do-me/EUR-LEX huggingface dataset:
Case C-630/16: Request for a preliminary ruling from the Helsingin hallinto-oikeus (Finland) lodged on 7 December 2016 — Anstar Oy
Date: 2016-12-07
Institutions: Court of Justice
Subjects: European standard, building materials, harmonisation of standards, market approval, technical specification, technical standard








C_2017063EN.01001701.xml










27.2.2017   


EN


Official Journal of the European Union


C 63/17





Request for a preliminary ruling from the Helsingin hallinto-oikeus (Finland) lodged on 7 December 2016 — Anstar Oy
(Case C-630/16)
(2017/C 063/24)
Language of the case: Finnish

Referring court

Helsingin hallinto-oikeus

Parties to the main proceedings


Applicant: Anstar Oy

Other party: Turvallisuus- ja kemikaalivirasto (Tukes)

Questions referred







1.


Are mandate M/120 and harmonised standard EN 1090-1 (:2009+A1:2011) drawn up on the basis of that mandate to be interpreted as meaning that the products to be fixed into concrete before it sets (suspension system products used for fixing shell elements and brickwork supports to the building frame, and certain foundation bolts, fastening plates and standard steel parts, bracing systems, column shoes and wall shoes, and balcony connections) listed in points 1 to 4 of the decision of Tukes do not fall within their scope?










2.


Do the Construction Products Regulation, (1) the Commission mandates mentioned in the present case, or EU law otherwise preclude Tukes’s interpretation that the aforesaid products are outside the scope of mandate M/120 and standard EN 1090-1?






(1)  Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ 2011 L 88, p. 5).
Information communicated by Member States regarding closure of fisheries
Date: 2016-12-07
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2016456EN.01000401.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/4





Information communicated by Member States regarding closure of fisheries
(2016/C 456/05)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


22.10.2016




Duration


22.10.2016-31.12.2016




Member State


Portugal




Stock or Group of stocks


RJU/9-C.




Species


Undulate ray (Raja undulata)





Zone


Union waters of IX




Type(s) of fishing vessels


—




Reference number


34/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Greece (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification — State aid SA.35608 14/C (ex 14/N) — Hellenic Post (ELTA) — Compensation for the financing of the universal postal service (Text with EEA relevance )
Date: 2016-12-07
Institutions: European Commission
Subjects: Greece, State aid, control of State aid, financing, postal service, universal service








C_2016456EN.01000601.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/6





DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE
State aid — Greece
(Articles 107 to 109 of the Treaty on the Functioning of the European Union)
Commission notice pursuant to Article 108(2) of the TFEU
Withdrawal of notification
State aid SA.35608 14/C (ex 14/N) — Hellenic Post (ELTA) — Compensation for the financing of the universal postal service
(Text with EEA relevance)
(2016/C 456/08)
The Commission has decided to close the formal investigation procedure under Article 108(2) of the TFEU, initiated on 1 August 2014 (1) in respect of the measure referred to above, recording that Greece has withdrawn its notification on 13 October 2016 and will not pursue this aid project further.


(1)  OJ C 348, 3.10.2014, p. 48.
Information communicated by Member States regarding closure of fisheries
Date: 2016-12-07
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2016456EN.01000402.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/4





Information communicated by Member States regarding closure of fisheries
(2016/C 456/06)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


26.10.2016




Duration


26.10.2016-31.12.2016




Member State


Belgium




Stock or group of stocks


SRX/07D. and relevant special conditions RJN/07D., RJC/07D., RJH/07D., RJM/07D., RJE/07D., RJU/07D., SRX/*67AKD, RJN/*67AKD, RJC/*67AKD, RJH/*67AKD, RJM/*67AKD, RJE/*67AKD




Species


Skates and rays (rajiformes) including cuckoo ray (Leucoraja naevus), thornback ray (Raja clavata), blonde ray (Raja brachyura), spotted ray (Raja montagui), small-eyed ray (Raja microocellata) and undulate ray (Raja undulata)




