016/C 371/32)
Language of the case: German

Parties


Applicant: ZZ (represented by: M. Meyer, lawyer)

Defendant: European External Action Service

Subject-matter and description of the proceedings

Action for annulment or setting aside of the appointing authority’s decisions to reclaim the education allowances allegedly unjustifiably received by the applicant and to refuse the applicant further additional education allowances and an order that the defendant shall repay the deductions.

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision of 12 May 2016 on the applicant’s complaints R/18/16 and R/19/16 and the thereby contested orders for the academic year 2014/15;










—


in the alternative, set aside the defendant’s decision of 12 May 2016 on the applicant’s complaints R/18/16 and R/19/16 and the thereby contested orders for the academic year 2014/15;










—


order the defendant to repay the unjust deductions on the basis of that decision to the applicant;










—


order the EEAS to pay the costs.
Case C-449/16: Request for a preliminary ruling from the Corte d’appello di Genova (Italy) lodged on 11 August 2016 — Kerly Del Rosario Martinez Silva v Istituto nazionale della previdenza sociale (INPS), Comune di Genova
Date: 2016-08-11
Institutions: Court of Justice
Subjects: equal treatment, family benefit, migrant worker, remuneration of work, work permit








C_2016410EN.01000801.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/8





Request for a preliminary ruling from the Corte d’appello di Genova (Italy) lodged on 11 August 2016 — Kerly Del Rosario Martinez Silva v Istituto nazionale della previdenza sociale (INPS), Comune di Genova
(Case C-449/16)
(2016/C 410/08)
Language of the case: Italian

Referring court

Corte d’appello di Genova

Parties to the main proceedings


Applicant: Kerly Del Rosario Martinez Silva

Defendants: Istituto nazionale della previdenza sociale (INPS), Comune di Genova

Questions referred







1)


Does a benefit such as that provided for in Article 65 of Law No 448/1998, known as ‘assegno ai nuclei familiari con almeno tre figli minori’ (allowance for households with at least three minor children), constitute a family benefit within the meaning of Article 3(1)(j) of Regulation (EC) No 883/2004? (1)











2)


If the answer to the first question is in the affirmative, does the principle of equal treatment laid down in Article 12(1)(e) of Directive 2011/98/EU (2) preclude legislation, such as the Italian legislation at issue, under which a third-country worker in possession of a ‘single work permit’ (which is valid for a period of more than six months) is not eligible for the ‘assegno per i nuclei familiari con almeno tre figli minori’, even though she lives with three or more minor children and her income is below the statutory limit?






(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(2)  Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ 2011 L 343, p. 1).
Euro exchange rates
Date: 2016-08-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2016291EN.01000301.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/3





Euro exchange rates (1)

10 August 2016
(2016/C 291/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1184 




JPY


Japanese yen


113,09 




DKK


Danish krone


7,4384 




GBP


Pound sterling


0,85541 




SEK


Swedish krona


9,4811 




CHF


Swiss franc


1,0923 




ISK


Iceland króna


 




NOK


Norwegian krone


9,2571 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,025 




HUF


Hungarian forint


310,41 




PLN


Polish zloty


4,2684 




RON


Romanian leu


4,4585 




TRY


Turkish lira


3,3030 




AUD


Australian dollar


1,4450 




CAD


Canadian dollar


1,4557 




HKD


Hong Kong dollar


8,6748 




NZD


New Zealand dollar


1,5418 




SGD


Singapore dollar


1,4968 




KRW


South Korean won


1 223,53 




ZAR


South African rand


14,8482 




CNY


Chinese yuan renminbi


7,4169 




HRK


Croatian kuna


7,4827 




IDR


Indonesian rupiah


14 627,55 




MYR


Malaysian ringgit


4,4624 




PHP


Philippine peso


52,130 




RUB


Russian rouble


72,0826 




THB


Thai baht


38,859 




BRL


Brazilian real


3,4911 




MXN


Mexican peso


20,4917 




INR


Indian rupee


74,5310 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.8140 — Kion/Dematic) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-08-11
Institutions: European Commission
Subjects: economic concentration, hoisting equipment, industrial manufacturing, merger control








C_2016291EN.01001701.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/17





Prior notification of a concentration
(Case M.8140 — Kion/Dematic)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 291/08)






1.


