do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8130 — Imerys/Alteo certain assets) (Text with EEA relevance) 2020/C 375/06
Date: 2016-10-28
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, mining industry








C_2020375EN.01004501.xml










6.11.2020   


EN


Official Journal of the European Union


C 375/45






Non-opposition to a notified concentration
(Case M.8130 — Imerys/Alteo certain assets)
(Text with EEA relevance)
(2020/C 375/06)
On 28 October 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) in conjunction with Article 6(2) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in English 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 32016M8130. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Council Decision (CFSP) 2016/1908 of 28 October 2016 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Date: 2016-10-28
Institutions: Council of the European Union
Subjects: Moldova, economic sanctions, international sanctions, political figure




L_2016295EN.01007801.xml










29.10.2016   


EN


Official Journal of the European Union


L 295/78








            COUNCIL DECISION (CFSP) 2016/1908
of 28 October 2016
         
amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova


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 September 2010, the Council adopted Decision 2010/573/CFSP (1).












(2)


On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2017. The Council will carry out a review of the situation with regard to the restrictive measures after six months.












(3)


Decision 2010/573/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:


‘2.   This Decision shall apply until 31 October 2017. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.




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




Done at Brussels, 28 October 2016.


For the Council


The President

M. LAJČÁK
            





(1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).
Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2016-10-28
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, international sanctions, natural person








C_2016398EN.01000401.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/4





Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
(2016/C 398/06)
The following information is brought to the attention of the persons designated in Annex I to Council Decision 2013/255/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2016/1897 (2), and in Annex II to Council Regulation (EU) No 36/2012 (3), as implemented by Council Implementing Regulation (EU) 2016/1893 (4), concerning restrictive measures in view of the situation in Syria.
The Council of the European Union has decided that the persons that appear in the above mentioned Annexes should be included in the list of persons and entities in Annex I to Decision 2013/255/CFSP and Annex II to Regulation (EU) No 36/2012. The grounds for designation of those persons appear in the relevant entries in those Annexes.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IIa to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).
The persons concerned may submit a request to the Council before 1 March 2017, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 34 of Decision 2013/255/CFSP and Article 32(4) of Regulation (EU) No 36/2012, of the list of designated persons and entities.
The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 293, 28.10.2016, p. 36.

(3)  OJ L 16, 19.1.2012, p. 1.

(4)  OJ L 293, 28.10.2016, p. 25.
Case T-124/15: Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN) (EU trade mark — Opposition proceedings — Application for the EU figurative mark UNICORN — Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009)
Date: 2016-10-28
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2016462EN.01001601.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/16





Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN)
(Case T-124/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark UNICORN - Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 207/2009))
(2016/C 462/18)
Language of the case: English

Parties


Applicant: Unicorn a.s. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mercilink Equipment Leasing Ltd (Limassol, Cyprus)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 January 2015 (Case R 149/2014-5), concerning opposition proceedings between Unicorn and Mercilink Equipment Leasing.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Unicorn a.s. to pay the costs.






(1)  OJ C 171, 26.5.2015.
Case C-545/16: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 28 October 2016 — Kubota (UK) Limited, EP Barrus Limited v Commissioners for Her Majesty's Revenue & Customs
Date: 2016-10-28
Institutions: Court of Justice
Subjects: Combined Nomenclature, large vehicle, motor vehicle, specification of tariff heading








C_2017014EN.01002801.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/28






Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 28 October 2016 — Kubota (UK) Limited, EP Barrus Limited v Commissioners for Her Majesty's Revenue & Customs
(Case C-545/16)
(2017/C 014/33)
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicants: Kubota (UK) Limited, EP Barrus Limited

Defendant: Commissioners for Her Majesty's Revenue & Customs

Questions referred









1.


Is Commission Implementing Regulation (EU) 2015/221 (1) concerning the classification of certain goods in the Combined Nomenclature invalid in so far as it classifies the vehicles specified in the Regulation under CN Code 8704 21 91, rather than CN Code 8704 10?












2.


In particular, is Commission Implementing Regulation (EU) 2015/221 concerning the classification of certain goods in the Combined Nomenclature invalid in so far as it: unduly restricts the scope of subheading 8704-10; takes into account impermissible factors; is internally inconsistent; does not take proper account of the Explanatory Notes, CN headings and GIRs; and/or fails to take account of the relevant requirements identified by case law of the Court of Justice of the European Union in relation to CN heading 8704 10?






(1)  Commission Implementing Regulation (EU) 2015/221 of 10 February 2015 concerning the classification of certain goods in the Combined Nomenclature

OJ L 37, p. 1
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) 2016/1983 concerning restrictive measures in view of the situation in Syria applies
Date: 2016-10-28
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, international sanctions, natural person, personal data








C_2016398EN.01000501.xml










28.10.2016   


EN


Official Journal of the European Union


C 398/5





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) 2016/1983 concerning restrictive measures in view of the situation in Syria applies
(2016/C 398/07)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) No 36/2012 (2), as implemented by Council Implementing Regulation (EU) 2016/1983 (3).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 36/2012, as implemented by Implementing Regulation (EU) 2016/1983.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with Section 5 of Council Decision 2004/644/EC (4).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 16, 19.1.2012, p. 1.

(3)  OJ L 293, 28.10.2016, p. 25.

