do-me/EUR-LEX huggingface dataset:
Case T-18/15: Judgment of the General Court of 15 September 2016 — Philip Morris v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of court proceedings — Exception relating to the protection of the decision-making process — Rights of the defence — Overriding public interest)
Date: 2016-09-15
Institutions: General Court
Subjects: access to EU information, approximation of laws, rights of the defence, tobacco industry








C_2016392EN.01003201.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/32





Judgment of the General Court of 15 September 2016 — Philip Morris v Commission
(Case T-18/15) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products - Refusal to grant access - Exception relating to the protection of court proceedings - Exception relating to the protection of the decision-making process - Rights of the defence - Overriding public interest))
(2016/C 392/39)
Language of the case: English

Parties


Applicant: Philip Morris Ltd (Richmond, United Kingdom) (represented by: K. Nordlander and M. Abenhaïm, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision Ares(2014) 3694540 of 6 November 2014, refusing access to certain documents relating to the adoption of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision Ares(2014) 3694540 of 6 November 2014, refusing access to certain documents relating to the adoption of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC, in so far as it refused access to the first three sentences of the third paragraph of Document No 6;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 107, 30.3.2015.
Case T-256/16 R: Order of the President of the General Court of 15 September 2016 — Niculae and Others v Romania and Others (Application for interim measures — Dismissal of the main action — No need to adjudicate)
Date: 2016-09-15
Institutions: General Court
Subjects: freedom to provide services, indemnification, jurisdiction, natural gas, security of supply








C_2016410EN.01002102.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/21





Order of the President of the General Court of 15 September 2016 — Niculae and Others v Romania and Others
(Case T-256/16 R)
((Application for interim measures - Dismissal of the main action - No need to adjudicate))
(2016/C 410/30)
Language of the case: Romanian

Parties


Applicants: Ioan Niculae (Bucharest, Romania) and the five other applicants, whose names are included in the Annex to the order (represented by: M. Vassii, lawyer)

Defendants: Romania, European Commission, Agency for the Cooperation of Energy Regulators (ACER) and Autoritatea naţională de reglementare în domeniul energiei (ANRE) (Romania).

Re:

Application for interim measures in the context of an action against Romania, the European Commission, the Agency for the Cooperation of Energy Regulators (ACER) and the Autoritatea naţională de reglementare în domeniul energiei (ANRE) (Romania).

Operative part of the order







1.


There is no need to adjudicate on the application for interim measures.










2.


Ioan Niculae and the other applicants whose names are included in the Annex to the order shall bear their own costs.
Information communicated by Member States regarding closure of fisheries
Date: 2016-09-15
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2016338EN.01000701.xml










15.9.2016   


EN


Official Journal of the European Union


C 338/7





Information communicated by Member States regarding closure of fisheries
(2016/C 338/09)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


20.8.2016




Duration


20.8.2016-31.12.2016




Member State


Belgium




Stock or group of stocks


WHG/08.




Species


Whiting (Merlangius merlangus)




Zone


VIII




Type(s) of fishing vessels


—




Reference number


23/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-710/14: Judgment of the General Court of 15 September 2016 — Herbert Smith Freehills v Council (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest)
Date: 2016-09-15
Institutions: General Court
Subjects: access to EU information, administrative transparency, provision of documents, right to information, tobacco, tobacco industry








C_2016402EN.01003901.xml










31.10.2016   


EN


Official Journal of the European Union


C 402/39





Judgment of the General Court of 15 September 2016 — Herbert Smith Freehills v Council
(Case T-710/14) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products - Refusal to grant access - Exception relating to the protection of legal advice - Rights of the defence - Overriding public interest))
(2016/C 402/43)
Language of the case: English

Parties


Applicant: Herbert Smith Freehills LLP (London, United Kingdom) (represented by: P. Wytinck, lawyer)

Defendant: Council of the European Union (represented by: E. Rebasti, M. Veiga and J. Herrmann, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: P. Van Nuffel, J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Decision 18/c/01/14 of the Council of 23 July 2014, refusing access to certain documents relating to the adoption of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Herbert Smith Freehills LLP to bear its own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 409, 17.11.2014.
Prior notification of a concentration (Case M.8055 — Coherent/Rofin-Sinar Technologies) (Text with EEA relevance)
Date: 2016-09-15
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control, non-ionising radiation








C_2016338EN.01001401.xml










15.9.2016   


EN


Official Journal of the European Union


C 338/14





Prior notification of a concentration
(Case M.8055 — Coherent/Rofin-Sinar Technologies)
(Text with EEA relevance)
(2016/C 338/16)






1.


