do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8004 — Akzo Nobel/BASF Industrial Coating Business) (Text with EEA relevance )
Date: 2016-12-14
Institutions: European Commission
Subjects: economic concentration, merger control, paints and varnishes, special chemicals








C_2016466EN.01000201.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/2





Non-opposition to a notified concentration
(Case M.8004 — Akzo Nobel/BASF Industrial Coating Business)
(Text with EEA relevance)
(2016/C 466/03)
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) 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 32016M8004. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-366/15 P: Judgment of the General Court of 14 December 2016 — Todorova Androva v Council and Others (Appeal — Civil Service — Officials — Promotion — 2011 promotion procedure — Non-inclusion on the list of officials eligible for promotion — Action at first instance dismissed — Article 45 of the Staff Regulations — Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP — Equal treatment — Obligation to state reasons — Burden of proof — Obligation on the court hearing the substantive application to investigate — Plea of illegality — Rule of correspondence between the complaint and the action before the EU Courts)
Date: 2016-12-14
Institutions: General Court
Subjects: equal treatment, promotion, servant (EU), staff regulations (EU)








C_2017038EN.01003002.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/30





Judgment of the General Court of 14 December 2016 — Todorova Androva v Council and Others
(Case T-366/15 P) (1)

((Appeal - Civil Service - Officials - Promotion - 2011 promotion procedure - Non-inclusion on the list of officials eligible for promotion - Action at first instance dismissed - Article 45 of the Staff Regulations - Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP - Equal treatment - Obligation to state reasons - Burden of proof - Obligation on the court hearing the substantive application to investigate - Plea of illegality - Rule of correspondence between the complaint and the action before the EU Courts))
(2017/C 038/41)
Language of the case: French

Parties


Appellant: Viara Todorova Androva (Rhode-Saint-Genèse, Belgium) (represented by: M. Velardo, lawyer)

Other parties to the proceedings: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents); European Commission (represented by: initially, J. Currall, G. Gattinara and A.-C. Simon, and subsequently G. Gattinara and A.-C. Simon, acting as Agents) and Court of Auditors (represented by: N. Scarfato, acting as Agent)

Intervener in support of the Council of the European Union: European Parliament (represented by: D. Nessaf and M. Dean, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 29 April 2015, Todorova Androva v Council (F-78/12, EU:F:2015:37), seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Ms Viara Todorova Androva to bear her own costs and to pay those incurred by the Council of the European Union and the European Commission;










3.


Orders the European Parliament to bear its own costs.






(1)  OJ C 337, 12.10.2015.
Prior notification of a concentration (Case M.8227 — Rheinmetall/Zhejan Yinlun Machinery/JV) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-12-14
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2016466EN.01002101.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/21





Prior notification of a concentration
(Case M.8227 — Rheinmetall/Zhejan Yinlun Machinery/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 466/12)






1.


On 5 December 2016 the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings Rheinmetall AG (‘Rheinmetall’, Germany) and Zhejan Yinlun Machinery Co., Ltd (‘Yinlun’, China), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Pierburg Yinlun Emission Technology Co., Ltd (‘the JV’, China) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


Rheinmetall is active in the manufacturing and supply of defence equipment and automotive components such as exhaust gas recirculation (‘EGR’) valves and modules,










—


Yinlun is active in the manufacturing and supply of automotive components such as EGR coolers primarily in China,










—


the JV will be active in the design, production and sale of EGR modules for diesel engines in passenger and light commercial vehicles to Original Equipment Manufacturers and Suppliers in Greater China.














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.8227 — Rheinmetall/Zhejan Yinlun Machinery/JV, 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.
European Parliament decision of 14 December 2016 on the nomination of Juhan Parts as a Member of the Court of Auditors (C8-0445/2016 — 2016/0817(NLE))
Date: 2016-12-14
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_2018238EN.01040901.xml










6.7.2018   


EN


Official Journal of the European Union


C 238/409





P8_TA(2016)0500
Nomination of a Member of the Court of Auditors — Juhan Parts
European Parliament decision of 14 December 2016 on the nomination of Juhan Parts as a Member of the Court of Auditors (C8-0445/2016 — 2016/0817(NLE))
(Consultation)
(2018/C 238/30)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0445/2016),










—


having regard to Rule 121 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0375/2016),










A.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










B.


whereas at its meeting of 5 December 2016 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers a favourable opinion on the Council’s nomination of Juhan Parts as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
Commission Regulation (EU) 2016/2344 of 14 December 2016 establishing a prohibition of fishing for plaice in areas VIIh, VIIj and VIIk by vessels flying the flag of France
Date: 2016-12-14
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2016348EN.01000901.xml










21.12.2016   


EN


Official Journal of the European Union


L 348/9








            COMMISSION REGULATION (EU) 2016/2344
of 14 December 2016
         
establishing a prohibition of fishing for plaice in areas VIIh, VIIj and VIIk by vessels flying the flag of France


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) 2016/72 (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, 14 December 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






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

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).




ANNEX






No


37/TQ72




Member State


France




Stock


PLE/7HJK.




Species


Plaice (Pleuronectes platessa)




Zone


VIIh, VIIj and VIIk




Closing date


14.11.2016
Non-opposition to a notified concentration (Case M.8148 — Brisa/Areas/Brisareas) (Text with EEA relevance )
Date: 2016-12-14
Institutions: European Commission
Subjects: catering industry, economic concentration, land transport, merger control








C_2016466EN.01000202.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/2





Non-opposition to a notified concentration
(Case M.8148 — Brisa/Areas/Brisareas)
(Text with EEA relevance)
(2016/C 466/04)
On 5 December 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 32016M8148. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-745/15: Judgment of the General Court of 14 December 2016 — Scorpio Poland v EUIPO — Eckes-Granini Group (YO!) (European Union trade mark — Opposition proceedings — Application for EU figurative mark YO! — Prior national work mark YO — Relative ground for refusal — Likelihood of confusion — Article 81)(b) of Regulation (EC) No 207/2009)
Date: 2016-12-14
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_2017030EN.01004602.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/46





Judgment of the General Court of 14 December 2016 — Scorpio Poland v EUIPO — Eckes-Granini Group (YO!)
(Case T-745/15) (1)

((European Union trade mark - Opposition proceedings - Application for EU figurative mark YO! - Prior national work mark YO - Relative ground for refusal - Likelihood of confusion - Article 81)(b) of Regulation (EC) No 207/2009))
(2017/C 030/52)
Language of the case: Polish

Parties


Applicant: Scorpio Poland, formerly FH Scorpio (Łódź, Poland) (represented by: R. Rumpel, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Schifko and E. Śliwińska, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Eckes-Granini Group GmbH (Nieder-Olm, Germany) (represented by: W. Berlit, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 October 2015 (Case R 1546/2014-2) concerning opposition proceedings between Eckes-Granini Group and FH Scorpio.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Scorpio Poland to pay the costs.






(1)  OJ C 59, 15.2.2016.