Zone


Union waters of VIId and relevant special conditions in Union waters of VIa, VIb, VIIa-c and VIIe-k




Type(s) of fishing vessels


—




Reference number


35/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case M.8202 — Nidec/Emerson Electric (Leroy-Somer and Control Techniques divisions)) (Text with EEA relevance )
Date: 2016-12-07
Institutions: European Commission
Subjects: economic concentration, electrical engineering, merger control








C_2016456EN.01000102.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/1





Non-opposition to a notified concentration
(Case M.8202 — Nidec/Emerson Electric (Leroy-Somer and Control Techniques divisions))
(Text with EEA relevance)
(2016/C 456/02)
On 30 November 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 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 32016M8202. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2016-12-07
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2016456EN.01000501.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/5





Information communicated by Member States regarding closure of fisheries
(2016/C 456/07)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


25.10.2016




Duration


25.10.2016-31.12.2016




Member State


Spain




Stock or Group of stocks


ALB/AN05N




Species


Northern albacore (Thunnus Alalunga)





Zone


Atlantic Ocean, north of 5° N




Type(s) of fishing vessels


—




Reference number


36/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2016-12-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2016456EN.01000301.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/3





Euro exchange rates (1)

6 December 2016
(2016/C 456/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0734 




JPY


Japanese yen


122,28 




DKK


Danish krone


7,4384 




GBP


Pound sterling


0,84210 




SEK


Swedish krona


9,8030 




CHF


Swiss franc


1,0833 




ISK


Iceland króna


 




NOK


Norwegian krone


8,9803 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,045 




HUF


Hungarian forint


313,49 




PLN


Polish zloty


4,4780 




RON


Romanian leu


4,4975 




TRY


Turkish lira


3,7202 




AUD


Australian dollar


1,4395 




CAD


Canadian dollar


1,4242 




HKD


Hong Kong dollar


8,3250 




NZD


New Zealand dollar


1,5059 




SGD


Singapore dollar


1,5228 




KRW


South Korean won


1 255,21 




ZAR


South African rand


14,6122 




CNY


Chinese yuan renminbi


7,3861 




HRK


Croatian kuna


7,5400 




IDR


Indonesian rupiah


14 364,78 




MYR


Malaysian ringgit


4,7611 




PHP


Philippine peso


53,191 




RUB


Russian rouble


68,4247 




THB


Thai baht


38,213 




BRL


Brazilian real


3,6837 




MXN


Mexican peso


21,8710 




INR


Indian rupee


72,7775 






(1)  Source: reference exchange rate published by the ECB.
Case C-629/16: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 7 December 2016 — CX
Date: 2016-12-07
Institutions: Court of Justice
Subjects: Austria, Türkiye, association agreement (EU), bilateral agreement, carriage of goods, customs union, establishment, international road transport, transport authorisation








C_2017104EN.01002601.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/26





Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 7 December 2016 — CX
(Case C-629/16)
(2017/C 104/38)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Appellant on a point of law: CX

Other party: Bezirkshauptmannschaft Schärding

Question referred

Does EU law, and in particular the Agreement establishing an Association between the European Economic Community and Turkey (64/733/EEC), 
Journal Officiel 1964, 217, p. 3687/64, the Additional Protocol to the Association Agreement, 
Journal Officiel 1972, L 293, p. 3, and Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union (96/142/EC), OJ 1996 L 35, p. 1, preclude national legislation under which goods transport undertakings established in the Republic of Turkey may engage in cross-border commercial carriage of goods to or through the territory of the Republic of Austria only if they have, in respect of the motor vehicles concerned, passes issued as part of a quota established between Austria and Turkey pursuant to a bilateral agreement, or if they are granted authorisation for the individual carriage of goods, in which case there must be a significant public interest in the individual carriage of goods and the applicant must demonstrate that the journey cannot be avoided by organisational measures or by the choice of a different means of transport?
Action brought on 7 December 2016 by DB Schenker against the EFTA Surveillance Authority (Case E-7/12 COSTS)
Date: 2016-12-07
Institutions: EFTA Court
Subjects: interest, land transport, legal expenses, maritime transport, transport company