On 7 September 2016, the Commission received a 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 the undertakings Coherent, Inc. (‘Coherent’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Rofin-Sinar Technologies Inc. (‘Rofin-Sinar’, USA and Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Coherent designs, manufactures, services and markets laser sources and related accessories for a diverse group of customers, including for materials processing applications.










—


Rofin-Sinar specializes in the design, development, engineering, manufacturing and marketing of laser sources and laser-based system solutions for industrial processing applications.














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.8055 — Coherent/Rofin-Sinar Technologies, 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-518/14: Judgment of the Court (Fourth Chamber) of 15 September 2016 (request for a preliminary ruling from the Niedersächsisches Finanzgericht — Germany) — Senatex GmbH v Finanzamt Hannover-Nord (Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 167, Article 178(a), Article 179 and Article 226(3) — Deduction of input tax — Invoices not showing a tax number or VAT identification number — Legislation of a Member State excluding the ex tunc correction of an invoice)
Date: 2016-09-15
Institutions: Court of Justice
Subjects: VAT, administrative formalities, invoicing, tax relief








C_2016419EN.01000602.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/6





Judgment of the Court (Fourth Chamber) of 15 September 2016 (request for a preliminary ruling from the Niedersächsisches Finanzgericht — Germany) — Senatex GmbH v Finanzamt Hannover-Nord
(Case C-518/14) (1)

((Reference for a preliminary ruling - Common system of value added tax - Directive 2006/112/EC - Article 167, Article 178(a), Article 179 and Article 226(3) - Deduction of input tax - Invoices not showing a tax number or VAT identification number - Legislation of a Member State excluding the ex tunc correction of an invoice))
(2016/C 419/07)
Language of the case: German

Referring court

Niedersächsisches Finanzgericht

Parties to the main proceedings


Applicant: Senatex GmbH

Defendant: Finanzamt Hannover-Nord

Operative part of the judgment

Article 167, Article 178(a), Article 179 and Article 226(3) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which the correction of an invoice in relation to a detail which must be mentioned, namely the value added tax identification number, does not have retroactive effect, so that the right to deduct value added tax exercised on the basis of the corrected invoice relates not to the year in which the invoice was originally drawn up but to the year in which it was corrected.


(1)  OJ C 34, 2.2.2015.
Case T-111/14: Judgment of the General Court of 15 September 2016 — Unitec Bio v Council (Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs)
Date: 2016-09-15
Institutions: General Court
Subjects: Argentina, anti-dumping duty, biofuel, import (EU), originating product, production cost








C_2016402EN.01002901.xml










31.10.2016   


EN


Official Journal of the European Union


C 402/29





Judgment of the General Court of 15 September 2016 — Unitec Bio v Council
(Case T-111/14) (1)

((Dumping - Imports of biodiesel originating in Argentina - Definitive anti-dumping duty - Action for annulment - Direct concern - Individual concern - Admissibility - Article 2(5) of Regulation (EC) No 1225/2009 - Normal value - Production costs))
(2016/C 402/31)
Language of the case: English

Parties


Applicant: Unitec Bio SA (Buenos Aires, Argentina) (represented by: J.-F. Bellis, R. Luff and G. Bathory, lawyers)

Defendant: Council of the European Union (represented initially by S. Boelaert and B. Driessen, and subsequently by H. Marcos Fraile, acting as Agents, and by R. Bierwagen and C. Hipp, lawyers)

Interveners in support of the defendant: European Commission (represented by M. França and A. Stobiecka-Kuik, acting as Agents) and European Biodiesel Board (EBB) (Brussels, Belgium) (represented by O. Prost and M.-S. Dibling, lawyers)

Re:

Action pursuant to Article 263 TFUE for annulment of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2) in so far as it imposes an anti-dumping duty on the applicant.

Operative part of the judgment

The Court:






1.


Annuls Articles 1 and 2 of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia, in so far as they concern Unitec Bio SA;










2.


Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Unitec Bio;










3.


Orders the European Commission and the European Biodiesel Board (EBB) to bear their own costs.






