do-me/EUR-LEX huggingface dataset:
Case C-637/15 P: Order of the Court (Eighth Chamber) of 25 October 2016 — VSM Geneesmiddelen BV v European Commission (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public health — Consumer protection — Regulation (EC) No 1924/2006 — Health claims on foods — Article 13(3) — Community list of permitted health claims on foods — Botanical substances — Claims on hold — Action for failure to act and for annulment — Definition of position by the European Commission — Challengeable act)
Date: 2016-10-25
Institutions: Court of Justice
Subjects: European Food Safety Authority, consumer information, food safety, foodstuff, infringement of EU law, labelling, product designation, public health








C_2017063EN.01000702.xml










27.2.2017   


EN


Official Journal of the European Union


C 63/7





Order of the Court (Eighth Chamber) of 25 October 2016 — VSM Geneesmiddelen BV v European Commission
(Case C-637/15 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Public health - Consumer protection - Regulation (EC) No 1924/2006 - Health claims on foods - Article 13(3) - Community list of permitted health claims on foods - Botanical substances - Claims on hold - Action for failure to act and for annulment - Definition of position by the European Commission - Challengeable act))
(2017/C 063/11)
Language of the case: English

Parties


Appellant: VSM Geneesmiddelen BV (represented by: U. Grundmann, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: M. Wilderspin and S.Grünheid, Agents)

Operative part of the order







1.


The appeal is dismissed.










2.


There is no need to rule on the application for leave to intervene lodged by the European Confederation of Pharmaceutical Entrepreneurs (EUCOPE).










3.


VSM Geneesmiddelen BV shall pay the costs relating to the appeal proceedings.










4.


VSM Geneesmiddelen BV and the European Confederation of Pharmaceutical Entrepreneurs (EUCOPE) shall bear their own costs relating to EUCOPE’s application for leave to intervene.






(1)  OJ C 48, 8.2.2016.
Corrigendum to Regulation (Euratom, ECSC, EEC) No 1369/72 of the Council of 27 June 1972 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (OJ L 149, 1.7.1972) (English special edition: Series I Volume 1972(II), p. 606)
Date: 2016-10-25
Institutions: Council of the European Union
Subjects: European official, Joint Research Centre, remuneration of work, servant (EU), shift work








L_2016289EN.01002103.xml










25.10.2016   


EN


Official Journal of the European Union


L 289/21







Corrigendum to Regulation (Euratom, ECSC, EEC) No 1369/72 of the Council of 27 June 1972 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities

(
Official Journal of the European Communities L 149 of 1 July 1972
)


(English special edition: Series I Volume 1972(II), p. 606)


On page 607, Article 1(3), first paragraph of the inserted Article 56b:
for:

               ‘… shall be entitled to special allowances when required … to remain on standby duty at his place of work or at home outside normal working hours.’,
read:

               ‘… shall be entitled to special allowances when regularly required … to remain on standby duty at his place of work or at home outside normal working hours.’.
European Parliament legislative resolution of 25 October 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents (10000/1/2016 — C8-0365/2016 — 2013/0297(COD))
Date: 2016-10-25
Institutions: Committee on Legal Affairs, Committee on Transport and Tourism, European Parliament
Subjects: EU statistics, European Commission, carriage of goods, carriage of passengers, data collection, rail transport, transfer of competence, transport accident, transport statistics








C_2018215EN.01027001.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/270





P8_TA(2016)0398
Rail transport statistics, as regards the collection of data on goods, passengers and accidents ***II
European Parliament legislative resolution of 25 October 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents (10000/1/2016 — C8-0365/2016 — 2013/0297(COD))
(Ordinary legislative procedure: second reading)
(2018/C 215/53)

The European Parliament,






—


having regard to the Council position at first reading (10000/1/2016 — C8-0365/2016),










—


having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2013)0611),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 76 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0300/2016),












1.


Approves the Council position at first reading;












2.


Notes that the act is adopted in accordance with the Council position;












3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;












4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  Texts adopted of 11.3.2014, P7_TA(2014)0197.
European Parliament legislative resolution of 25 October 2016 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Denmark (11219/2016 — C8-0340/2016 — 2016/0813(CNS))
Date: 2016-10-25
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: DNA, Denmark, cross-frontier data flow, data protection, exchange of information, information system, personal data








C_2018215EN.01026601.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/266





P8_TA(2016)0391
Automated data exchange with regard to DNA data in Denmark *
European Parliament legislative resolution of 25 October 2016 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Denmark (11219/2016 — C8-0340/2016 — 2016/0813(CNS))
(Consultation)
(2018/C 215/49)

The European Parliament,






—


having regard to the Council draft (11219/2016),










—


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 (C8-0340/2016),










—


having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,










—


having regard to its resolution of 10 October 2013 on strengthening cross-border law-enforcement cooperation in the EU: the implementation of the ‘Prüm Decision’ and the European Information Exchange Model (2),










—


having regard to its resolution of 9 July 2015 on the European Agenda on Security (3),










—


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 (A8-0289/2016),












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 210, 6.8.2008, p. 1.

