do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8174 — Talanx/Aberdeen/Escala Vila Franca/PNH Parque) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-09-27
Institutions: European Commission
Subjects: economic concentration, medical institution, merger control, parking area, real estate business








C_2016351EN.01000401.xml










27.9.2016   


EN


Official Journal of the European Union


C 351/4





Prior notification of a concentration
(Case M.8174 — Talanx/Aberdeen/Escala Vila Franca/PNH Parque)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 351/04)






1.


On 21 September 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 Talanx AG (‘Talanx’, Germany) and Aberdeen Infrastructure (Holdco) BV (‘Aberdeen’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Escala Vila Franca — Sociedade Gestora do Edifício, SA (‘Escala Vila Franca’, Portugal) and PNH — Parque do Novo Hospital, SA (‘PNH Parque’, Portugal) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Talanx: operation in primary insurance and reinsurance in about 150 countries,
—   for Aberdeen: investment fund engaged in the management of infrastructure equity investments active in infrastructure projects in the sectors of transport, health, accommodation, waste and rail,
—   for Escala Vila Franca: concession holder responsible for the design, project, construction, management and operation, conservation and maintenance of the Vila Franca Hospital’s Infrastructure for a period of 30 years,
—   for PNH Parque: subcontractor company responsible for the management of the parking space of the Vila Franca Hospital.










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 the 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.8174 — Talanx/Aberdeen/Escala Vila Franca/PNH Parque, 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.
Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett dated 27 September 2016 in the case of Yara International ASA v the Norwegian Government, represented by the Ministry of Finance (Case E-15/16)
Date: 2016-09-27
Institutions: EFTA Court
Subjects: European Economic Area, Norway, basis of tax assessment, national law, payment, tax law, taxable income








C_2017123EN.01000801.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/8





Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett dated 27 September 2016 in the case of Yara International ASA v the Norwegian Government, represented by the Ministry of Finance
(Case E-15/16)
(2017/C 123/09)
A request has been made to the EFTA Court by a letter dated 27 September 2016 from Borgarting lagmannsrett (Borgarting Court of Appeal), which was received at the Court Registry on 4 October 2016, for an Advisory Opinion in the case of Yara International ASA v the Norwegian Government, represented by the Ministry of Finance on the following question:
Is it compatible with Articles 31 and 34 EEA that national rules on intra-group contributions, such as the rules in the Norwegian Taxation Act, under which the contribution reduces the transferor’s taxable income and is included in the recipient’s taxable income regardless of whether the recipient makes a loss or a profit for tax purposes, lay down the condition that both the transferor and the recipient are liable to taxation in the EEA State in question, or must the EEA rules be interpreted to mean that, on certain conditions, an exception must be granted from the requirement for tax liability in the realm?
Non-opposition to a notified concentration (Case M.8019 — Advent International/Nuplex Industries) (Text with EEA relevance)
Date: 2016-09-27
Institutions: European Commission
Subjects: economic concentration, merger control, paints and varnishes, resin








C_2016351EN.01000101.xml










27.9.2016   


EN


Official Journal of the European Union


C 351/1





Non-opposition to a notified concentration
(Case M.8019 — Advent International/Nuplex Industries)
(Text with EEA relevance)
(2016/C 351/01)
On 1 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 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 32016M8019. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Special Report No 23/2016 — ‘Maritime transport in the EU: in troubled waters — much ineffective and unsustainable investment’
Date: 2016-09-27
Institutions: European Court of Auditors
Subjects: EU investment, State aid, Structural Funds, co-financing, harbour installation, maritime transport, transport infrastructure








C_2016351EN.01000301.xml










27.9.2016   


EN


Official Journal of the European Union


C 351/3





Special Report No 23/2016
‘Maritime transport in the EU: in troubled waters — much ineffective and unsustainable investment’
(2016/C 351/03)
The European Court of Auditors hereby informs you that Special Report No 23/2016 ‘Maritime transport in the EU: in troubled waters — much ineffective and unsustainable investment’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu
Case T-692/16: Action brought on 27 September 2016 — CJ v ECDC
Date: 2016-09-27
Institutions: General Court
Subjects: European official, competition (EU), corruption, dismissal, indemnification, interest, principle of proportionality, remuneration of work, staff regulations (EU)








