do-me/EUR-LEX huggingface dataset:
European Parliament resolution of 4 October 2016 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund (COM(2016)0462 — C8-0283/2016 — 2016/2165(BUD))
Date: 2016-10-04
Institutions: Committee on Budgets, Committee on Regional Development, European Parliament
Subjects: Greece, Ionian Islands, aid to disaster victims, commitment of expenditure, earthquake, emergency aid, financial aid, fund (EU), general budget (EU), payment appropriation








C_2018215EN.01025001.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/250





P8_TA(2016)0365
Mobilisation of the European Union Solidarity Fund to provide assistance to Greece following the earthquake that affected the Ionian Islands in November 2015
European Parliament resolution of 4 October 2016 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund (COM(2016)0462 — C8-0283/2016 — 2016/2165(BUD))
(2018/C 215/40)

The European Parliament,






—


having regard to the Commission proposal to the European Parliament and the Council (COM(2016)0462 — C8-0283/2016),










—


having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1),










—


having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 10 thereof,










—


having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 11 thereof,










—


having regard to the letter from the Committee on Regional Development,










—


having regard to the report of the Committee on Budgets (A8-0270/2016),












1.


Approves the decision annexed to this resolution;












2.


Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;












3.


Instructs its President to forward this resolution, including its annex, to the Council and the Commission.






(1)  OJ L 311, 14.11.2002, p. 3.

(2)  OJ L 347, 20.12.2013, p. 884.

(3)  OJ C 373, 20.12.2013, p. 1.



ANNEX


DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece


(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2016/1856.)
Prior notification of a concentration (Case M.8184 — CVC/CPPIB/Petco) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-10-04
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, pet food, retail trade, veterinary medicine








C_2016365EN.01002801.xml










4.10.2016   


EN


Official Journal of the European Union


C 365/28





Prior notification of a concentration
(Case M.8184 — CVC/CPPIB/Petco)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 365/07)






1.


On 27 September 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 undertakings CVC Capital Partners, together with its subsidiaries and CVC Capital Partners Advisory Group Holding Foundation and its subsidiaries (the ‘CVC Group’, Luxembourg) and the Canada Pension Plan Investment Board (‘CPPIB’, Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Petco Holdings, Inc. (‘Petco’, United States) by way of other means.










2.


The business activities of the undertakings concerned are:
—   for CVC Group: advice to and management of investments funds, which hold interests in a number of companies,
—   for CPPIB: investment in public equities, private equities, real estate, infrastructure and fixed income instruments,
—   for Petco: retailing of pet products and services.










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.8184 — CVC/CPPIB/Petco, 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.
Prior notification of a concentration (Case M.8198 — Alliance Automotive Group/FPS Distribution) (Text with EEA relevance)
Date: 2016-10-04
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry, vehicle parts, wholesale trade








C_2016365EN.01003001.xml










4.10.2016   


EN


Official Journal of the European Union


C 365/30





Prior notification of a concentration
(Case M.8198 — Alliance Automotive Group/FPS Distribution)
(Text with EEA relevance)
(2016/C 365/09)






1.


On 27 September 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Alliance Automotive Group (‘AAG’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of FPS Distribution (‘FPS’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


AAG is active in wholesale distribution of spare parts and services to the automotive aftermarket in France, the UK and Germany. AAG buys light and commercial vehicle spare parts from parts manufacturers and suppliers which it distributes through its network of distributors (either group-owned or independent) mainly to independent garages,










—


FPS is a holding company. Through its three subsidiaries (Ferraris Piston Service Ltd, Apec Ltd and BTN Turbocharger Service Ltd), FPS is active in the supply and wholesale distribution of automotive spare parts in the UK.














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 M.8198 — Alliance Automotive Group/FPS Distribution, 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’).
Corrigendum to the Notice of Initiation of an expiry review of the anti-dumping measures applicable to imports of melamine originating in the People’s Republic of China (OJ C 167, 11.5.2016)
Date: 2016-10-04
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping measure, chemical compound, import (EU), originating product








C_2016365EN.01003101.xml










4.10.2016   


EN


Official Journal of the European Union


C 365/31





Corrigendum to the Notice of Initiation of an expiry review of the anti-dumping measures applicable to imports of melamine originating in the People’s Republic of China
(
Official Journal of the European Union C 167 of 11 May 2016
)
(2016/C 365/10)
On page 8, after point 5.1., the following text is inserted:

‘5.2.   
Procedure for the determination of a likelihood of continuation or recurrence of dumping