(2)  OJ C 181, 19.5.2016, p. 67.

(3)  Texts adopted, P8_TA(2015)0269.
Corrigendum to Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (OJ L 124, 27.4.2004)
Date: 2016-10-25
Institutions: Council of the European Union
Subjects: European official, regulations for civil servants, servant (EU)




L_2016289EN.01002101.xml










25.10.2016   


EN


Official Journal of the European Union


L 289/21







Corrigendum to Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities

(
Official Journal of the European Union L 124 of 27 April 2004
)


On page 22, Annex I, point (58) (concerning Article 59(2)):
for:


‘2.   If, over a period of 12 months, an official is absent for up to three days because of sickness for a total of more than 12 days, …’,


read:


‘2.   If, over a period of 12 months, an official is absent without a medical certificate for up to three days because of sickness for a total of more than 12 days, …’.
European Parliament legislative resolution of 25 October 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the People's Republic of China on the short-stay visa waiver for holders of diplomatic passports (15470/2015 — C8-0110/2016 — 2015/0293(NLE))
Date: 2016-10-25
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, European Parliament
Subjects: China, EU visa policy, Schengen Agreement, agreement (EU), diplomatic profession, external border of the EU, ratification of an agreement








C_2018215EN.01026801.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/268





P8_TA(2016)0393
EU-China Agreement on short-stay visa waiver for holders of diplomatic passports ***
European Parliament legislative resolution of 25 October 2016 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the People's Republic of China on the short-stay visa waiver for holders of diplomatic passports (15470/2015 — C8-0110/2016 — 2015/0293(NLE))
(Consent)
(2018/C 215/51)

The European Parliament,






—


having regard to the draft Council decision (15470/2015),










—


having regard to the draft Agreement between the European Union and the People's Republic of China on the short-stay visa waiver for holders of diplomatic passports (15469/2015),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0110/2016),










—


having regard to the letter from the Committee on Foreign Affairs,










—


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 (A8-0281/2016),












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 People’s Republic of China.
Case C-539/16: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 25 October 2016 — Richard Rodriguez Serin v HOP!-Regional
Date: 2016-10-25
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, contract of carriage, enforcement of ruling, indemnification, judicial cooperation in civil matters in the EU, jurisdiction, traveller








C_2017030EN.01001801.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/18





Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 25 October 2016 — Richard Rodriguez Serin v HOP!-Regional
(Case C-539/16)
(2017/C 030/21)
Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings


Applicant: Richard Rodriguez Serin

Defendant: HOP!-Regional

Questions referred







1.


Is Article 5(1)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) 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 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] (2) brought against an operating air carrier which is not a party to the contract with the passengers concerned?










2.


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






(1)  OJ 2001 L 12, p. 1.

(2)  OJ 2004 L 46, p. 1.
Case C-540/16: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 25 October 2016 — UAB ‘Spika’, AB ‘Senoji Baltija’, UAB ‘Stekutis’, UAB ‘Prekybos namai Aistra’ v Žuvininkystės tarnyba prie Lietuvos Respublikos žemės ūkio ministerijos
Date: 2016-10-25
Institutions: Court of Justice
Subjects: EU competition policy, catch quota, equal treatment, fishing rights








C_2017006EN.01002901.xml










9.1.2017   


EN


Official Journal of the European Union


C 6/29





Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 25 October 2016 — UAB ‘Spika’, AB ‘Senoji Baltija’, UAB ‘Stekutis’, UAB ‘Prekybos namai Aistra’ v Žuvininkystės tarnyba prie Lietuvos Respublikos žemės ūkio ministerijos

(Case C-540/16)
(2017/C 006/36)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Appellants: UAB ‘Spika’, AB ‘Senoji Baltija’, UAB ‘Stekutis’, UAB ‘Prekybos namai Aistra’

Respondent: Žuvininkystės tarnyba prie Lietuvos Respublikos žemės ūkio ministerijos

Other parties: Lietuvos Respublikos žemės ūkio ministerija, BUAB ‘Sedija’, UAB ‘Starkis’, UAB ‘Baltijos šprotai’, UAB ‘Ramsun’, AB ‘Laivitė’, UAB ‘Baltlanta’, UAB ‘Strimelė’, V. Malinausko gamybinė-komercinė firma ‘Stilma’, UAB ‘Banginis’, UAB ‘Monistico’, UAB ‘Rikneda’, UAB ‘Baltijos jūra’, UAB ‘Grinvita’, BUAB ‘Baltijos žuvys’

Question referred

Are Articles 17 and 2(5)(c) of Regulation (EU) No 1380/2013 (1) of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC, in the light of Articles 16 and 20 of the Charter of Fundamental Rights of the European Union, to be interpreted as meaning that, when a Member State exercises the discretion provided for in Article 16(6), it is prohibited from choosing a method of allocation of the fishing quotas allocated to it which causes unequal conditions of competition for economic operators engaging in activity in this field on account of a greater quantity of fishing opportunities, even if that method is based on a transparent and objective criterion?