C_2016441EN.01002602.xml










28.11.2016   


EN


Official Journal of the European Union


C 441/26






Action brought on 27 September 2016 — CJ v ECDC
(Case T-692/16)
(2016/C 441/31)
Language of the case: English

Parties


Applicant: CJ (Agios Stefanos, Greece) (represented by: V. Kolias, lawyer)

Defendant: European Centre for Disease Prevention and Control (ECDC)

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and consequently order the ECDC to pay the applicant all emoluments he would have received from 1 May 2012 until 31 December 2014 had the applicant stayed in ECDC’s service, which, pending specification by the ECDC, the applicant provisionally calculates as the sum of EUR 140 000, plus default interest at the statutory rate;










—


order the ECDC to pay him the sum of EUR 13 000 in compensation for non-material harm;










—


order the ECDC to bear its own costs, and to pay his costs, in the proceedings.





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 ECDC breached Article 266 TFEU by incorrectly implementing the judgment of the Civil Service Tribunal of the European Union in Joined Cases F-159/12 and F-161/12 CJ v ECDC, and arguing in particular






—


that, due to the irrevocable change in essential circumstances the ECDC was wrong to give retroactive effect to the contested decision;










—


that the ECDC breached the principle of proportionality, as the contested decision was neither suitable nor necessary for the achievement of the objective pursued by the annulled 2012 dismissal;










—


that the ECDC committed a manifest error of assessment in disregarding the recruitment fraud of the head of the ECDC legal service;










—


that the ECDC breached Article 22a(3) of the Staff Regulations in dismissing the applicant in reaction to his reporting, in tempore non suspecto shortly before his dismissal, facts which raised the suspicion of financial mismanagement at the ECDC.














2.


Second plea in law, claiming monetary compensation for non-material harm caused by the ECDC’s breach of Article 266 TFEU and by its statement that the applicant has sought to promote nepotism.
Euro exchange rates
Date: 2016-09-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2016351EN.01000201.xml










27.9.2016   


EN


Official Journal of the European Union


C 351/2





Euro exchange rates (1)

26 September 2016
(2016/C 351/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1262 




JPY


Japanese yen


113,11 




DKK


Danish krone


7,4539 




GBP


Pound sterling


0,87090 




SEK


Swedish krona


9,6075 




CHF


Swiss franc


1,0905 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1318 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


306,52 




PLN


Polish zloty


4,3045 




RON


Romanian leu


4,4498 




TRY


Turkish lira


3,3563 




AUD


Australian dollar


1,4751 




CAD


Canadian dollar


1,4825 




HKD


Hong Kong dollar


8,7342 




NZD


New Zealand dollar


1,5513 




SGD


Singapore dollar


1,5316 




KRW


South Korean won


1 246,11 




ZAR


South African rand


15,3985 




CNY


Chinese yuan renminbi


7,5105 




HRK


Croatian kuna


7,5030 




IDR


Indonesian rupiah


14 674,39 




MYR


Malaysian ringgit


4,6501 




PHP


Philippine peso


54,365 




RUB


Russian rouble


71,9272 




THB


Thai baht


38,967 




BRL


Brazilian real


3,6522 




MXN


Mexican peso


22,3599 




INR


Indian rupee


75,0600 






(1)  Source: reference exchange rate published by the ECB.
Case T-450/15: Judgment of the General Court of 27 September 2016 — Satkirit Holdings v EUIPO — Advanced Mailing Solutions (luvoworld) (EU trade mark — Opposition proceedings — Application for the EU word mark luvoworld — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2016-09-27
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications, trade-mark law








C_2016410EN.01001701.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/17





Judgment of the General Court of 27 September 2016 — Satkirit Holdings v EUIPO — Advanced Mailing Solutions (luvoworld)
(Case T-450/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark luvoworld - Earlier EU work mark luvo - Relative ground for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 410/22)
Language of the case: English

Parties


Applicant: Satkirit Holdings Ltd (Douglas, Isle of Man) (represented by: M. Vanhegan, Barrister)

Defendant: European Union Intellectual Property Office (represented by: E. Sliwinska and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Advanced Mailing Solutions Ltd (East Kilbride, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 May 2015 (Case R 1480/2014-2), relating to opposition proceedings between Advanced Mailing Solutions and Satkirit Holdings.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Satkirit Holdings Ltd to pay the costs.






