do-me/EUR-LEX huggingface dataset:
Notice for the attention of a person subject to the restrictive measures provided for in Council Decision 2014/119/CFSP and in Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Date: 2016-12-14
Institutions: Council of the European Union
Subjects: Ukraine, economic sanctions, international sanctions, natural person








C_2016463EN.01000601.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/6





Notice for the attention of a person subject to the restrictive measures provided for in Council Decision 2014/119/CFSP and in Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
(2016/C 463/07)
The following information is brought to the attention of Mr Viktor Ivanovych Ratushniak who appears in the Annex to Council Decision 2014/119/CFSP (1) and in Annex I to Council Regulation (EU) No 208/2014 (2) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine.
Following a review of the list of designated persons in Decision 2014/119/CFSP and Regulation (EU) No 208/2014, the Council intends to renew the measures in those acts.
The Council intends to maintain the restrictive measures against the above-mentioned person. The above-mentioned person is hereby informed that he may submit a request to the Council to obtain the elements the Council holds in its file regarding his designation, before 19 December 2016, 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




In this regard, the attention of the person concerned is drawn to the regular review by the Council of the list of designated persons in Decision 2014/119/CFSP and Regulation (EU) No 208/2014. In order for any observations to be considered at the next review, they should be submitted by 13 January 2017.


(1)  OJ L 66, 6.3.2014, p. 26.

(2)  OJ L 66, 6.3.2014, p. 1.
Update with effect from 1 July 2016 of the rate of contribution to the pension scheme of officials and other servants of the European Union
Date: 2016-12-14
Institutions: European Commission
Subjects: European official, pension scheme, servant (EU), social-security contribution








C_2016466EN.01001901.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/19





Update with effect from 1 July 2016 of the rate of contribution to the pension scheme of officials and other servants of the European Union (1)

(2016/C 466/10)
The rate of the contribution referred to in Article 83(2) of the Staff Regulations shall be 9,8 %, with effect from 1 July 2016.


(1)  Eurostat Report on the 2016 actuarial assessment of the Pension Scheme for European Officials of 1 September 2016.
Commission Regulation (EU) 2016/2343 of 14 December 2016 establishing a prohibition of fishing for undulate ray in Union waters of VIII by vessels flying the flag of Spain
Date: 2016-12-14
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2016348EN.01000701.xml










21.12.2016   


EN


Official Journal of the European Union


L 348/7








            COMMISSION REGULATION (EU) 2016/2343
of 14 December 2016
         
establishing a prohibition of fishing for undulate ray in Union waters of VIII 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) 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


41/TQ72




Member State


Spain




Stock


RJU/8-C.




Species


Undulate ray (Raja undulata)




Zone


Union waters of VIII




Closing date


5.12.2016
Notice of the impending expiry of certain anti-dumping measures
Date: 2016-12-14
Institutions: European Commission
Subjects: China, anti-dumping duty, import (EU), office supplies, originating product








C_2016466EN.01002001.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/20





Notice of the impending expiry of certain anti-dumping measures
(2016/C 466/11)
1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Lever arch mechanisms


The People’s Republic of China


Anti-dumping duty


Council Implementing Regulation (EU) No 796/2012 imposing a definitive anti-dumping duty on imports of lever arch mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 238, 4.9.2012, p. 5).


5.9.2017






(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight of the day mentioned in this column.
Euro exchange rates
Date: 2016-12-14
Institutions: European Commission
Subjects: euro, exchange rate








C_2016466EN.01000401.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/4





Euro exchange rates (1)

13 December 2016
(2016/C 466/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0610 




JPY


Japanese yen


122,27 




DKK


Danish krone


7,4370 




GBP


Pound sterling


0,83488 




SEK


Swedish krona


9,7180 




CHF


Swiss franc


1,0742 




ISK


Iceland króna


 




NOK


Norwegian krone


8,9495 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,022 




HUF


Hungarian forint


314,31 




PLN


Polish zloty


4,4442 




RON


Romanian leu


4,5045 




TRY


Turkish lira


3,6953 




AUD


Australian dollar


1,4155 




CAD


Canadian dollar


1,3921 




HKD


Hong Kong dollar


8,2303 




NZD


New Zealand dollar


1,4724 




SGD


Singapore dollar


1,5138 




KRW


South Korean won


1 237,88 




ZAR


South African rand


14,5220 




CNY


Chinese yuan renminbi


7,3233 




HRK


Croatian kuna


7,5260 




IDR


Indonesian rupiah


14 124,95 




MYR


Malaysian ringgit


4,7167 




PHP


Philippine peso


52,844 




RUB


Russian rouble


64,5831 




THB


Thai baht


37,772 




BRL


Brazilian real


3,5325 




MXN


Mexican peso


21,4788 




INR


Indian rupee


71,6590 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.8152 — Arkema/Den Braven) (Text with EEA relevance )
Date: 2016-12-14
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control








C_2016466EN.01000101.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/1





Non-opposition to a notified concentration
(Case M.8152 — Arkema/Den Braven)
(Text with EEA relevance)
(2016/C 466/01)
On 4 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 32016M8152. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-642/16: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 December 2016 — Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG
Date: 2016-12-14
Institutions: Court of Justice
Subjects: EU trade mark, labelling, medical device, packaging, registered trade mark, trade-mark law








C_2017104EN.01002602.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/26





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 December 2016 — Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG
(Case C-642/16)
(2017/C 104/39)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Junek Europ-Vertrieb GmbH