C_2017073EN.01002101.xml










9.3.2017   


EN


Official Journal of the European Union


C 73/21





Action brought on 7 December 2016 by DB Schenker against the EFTA Surveillance Authority
(Case E-7/12 COSTS)
(2017/C 73/11)
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 7 December 2016 by Schenker North AB, Schenker Privpak AB and Schenker Privpak AS (collectively ‘DB Schenker’), represented by Jon Midthjell of Advokatfirmaet Midthjell AS, Grev Wedels plass 5, NO-0151 Oslo, Norway.
The applicant asks that the Court make the following order:






1.


The total amount of the remaining costs to be paid by the EFTA Surveillance Authority to Schenker North AB, Schenker Privpak AB, and Schenker Privpak AS, is fixed at EUR 125 657.










2.


That amount shall bear interest for late payment from the date on which the present order is served on the parties until the date of actual payment. The rate of interest to be applied shall be calculated on the basis of the rate applied by the European Central Bank to its principal refinancing operations in force on the first calendar day of the month in which the deadline falls, increased by three and a half percentage points.




Legal and factual background and pleas in law adduced in support:






—


The applicants, collectively referred to as ‘DB Schenker’, run business operations by land, sea and rail in Norway, Sweden and Denmark. DB Schenker was the applicant in Case E-7/12 against the EFTA Surveillance Authority before the EFTA Court.










—


Article 70(1) of the Rules of Procedure of the EFTA Court states.

‘If there is a dispute concerning the costs to be recovered, the Court shall, on application by the party concerned and after hearing the opposite party, make an order.’











—


In the judgment of Case E-7/12, the EFTA Court ordered the EFTA Surveillance Authority to pay the costs concerning the failure to act, and half of those of the applicants concerning the action for non-contractual liability.
Case C-632/16: Request for a preliminary ruling from the Rechtbank van Koophandel Antwerpen (Belgium) lodged on 7 December 2016 — Dyson Ltd, Dyson BV v NV BSH Home Appliances
Date: 2016-12-07
Institutions: Court of Justice
Subjects: eco-label, energy efficiency, household electrical appliance, labelling, restriction on competition








C_2017078EN.01001001.xml










13.3.2017   


EN


Official Journal of the European Union


C 78/10





Request for a preliminary ruling from the Rechtbank van Koophandel Antwerpen (Belgium) lodged on 7 December 2016 — Dyson Ltd, Dyson BV v NV BSH Home Appliances
(Case C-632/16)
(2017/C 078/14)
Language of the case: Dutch

Referring court

Rechtbank van Koophandel Antwerpen

Parties to the main proceedings


Applicants: Dyson Ltd, Dyson BV

Defendant: NV BSH Home Appliances

Questions referred







1)


Can strict compliance with the Vacuum Cleaner Regulation (1) (without supplementing the label as defined in Annex II thereof with information about the test conditions which lead to the classification in an energy efficiency class in accordance with Annex I) be regarded as a misleading omission within the meaning of Article 7 of the Unfair Commercial Practices Directive? (2)











2)


Does the Vacuum Cleaner Regulation preclude supplementing the label with other symbols which communicate the same information?






(1)  Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners (OJ 2013 L 192, p. 1).