(1)  OJ C 112, 14.4.2014.
Information notice from the EFTA Surveillance Authority based on Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
Date: 2016-09-15
Institutions: EFTA Surveillance Authority
Subjects: Iceland, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2016338EN.01000901.xml










15.9.2016   


EN


Official Journal of the European Union


C 338/9





Information notice from the EFTA Surveillance Authority based on Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(2016/C 338/11)






Member State


Iceland




Route(s) concerned


Akureyri–Þórshöfn–Vopnafjörður–Akureyri
Akureyri–Grímsey–Akureyri
Reykjavík–Bíldudalur–Reykjavík
Reykjavík–Gjögur–Reykjavík
Reykjavík–Höfn í Hornafirði–Reykjavík




Period of validity of the contract


1 April 2017–31 March 2021




Deadline for submission of tenders


60 days from the publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained free of charge







Ríkiskaup




Borgartúni 7




101 Reykjavík




ICELAND




Tel. +354 5301400




Fax +354 5301414




Email: rikiskaup@rikiskaup.is




Web: www.rikiskaup.is
Case T-647/16: Action brought on 15 September 2016 — Camerin v Parliament
Date: 2016-09-15
Institutions: General Court
Subjects: European civil service, right to justice, staff regulations (EU), termination of employment








C_2016410EN.01002301.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/23





Action brought on 15 September 2016 — Camerin v Parliament
(Case T-647/16)
(2016/C 410/32)
Language of the case: French

Parties


Applicant: Laure Camerin (Etterbeek, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament

Form of order sought







—


Declare the application admissible;










—


Annul the contested decision;










—


Annul, if necessary, the rejection decision;










—


Order the defendant to pay all the costs.





Pleas in law and main arguments

In support of the action brought against the decision taken on 1 December 2015 by the Secretary General of the S&D Group in the European Parliament, refusing to extend the applicant’s service beyond the age of 65 years until 31 December 2016 (the contested decision), the applicant relies on a single plea in law, divided into two parts.






—


First part, alleging infringement of Article 52 of the Staff Regulations of Officials, a manifest error of assessment and infringement of the principle of sound administration.










—


Second part, alleging infringement of the sixth paragraph of Article 1 of Annex II to the Staff Regulations of Officials.
Information communicated by Member States regarding closure of fisheries
Date: 2016-09-15
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2016338EN.01000601.xml










15.9.2016   


EN


Official Journal of the European Union


C 338/6





Information communicated by Member States regarding closure of fisheries
(2016/C 338/07)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.7.2016 at 12:00 UTC




Duration


10.7.2016 at 12:00 UTC — 31.12.2016




Member State


European Union (All Member States)




Stock or Group of stocks


RED/N3M.




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


18/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case M.8126 — HNA Group/Carlson Hotels) (Text with EEA relevance)
Date: 2016-09-15
Institutions: European Commission
Subjects: economic concentration, hotel industry, merger control








C_2016338EN.01000102.xml










15.9.2016   


EN


Official Journal of the European Union


C 338/1





Non-opposition to a notified concentration
(Case M.8126 — HNA Group/Carlson Hotels)
(Text with EEA relevance)
(2016/C 338/02)
On 9 September 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 32016M8126. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-358/15: Judgment of the General Court of 15 September 2016 — Arrom Conseil v EUIPO — PUIG France (Roméo has a Gun by Romano Ricci) (EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci — Earlier EU word marks NINA RICCI and RICCI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier marks — Damage to reputation — Article 8(5) of Regulation No 207/2009)
Date: 2016-09-15
Institutions: General Court
Subjects: EU trade mark, advertising, clothing, cosmetic product, registered trade mark, trade-mark law








C_2016392EN.01003601.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/36





Judgment of the General Court of 15 September 2016 — Arrom Conseil v EUIPO — PUIG France (Roméo has a Gun by Romano Ricci)
(Case T-358/15) (1)

((EU trade mark - Opposition proceedings - Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci - Earlier EU word marks NINA RICCI and RICCI - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or reputation of the earlier marks - Damage to reputation - Article 8(5) of Regulation No 207/2009))
(2016/C 392/45)
Language of the case: English

Parties


Applicant: Arrom Conseil (Paris, France) (represented by: C. Herissay Ducamp and J. Blanchard, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: PUIG France SAS (Paris, France) (represented by: E. Armijo Chávarri, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 26 March 2015 (Case R 1020/2014-1) relating to opposition proceedings between Puig France and Arrom Conseil.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Arrom Conseil to bear its own costs and pay the costs incurred by the European Union Intellectual Property Office and PUIG France SAS.






(1)  OJ C 294, 7.9.2015.