Defendant: Lohmann & Rauscher International GmbH & Co. KG

Questions referred

Must Article 13(2) of Regulation (EC) No 207/2009 (1) be interpreted as meaning that the proprietor of the mark can oppose further commercialisation of a medical device imported from another Member State in its original internal and external packaging, to which the importer has affixed an additional external label, unless






—


it is established that reliance on trade-mark rights by the proprietor in order to oppose the marketing of the overstickered product under that trade mark would contribute to an artificial partitioning of the markets between Member States;










—


it is shown that the new labelling cannot adversely affect the original condition of the product inside the packaging;










—


the packaging states clearly who overstickered the product and the name of the manufacturer;










—


the presentation of the overstickered product is not such as to be liable to damage the reputation of the trade mark and of its proprietor; thus, the label must not be defective, of poor quality, or untidy; and










—


the importer gives notice to the trade mark proprietor before the overstickered product is placed on the market, and, on demand, provides him with a specimen of that product.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).
Case T-154/16: Judgment of the General Court of 14 December 2016 — Grid applications v EUIPO (APlan) (European Union trade mark — Application for EU word mark APlan — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2016-12-14
Institutions: General Court
Subjects: EU trade mark, advertising, consultancy, electrical energy, registered trade mark, software, trade-mark law








C_2017030EN.01004802.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/48





Judgment of the General Court of 14 December 2016 — Grid applications v EUIPO (APlan)
(Case T-154/16) (1)

((European Union trade mark - Application for EU word mark APlan - Absolute ground for refusal - Descriptive nature - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2017/C 030/55)
Language of the case: German

Parties


Applicant: Grid applications GmbH (Vienna, Austria) (represented by: M. Meyenburg, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 February 2016 (Case R 1819/2015-4) concerning an application for registration of work sign APlan as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Grid applications GmbH to pay the costs.






(1)  OJ C 200, 6.6.2016.
Case T-879/16: Action brought on 14 December 2016 — Sony Interactive Entertainment Europe/EUIPO — Marpefa (Vieta)
Date: 2016-12-14
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, registered trade mark, trade-mark law








C_2017053EN.01003402.xml










20.2.2017   


EN


Official Journal of the European Union


C 53/34





Action brought on 14 December 2016 — Sony Interactive Entertainment Europe/EUIPO — Marpefa (Vieta)
(Case T-879/16)
(2017/C 053/43)
Language in which the application was lodged: English

Parties


Applicant: Sony Interactive Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz, QC)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Marpefa, SL (Barcelona, Spain)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark containing the word element ‘VIETA’ — EU trade mark No 1 790 674

Procedure before EUIPO: Revocation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 4 October 2016 in Case R 1010/2016-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the other party to bear their own costs and pay those of the applicant.





Pleas in law







—


Infringement of Article 65(6) of Regulation No 207/2009;










—


Infringement of the principle of clarity and precision of trade mark terms.
Case T-881/16: Action brought on 14 December 2016 — HJ v EMA
Date: 2016-12-14
Institutions: General Court
Subjects: European official, damages, image, indemnification, personal data, protection of privacy








C_2017046EN.01002401.xml










13.2.2017   


EN


Official Journal of the European Union


C 46/24





Action brought on 14 December 2016 — HJ v EMA
(Case T-881/16)
(2017/C 046/27)
Language of the case: French

Parties


Applicant: HJ (London, United Kingdom) (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Medicines Agency

Form of order sought

The applicant claims that the Court should:






—


order the defendant to pay the applicant the symbolic sum of EUR 1 by way of compensation for the non-material harm suffered;










—


order the defendant to withdraw the memorandum of 22 July 2015 and, consequently, the applicant’s response of 23 July 2015, from the applicant’s personal file;










—


so far as necessary, annul the decision of the Authority Empowered to Conclude Contracts (AECE) of 21 March 2016 rejecting the applicant’s claim for damages submitted on 26 November 2015 and annul the decision of the AECE dated 19 October 2016 rejecting the applicant’s complaint of 20 June 2016 against the abovementioned decision;










—


order the defendant to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law alleging that the conditions required for the European Union to be held non-contractually liable, namely that of the illegality of the allegedly wrongful conduct, actual harm and the existence of a causal link between the conduct and the harm alleged to have been suffered, are satisfied in the present case. According to the applicant, the documents in his personal file, which were made public and accessible to any member of staff of the European Medicines Agency for a period of time, were not processed fairly and lawfully but were processed for purposes other than those for which they were collected without that change in purpose having been expressly authorised by the applicant. The dissemination of that sensitive data consequently called into question the applicant’s integrity, causing him real and certain non-material harm. In the applicant’s opinion, that harm must be attributed in its entirety to the Agency’s wrongful conduct.
Non-opposition to a notified concentration (Case M.8295 — AXA/ATP/Target) (Text with EEA relevance )
Date: 2016-12-14
Institutions: European Commission
Subjects: economic concentration, merger control, property leasing, real estate market








C_2016466EN.01000301.xml










14.12.2016   


EN


Official Journal of the European Union


C 466/3





Non-opposition to a notified concentration
(Case M.8295 — AXA/ATP/Target)
(Text with EEA relevance)
(2016/C 466/05)
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 32016M8295. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
Date: 2016-12-14
Institutions: Council of the European Union
Subjects: Tunisia, economic sanctions, international sanctions, natural person, personal data








C_2016463EN.01000501.xml










13.12.2016   


EN


Official Journal of the European Union


C 463/5





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
(2016/C 463/06)
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 101/2011 (2).
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




E-mail: 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 101/2011.
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 (3).
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 31, 5.2.2011, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.