Exporting producers (1) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.
Notice of termination of the partially re-opened proceedings concerning imports of zeolite A powder originating in Bosnia and Herzegovina
Date: 2016-10-04
Institutions: European Commission
Subjects: Bosnia and Herzegovina, anti-dumping legislation, import (EU), non-ferrous ore, originating product








C_2016365EN.01002701.xml










4.10.2016   


EN


Official Journal of the European Union


C 365/27





Notice of termination of the partially re-opened proceedings concerning imports of zeolite A powder originating in Bosnia and Herzegovina
(2016/C 365/06)






(1)


By Regulation (EU) No 1036/2010 of 15 November 2010 (1) the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports of zeolite A powder (‘zeolite’) originating in Bosnia and Herzegovina (‘BH’), and a definitive anti-dumping duty was imposed on the same imports by Council Implementing Regulation (EU) No 464/2011 (2) (‘the definitive Regulation’).










(2)


Following the adoption of the definitive Regulation by its Decision of 13 May 2011 (3), the Commission accepted a price undertaking offered by the cooperating exporting producer in BH, Alumina d.o.o. Zvornik (‘Alumina’), together with its related company in the Union, AB Kauno Teikimas filialas, located in Kaunas, Lithuania.










(3)


Following an application lodged by Alumina on 16 June 2011, the General Court of the European Union (‘GC’), by its judgment of 30 April 2013 (4) in case T-304/11, annulled the definitive Regulation in so far as it concerns Alumina. On 11 July 2013, the Council of the European Union lodged an appeal seeking to set aside the GC' judgment. On 1 October 2014, the Court of Justice (‘CoJ’) handed down its judgment (5) in which it dismissed the appeal of the Council.










(4)


On 20 January 2015, the Commission decided, after informing the Member States, to re-open partially the anti-dumping investigation concerning imports of zeolite to implement the findings of the Court of Justice (CoJ) (6).










(5)


In August 2015, a notice of impending expiry was published in the Official Journal of the European Union
 (7). As no duly substantiated request for a review was lodged following its publication, the original measures expired on 15 May 2016 (8).










(6)


Following the expiry of the measures, it is appropriate to close the ongoing proceedings. The partially reopened proceedings are therefore closed.






(1)  OJ L 298, 16.11.2010, p. 27.

(2)  OJ L 125, 14.5.2011, p. 1.

(3)  OJ L 125, 14.5.2011, p. 26.

(4)  Case T-304/11. Alumina v Council


(5)  Case C-393/13P, Council v Alumina, not yet published

(6)  OJ C 17, 20.1.2015, p. 26.

(7)  OJ C 280, 25.8.2015, p. 5.

(8)  A notice of expiry was published on 13 May 2016 (OJ C 172, 13.5.2016, p. 8).
European Parliament legislative resolution of 4 October 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (12256/2016 — C8-0401/2016 — 2016/0184(NLE))
Date: 2016-10-04
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: UN Framework Convention on Climate Change, climate change, environmental cooperation, environmental protection, greenhouse gas, ratification of an agreement, reduction of gas emissions








C_2018215EN.01024901.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/249





P8_TA(2016)0363
Conclusion on behalf of the EU of the Paris Agreement adopted under the UN Framework Convention on Climate Change ***
European Parliament legislative resolution of 4 October 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (12256/2016 — C8-0401/2016 — 2016/0184(NLE))
(Consent)
(2018/C 215/39)

The European Parliament,






—


having regard to the draft Council decision (12256/2016),










—


having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0401/2016),










—


having regard to the Paris Agreement adopted at the twenty-first session of the Conference of the Parties (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC), held in Paris, France in December 2015,










—


having regard to the Commission communication entitled The Road from Paris: assessing the implications of the Paris Agreement and accompanying the proposal for a Council decision on the signing, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (COM(2016)0110),










—


having regard to the European Council conclusions of 23 and 24 October 2014,










—


having regard to the submission on 6 March 2015 by Latvia and the European Commission to the UNFCCC of the Intended Nationally Determined Contributions (INDCs) of the EU and its Member States,










—


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 the Environment, Public Health and Food Safety (A8-0280/2016),












1.