(4)  OJ L 296, 21.9.2004, p. 16.
Case C-548/16: Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 28 October 2016 — État belge v Biologie Dr Antoine SPRL
Date: 2016-10-28
Institutions: Court of Justice
Subjects: balance sheet, closing of accounts, financial year, reserves, share








C_2017030EN.01001802.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/18





Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 28 October 2016 — État belge v Biologie Dr Antoine SPRL
(Case C-548/16)
(2017/C 030/22)
Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings


Appellant: État belge

Respondent: Biologie Dr Antoine SPRL

Question referred

Is the fact that a company issuing a share option may record as income the purchase price of that option in the course of the financial year in which that option is taken up or at the end of its period of validity, in order to take into account the risk borne by the option issuer which results from the commitment he makes, rather than in the course of the tax year in which the option is purchased and its final price set — the risk borne by the issuer being valued separately by the recording of a provision — compatible with the accounting rules concerning balance sheets laid down by the Fourth Council Directive 78/660/EEC of 25 July 1978 on the annual accounts of certain types of companies (OJ 1978 L 222, p. 11), according to which:






—


the annual accounts are to give a true and fair view of the company's assets, liabilities, financial position and profit or loss (Article 2(3) of the Directive);










—


provisions for liabilities and charges are intended to cover losses or debts the nature of which is clearly defined and which at the date of the balance sheet are either likely to be incurred, or certain to be incurred but uncertain as to amount or as to the date on which they will arise (Article 20(1) of the Directive);










—


the principle of prudence must in all circumstances be observed, and in particular:






—


only profits made at the balance sheet date may be included;










—


account must be taken of all foreseeable liabilities and potential losses arising in the course of the financial year concerned or of a previous one, even if such liabilities or losses become apparent only between the date of the balance sheet and the date on which it is drawn up (Article 31(1)(c), (aa) and (bb) of the Directive);














—


account must be taken of income and charges relating to the financial year, irrespective of the date of receipt or payment of such income or charges (Article 31(1)(d) of the Directive);










—


the components of asset and liability items are to be valued separately (Article 31(1)(e) of the Directive)?
Case T-7/16: Judgment of the General Court of 28 October 2016 — LA TARTE TROPÉZIENNE v EUIPO (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ) (European Union trade mark — International registration designating the European Union — Figurative mark LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2016-10-28
Institutions: General Court
Subjects: EU trade mark, confectionery, registered trade mark, trade-mark law








C_2016462EN.01002201.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/22





Judgment of the General Court of 28 October 2016 — LA TARTE TROPÉZIENNE v EUIPO (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ)
(Case T-7/16) (1)

((European Union trade mark - International registration designating the European Union - Figurative mark LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ - Absolute ground for refusal - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2016/C 462/27)
Language of the case: French

Parties


Applicant: LA TARTE TROPÉZIENNE (Cogolin, France) (represented by: T. Cuche, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 26 October 2015 (Case R 720/2015-4) concerning the international registration designating the European Union of figurative mark LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders LA TARTE TROPÉZIENNE to pay the costs.






(1)  OJ C 90, 7.3.2016.
Case T-201/15: Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN) (EU trade mark — Invalidity proceedings — EU word mark UNICORN — Earlier national word and figurative marks UNICORN — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Reputation)
Date: 2016-10-28
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2016462EN.01001901.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/19





Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN)
(Case T-201/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark UNICORN - Earlier national word and figurative marks UNICORN - Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 - Reputation))
(2016/C 462/23)
Language of the case: English

Parties


Applicant: Unicorn a.s. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mercilink Equipment Leasing Ltd (Limassol, Cyprus)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 February 2015 (Case R 1699/2014-5), concerning invalidity proceedings between Unicorn and Mercilink Equipment Leasing.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Unicorn a.s. to pay the costs.






(1)  OJ C 198, 15.6.2015.
Commission Regulation (EU) 2016/1911 of 28 October 2016 establishing a prohibition of fishing for black scabbardfish in Union and international waters of VIII, IX and X by vessels flying the flag of Spain
Date: 2016-10-28
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2016296EN.01000101.xml










1.11.2016   


EN


Official Journal of the European Union


L 296/1








            COMMISSION REGULATION (EU) 2016/1911
of 28 October 2016
         
establishing a prohibition of fishing for black scabbardfish in Union and international waters of VIII, IX and X by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 1367/2014 (2), lays down quotas for 2016.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 28 October 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).




ANNEX






No


32/TQ1367




Member State


Spain




Stock


BSF/8910-




Species


Black scabbardfish (Aphanopus carbo)




Zone


Union and international waters of VIII, IX and X




Closing date


16.9.2016
Recommendation of the European Central Bank of 28 October 2016 to the Council of the European Union on the external auditors of the Central Bank of Ireland (ECB/2016/29)
Date: 2016-10-28
Institutions: European Central Bank
Subjects: Ireland, accountant, appointment of staff, auditing, central bank, self-employed person








C_2016413EN.01000101.xml










10.11.2016   


EN


Official Journal of the European Union


C 413/1





RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 28 October 2016
to the Council of the European Union on the external auditors of the Central Bank of Ireland
(ECB/2016/29)
(2016/C 413/01)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


The mandate of the Central Bank of Ireland’s current external auditors, Grant Thornton, ended following the audit for the financial year 2015. It is therefore necessary to appoint external auditors from the financial year 2016.










(3)


The Central Bank of Ireland has selected Mazars as its external auditors for the financial years 2016 to 2020,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Mazars should be appointed as the external auditors of the Central Bank of Ireland for the financial years 2016 to 2020.

Done at Frankfurt am Main, 28 October 2016.


The President of the ECB

Mario DRAGHI