On 1 August 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Kion (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Dematic (Luxembourg) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Kion: manufacture of forklifts, warehouse equipment, and other industrial trucks. Kion offers electric forklift trucks, diesel and LP gas forklift trucks, warehouse handling equipment, platform trucks, and tractors as well as used trucks. In addition, Kion offers after sales services, including repair, maintenance, full service, and driver trainings as well as stock management system, transport and truck control system, fleet management as well as racking systems and RFID systems. Through Egemin Kion also offers supply chain automation solutions,
—   for Dematic: design, manufacture, integration and servicing of a range of automated system solutions that are used in warehousing and distribution operations. These automated systems enhance efficiency within warehouses and distribution chains by offering automated material handling. Dematic is based in Luxembourg and operates worldwide.










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.8140 — Kion/Dematic, 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.
Non-opposition to a notified concentration (Case M.7973 — Gerdau/Sumitomo/JV) (Text with EEA relevance)
Date: 2016-08-11
Institutions: European Commission
Subjects: economic concentration, iron and steel industry, merger control








C_2016291EN.01000101.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/1





Non-opposition to a notified concentration
(Case M.7973 — Gerdau/Sumitomo/JV)
(Text with EEA relevance)
(2016/C 291/01)
On 2 August 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 32016M7973. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-448/16: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 August 2016 — Mohamed Barkan, Souad Asbai, Assia Barkan, Zakaria Barkan, Nousaiba Barkan v Air Nostrum L.A.M. S.A.
Date: 2016-08-11
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, contract of carriage, damages, mutual recognition principle, traveller








C_2016428EN.01000502.xml










21.11.2016   


EN


Official Journal of the European Union


C 428/5





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 August 2016 — Mohamed Barkan, Souad Asbai, Assia Barkan, Zakaria Barkan, Nousaiba Barkan v Air Nostrum L.A.M. S.A.
(Case C-448/16)
(2016/C 428/07)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicants: Mohamed Barkan, Souad Asbai, Assia Barkan, Zakaria Barkan, Nousaiba Barkan

Defendant: Air Nostrum L.A.M. S.A.

Questions referred







1.


Is Article 5(1)(a) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to be interpreted as meaning that the concept of ‘matters relating to a contract’ also covers a claim for compensation made under Article 7 of Regulation (EC) No 261/2004 (2) of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 which is brought against an operating air carrier which is not a party to the contract with the passenger concerned?










2.


Insofar as Article 5(1) of Regulation (EC) No 44/2001 is applicable:
Where passengers are transported on two flights without any significant stopover at the connecting airports, is the passenger’s final destination to be regarded as the place where the services were provided under the second indent of Article 5(1)(b) of Regulation (EC) No 44/2001 even when the claim advanced in the application for compensation under Article 7 of Regulation (EC) No 261/2004 is based on a disruption to the first leg of the journey and the action is brought against the operating air carrier of the first flight, which is not party to the contract of carriage?






(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

(2)  OJ 2004 L 46, p. 1.
Non-opposition to a notified concentration (Case M.8095 — Ferrari Financial Services/FCA Bank/FFS JV) (Text with EEA relevance)
Date: 2016-08-11
Institutions: European Commission
Subjects: economic concentration, financing, merger control, motor vehicle industry








C_2016291EN.01000202.xml










11.8.2016   


EN


Official Journal of the European Union


C 291/2





Non-opposition to a notified concentration
(Case M.8095 — Ferrari Financial Services/FCA Bank/FFS JV)
(Text with EEA relevance)
(2016/C 291/04)
On 2 August 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 32016M8095. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-448/16: Action brought on 11 August 2016 — Mr. Kebab v EUIPO — Mister Kebap (Mr. KEBAB)
Date: 2016-08-11
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2016383EN.01001701.xml










17.10.2016   


EN


Official Journal of the European Union


C 383/17





Action brought on 11 August 2016 — Mr. Kebab v EUIPO — Mister Kebap (Mr. KEBAB)
(Case T-448/16)
(2016/C 383/23)
Language in which the application was lodged: Slovak

Parties


Applicant: Mr. Kebab s.r.o. (Košice-Západ, Slovakia) (represented by: L. Vojčík, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Mister Kebap, SL (Finestrat, Spain)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant

Trade mark at issue: Figurative mark containing the word elements ‘Mr. KEBAB’ — Application for registration No 12 551 222

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 11 May 2016 in Case R 987/2015-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


amend the contested decision so that the opposition of the other party to the proceedings before the Board of Appeal of 20 November 2014, No B 002370594, to the application for registration of the composite European Union trade mark ‘Mr. KEBAB’ is dismissed in its entirety;










—


order EUIPO and possibly the other party to the proceedings to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009