(1)  OJ 2013 L 354, p. 22.
Case C-538/16: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 25 October 2016 — Kevin Joseph Devine v Air Nostrum, Líneas Aéreas del Mediterráneo SA
Date: 2016-10-25
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, contract of carriage, enforcement of ruling, indemnification, judicial cooperation in civil matters in the EU, jurisdiction, traveller








C_2017030EN.01001702.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/17





Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 25 October 2016 — Kevin Joseph Devine v Air Nostrum, Líneas Aéreas del Mediterráneo SA
(Case C-538/16)
(2017/C 030/20)
Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings


Applicant: Kevin Joseph Devine

Defendants: Air Nostrum, Líneas Aéreas del Mediterráneo SA

Questions referred







1.


Is Article 7(1)(a) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) 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 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, (2) brought against an operating air carrier which is not a party to the contract with the passenger concerned?










2.


Insofar as Article 7(1) of Regulation (EU) No 1215/2012 is applicable:
When passengers are transported on two flights without any significant stopover at the connecting airport, is the final destination of the passengers to be regarded as being the place where the services were provided under the second indent of Article 7(1)(b) of Regulation (EU) No 1215/2012, even if the claim advanced in the application for compensation under Article 7 of Regulation (EC) No 261/2004 is based on the disruption of the first leg of the journey and the claim has been brought against the air carrier which operated the first flight, which is not a party to the contract of carriage?






(1)  OJ 2012 L 351, p. 1.

(2)  OJ 2004 L 46, p. 1.
Case T-565/16: Order of the President of the General Court of 25 October 2016 — Maubert v Council
Date: 2016-10-25
Institutions: General Court
Subjects: European official, staff regulations (EU), transfer of pension rights








C_2017014EN.01005503.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/55






Order of the President of the General Court of 25 October 2016 — Maubert v Council
(Case T-565/16) (1)

(2017/C 014/67)
Language of the case: French
The President of the General Court has ordered that the case be removed from the register.


(1)  
            OJ C 27 of 25 January 2016 (Case originally registered before the Civil Service Tribunal of the European Union under number F-137/15 and transferred to the General Court of the European Union on 1 September 2016.
Prior notification of a concentration (Case M.8250 — Ardian/Weber Automotive) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-10-25
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry, vehicle parts








C_2016393EN.01001301.xml










25.10.2016   


EN


Official Journal of the European Union


C 393/13





Prior notification of a concentration
(Case M.8250 — Ardian/Weber Automotive)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 393/06)






1.


On 17 October 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ardian SAS (‘Ardian’, France) will acquire sole control over Weber Automotive GmbH (‘Weber Automotive’, Germany) within the meaning of Article 3(1)(b) of the Merger Regulation, by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Ardian is an independent private investment firm based in Paris, which manages several funds that specialise in private equity investment and asset management for institutional investors.










—


Weber Automotive manufactures and sells automotive components, in particular, machined power train components, including engine blocks, cylinder heads, transmission housings and casings. The company also assembles drive trains for vehicles.














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.8250 — Ardian/Weber Automotive, 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.
Corrigendum to Regulation (Euratom, ECSC, EEC) No 1473/72 of the Council of 30 June 1972 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of employment of other servants of the European Communities (OJ L 160, 16.7.1972) (English special edition, Series I, Chapter 1972(III), p. 703)
Date: 2016-10-25
Institutions: Council of the European Union
Subjects: family benefit, in-service training, labour mobility, regulations for civil servants, remuneration of work, servant (EU)








L_2016289EN.01002102.xml










25.10.2016   


EN


Official Journal of the European Union


L 289/21







Corrigendum to Regulation (Euratom, ECSC, EEC) No 1473/72 of the Council of 30 June 1972 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of employment of other servants of the European Communities

(
Official Journal of the European Communities L 160 of 16 July 1972
)


(English special edition, Series I, Chapter 1972(III), p. 703)


On page 714, Article 65 (insertion of Article 18a into Annex VIII to the Staff Regulations), first paragraph, last sentence:
for:

               ‘The minimum (…) pension shall in no case, however, exceed …’,
read:

               ‘The minimum (…) pension shall be 35 % of the last basic salary; the amount of the pension shall in no case, however, exceed …’.