(1)  OJ C 320, 28.9.2015.
Corrigendum to Commission Implementing Regulation (EU) 2016/1047 of 28 June 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 170, 29.6.2016)
Date: 2016-09-27
Institutions: European Commission
Subjects: Combined Nomenclature, Taric, specification of tariff heading, tariff preference








L_2016259EN.01007901.xml










27.9.2016   


EN


Official Journal of the European Union


L 259/79







Corrigendum to Commission Implementing Regulation (EU) 2016/1047 of 28 June 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

(
Official Journal of the European Union L 170 of 29 June 2016
)


On page 39, in the Annex, in point (b)(1) amending the rows concerning CN codes 3215 to 3215 90 00 of Part Two of Annex I to Regulation (EEC) No 2658/87, in footnote (5):
for:


                  ‘Solid ink in engineered shapes for insertion into apparatus of subheadings 8443 31, 8443 32 or 8443 39: Free
                  ’;

read:


                  ‘Ink cartridges (without an integrated print head) for insertion into apparatus of subheadings 8443 31, 8443 32 or 8443 39, and incorporating mechanical or electrical components; solid ink in engineered shapes for insertion into apparatus of subheadings 8443 31, 8443 32 or 8443 39: Free
                  ’.
Council Decision (CFSP) 2016/1711 of 27 September 2016 amending Common Position 2001/931/CFSP on the application of specific measures to combat terrorism
Date: 2016-09-27
Institutions: Council of the European Union
Subjects: Colombia, armed forces, economic sanctions, fight against crime, international sanctions, terrorism








LI2016259EN.01000301.xml










27.9.2016   


EN


Official Journal of the European Union


LI 259/3








            COUNCIL DECISION (CFSP) 2016/1711
of 27 September 2016
         
amending Common Position 2001/931/CFSP on the application of specific measures to combat terrorism


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


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

Whereas:







(1)


On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1) applying certain restrictive measures to persons, groups and entities listed in the Annex.












(2)


In view of the Colombia peace agreement the measures against one entity should be suspended, subject to a specific review by the Council after six months.












(3)


Common Position 2001/931/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Common Position 2001/931/CFSP is amended as follows:
In Article 5, the following paragraph is added:

‘The measures referred to in Articles 2, 3 and 4, in so far as they apply to “Fuerzas armadas revolucionarias de Colombia” — “FARC” (“Revolutionary Armed Forces of Colombia”), shall be suspended.’.



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




Done at Brussels, 27 September 2016.


For the Council


The President

F. MOGHERINI
            





(1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).
Case T-449/15: Judgment of the General Court of 27 September 2016 — Satkirit Holdings v EUIPO — Advanced Mailing Solutions (luvo) (EU trade mark — Opposition proceedings — Application for the EU word mark luvo — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2016-09-27
Institutions: General Court
Subjects: EU trade mark, mobile phone, registered trade mark, trade-mark law








C_2016410EN.01001601.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/16





Judgment of the General Court of 27 September 2016 — Satkirit Holdings v EUIPO — Advanced Mailing Solutions (luvo)
(Case T-449/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark luvo - Earlier EU work mark luvo - Relative ground for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 410/21)
Language of the case: English

Parties


Applicant: Satkirit Holdings Ltd (Douglas, Isle of Man) (represented by: M. Vanhegan, Barrister)

Defendant: European Union Intellectual Property Office (represented by: E. Sliwinska and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Advanced Mailing Solutions Ltd (East Kilbride, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 May 2015 (Case R 877/2014-2), relating to opposition proceedings between Advanced Mailing Solutions and Satkirit Holdings

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Satkirit Holdings Ltd to pay the costs.






(1)  OJ C 320, 28.9.2015.
Commission Implementing Regulation (EU) 2016/1767 of 27 September 2016 entering a name in the register of protected designations of origin and protected geographical indications (Paška janjetina (PDO))
Date: 2016-09-27
Institutions: European Commission
Subjects: Croatia, designation of origin, fresh meat, labelling, product designation, sheepmeat








L_2016270EN.01000301.xml










5.10.2016   


EN


Official Journal of the European Union


L 270/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1767
of 27 September 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Paška janjetina (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to 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 (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Croatia's application to register the name ‘Paška janjetina’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Paška janjetina’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Paška janjetina’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 September 2016.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 185, 24.5.2016, p. 11.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).