Gives its consent to conclusion of the Paris 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 United Nations.
Case T-549/14: Judgment of the General Court of 4 October 2016 — Lidl Stiftung v EUIPO — Horno del Espinar (Castello) (EU trade mark — Opposition proceedings — Application for the EU word mark Castello — Earlier national and EU figurative marks Castelló — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2016-10-04
Institutions: General Court
Subjects: EU trade mark, foodstuff, registered trade mark, trade-mark law








C_2016419EN.01003601.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/36





Judgment of the General Court of 4 October 2016 — Lidl Stiftung v EUIPO — Horno del Espinar (Castello)
(Case T-549/14) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Castello - Earlier national and EU figurative marks Castelló - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 419/45)
Language of the case: English

Parties


Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, M. Kefferpütz and A. Marx, lawyers)

Defendant: European Union Intellectual Property Office (represented initially by P. Geroulakos and D. Botis, subsequently by D. Botis and lastly by D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Horno del Espinar, SL (El Espinar, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 April 2014 (Joined Cases R 1233/2013-2 and R 1258/2013-2) relating to opposition proceedings between Horno del Espinar and Lidl Stiftung & Co.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 April 2014 (Joined Cases R 1233/2013-2 and R 1258/2013-2) relating to opposition proceedings between Horno del Espinar, SL and Lidl Stiftung & Co. KG insofar as the Board of Appeal held that there was a likelihood of confusion as regards the frozen fruit and vegetables in Class 29 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders Lidl Stiftung & Co. to bear, in addition to its own costs, three quarters of the costs incurred by EUIPO;










4.


Orders EUIPO to bear one quarter of its own costs.






(1)  OJ C 351, 6.10.2014.
Case T-717/16: Action brought on 4 October 2016 — Waldhausen v EUIPO (Representation of the silhouette of a horse’s head)
Date: 2016-10-04
Institutions: General Court
Subjects: EU trade mark, clothing, leather, registered trade mark, sports equipment, trade-mark law








C_2016441EN.01003102.xml










28.11.2016   


EN


Official Journal of the European Union


C 441/31






Action brought on 4 October 2016 — Waldhausen v EUIPO (Representation of the silhouette of a horse’s head)
(Case T-717/16)
(2016/C 441/37)
Language of the case: German

Parties


Applicant: Waldhausen GmbH & Co. KG (Cologne, Germany) (represented by: V. Ekey, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU figurative mark (Representation of the silhouette of a horse’s head) — Application for registration No 14 588 933

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 31 August 2016 in Case R 1195/2016-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation No 207/2009.
Case C-518/16: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 4 October 2016 — ZPT AD v Narodno sabranie na Republika Bulgaria, Varhoven administrativen sad, Natsionalna agentsia za prihodite
Date: 2016-10-04
Institutions: Court of Justice
Subjects: EU competition policy, State aid, direct applicability, export (EU), export restriction, tax relief








C_2016462EN.01001201.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/12





Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 4 October 2016 — ZPT AD v Narodno sabranie na Republika Bulgaria, Varhoven administrativen sad, Natsionalna agentsia za prihodite
(Case C-518/16)
(2016/C 462/14)
Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties to the main proceedings


Applicant: ZPT AD

Defendants: Narodno sabranie na Republika Bulgaria, Varhoven administrativen sad, Natsionalna agentsia za prihodite

Questions referred







1.


Do implementing provisions of EU law such as Regulation No 1998/2006 (1) have direct effect and apply directly, and, if so, does a provision of national law which narrows or restricts the applicable scope of the EU legal provisions infringe those principles?










2.


Is State aid granted in the form of tax relief compatible with competition in the internal market, where such aid is invested in assets used for the manufacture of products, some of which are exported to third countries or to Member States?










3.


Does the manufacture of products for export through the use of assets obtained by means of State aid come within the scope of activity directly linked to the quantities exported within the meaning of Article 1(d) of Regulation No 1998/2006? If the answer is in the negative, are Member States entitled to provide in national legislation for additional restrictions on exporters of products manufactured using assets that are the result of tax relief investment? If the answer is in the affirmative, how does that rule relate to the provisions of Article 35 TFEU concerning the prohibition of quantitative restrictions on exports between Member States and all measures having equivalent effect and does it constitute discrimination and infringement of the free movement of goods?










4.


Does Article 1 of Regulation No 1998/2006 allow a legal person to be refused recognition of the right to de minimis financial aid, arising from EU law, before the expiry of the four-year period laid down in national law, in which the investment should be made, solely on the ground that in that period it invested resources in, inter alia, independent, separate structures of its business from which exports were made?






(1)  Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (OJ 2006 L 379, p. 5).
Non-opposition to a notified concentration (Case M.8169 — Verlinvest/CRC/JV) (Text with EEA relevance)
Date: 2016-10-04
Institutions: European Commission
Subjects: economic concentration, food industry, merger control, real estate business








C_2016365EN.01000101.xml










4.10.2016   


EN


Official Journal of the European Union


C 365/1





Non-opposition to a notified concentration
(Case M.8169 — Verlinvest/CRC/JV)
(Text with EEA relevance)
(2016/C 365/01)
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 32016M8169. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.