(2)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).
Political and Security Committee Decision (CFSP) 2016/2255 of 7 December 2016 on the acceptance of third States' contributions to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/2/2016)
Date: 2016-12-07
Institutions: Political and Security Committee
Subjects: Central African Republic, EU military mission, Serbia, military cooperation, regional security




L_2016340EN.01005901.xml










15.12.2016   


EN


Official Journal of the European Union


L 340/59








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/2255
of 7 December 2016
         
on the acceptance of third States' contributions to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/2/2016)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1),

Whereas:







(1)


Pursuant to Article 8(2) of Decision (CFSP) 2016/610, the Council authorised the Political and Security Committee to take the relevant decisions on the acceptance of proposed contributions by third States to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA).












(2)


In accordance with the recommendation by the EU Mission Commander of EUTM RCA on a proposed contribution from the Republic of Serbia and the advice provided by the European Union Military Committee in that regard, that contribution should be accepted and considered to be significant.












(3)


In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,





HAS ADOPTED THIS DECISION:



Article 1

Third States' contributions


1.   The contribution from the Republic of Serbia to EUTM RCA is accepted and considered to be significant.


2.   The Republic of Serbia is exempted from financial contributions to the budget of EUTM RCA.



Article 2

Entry into force

This Decision shall enter into force on the date of its adoption.




Done at Brussels, 7 December 2016.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(1)  
            OJ L 104, 20.4.2016, p. 21.
Non-opposition to a notified concentration (Case M.8146 — Carlyle/Schön Family/Schön Klinik) (Text with EEA relevance )
Date: 2016-12-07
Institutions: European Commission
Subjects: economic concentration, medical institution, merger control








C_2016456EN.01000201.xml










7.12.2016   


EN


Official Journal of the European Union


C 456/2





Non-opposition to a notified concentration
(Case M.8146 — Carlyle/Schön Family/Schön Klinik)
(Text with EEA relevance)
(2016/C 456/03)
On 15 November 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 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 32016M8146. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-865/16: Action brought on 7 December 2016 — Fútbol Club Barcelona v Commission
Date: 2016-12-07
Institutions: General Court
Subjects: Spain, State aid, aid system, control of State aid, corporation tax, principle of legal certainty, professional sport, public limited company, reimbursement of aid, sports body








C_2017030EN.01005701.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/57





Action brought on 7 December 2016 — Fútbol Club Barcelona v Commission
(Case T-865/16)
(2017/C 030/65)
Language of the case: Spanish

Parties


Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by: J. Roca Sagarra, J. del Saz Cordero, R. Vallina Hoset and A. Selles Marco, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul European Commission Decision of 4 July 2016 on the State aid SA.29769 (2013/C) (ex 2013/NN) implemented by Spain for certain football clubs.










—


In the alternative, annul Articles 4 and 5 of that decision.










—


Order the Commission to pay costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the contested decision infringes Article 49 TFEU, read in conjunction with Articles 107 and 108 TFEU, and Article 16 of the Charter of Fundamental Rights of the European Union (‘the Charter’), in so far as all the reasoning in the contested decision is based on a national rule which restricts freedom of establishment.










2.


Second plea in law, alleging that the contested decision infringes Article 107(1) TFEU, in so far as the Commission (i) does not analyse the applicable deductions by reference to the rate for each [type of organisation]; (ii) does not act impartially, looking for evidence both for and against, and therefore, (iii) concludes incorrectly that there was an advantage within the meaning of Article 107(1) TFEU.










3.


Third plea in law, alleging that the contested decision infringes (i) the principle of the protection of legitimate expectations by ordering the recovery of the alleged aid, taking into account that, in the light of the action of the Spanish administration and the duration of the proceedings, FC Barcelona could entertain a legitimate expectation as to the legality of the tax system to which it was subject, and (ii) the fundamental requirement of legal certainty.










4.


Fourth plea in law, alleging that the contested decision infringes Article 107(1) TFEU, in so far as the Commission does not take into account that the aid was justified by the internal logic of the tax system.










5.


Fifth plea in law, alleging that the contested decision infringes Article 108(1) TFEU and Articles 21 and 23 of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9), in so far as it orders the recovery of an existing aid and does not comply with the procedure for that type of aid.