do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8285 — Bain Capital Investors/MSX International) (Text with EEA relevance )
Date: 2016-12-20
Institutions: European Commission
Subjects: consultancy, economic concentration, information technology industry, merger control








C_2016476EN.01000101.xml










20.12.2016   


EN


Official Journal of the European Union


C 476/1





Non-opposition to a notified concentration
(Case M.8285 — Bain Capital Investors/MSX International)
(Text with EEA relevance)
(2016/C 476/01)
On 13 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 32016M8285. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission Implementing Regulation (EU) 2016/2347 of 20 December 2016 determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2017 under the tariff quotas opened by Regulation (EC) No 539/2007 in the egg sector and for egg albumin
Date: 2016-12-20
Institutions: European Commission
Subjects: common organisation of markets, egg, import (EU), import licence, protein products, tariff quota








L_2016348EN.01001501.xml










21.12.2016   


EN


Official Journal of the European Union


L 348/15








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/2347
of 20 December 2016
         
determining the quantities to be added to the quantity fixed for the subperiod from 1 April to 30 June 2017 under the tariff quotas opened by Regulation (EC) No 539/2007 in the egg sector and for egg albumin


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,

Whereas:







(1)


Commission Regulation (EC) No 539/2007 (2) opened annual tariff quotas for imports of egg products and egg albumin.












(2)


The quantities covered by the applications for import licences lodged from 1 to 7 December 2016 for the subperiod from 1 January to 31 March 2017 are less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.












(3)


In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 539/2007, to be added to the subperiod from 1 April to 30 June 2017, are set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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, 20 December 2016.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (OJ L 128, 16.5.2007, p. 19).




ANNEX






Order No


Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2017
(in kg, shell egg equivalent)




09.4015


108 000 000 




09.4401


3 899 810 




09.4402


11 625 000
Case T-736/16: Order of the General Court of 20 December 2016 — Amira and Others v Commission and ECB
Date: 2016-12-20
Institutions: General Court
Subjects: Greece, aid for restructuring, claim, composition, damages, equal treatment, free movement of capital, ownership, public debt








C_2017053EN.01004702.xml










20.2.2017   


EN


Official Journal of the European Union


C 53/47





Order of the General Court of 20 December 2016 — Amira and Others v Commission and ECB
(Case T-736/16) (1)

(2017/C 053/58)
Language of the case: English
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 475, 19.12.2016.
Request for an Advisory Opinion from the EFTA Court by the Fürstliches Obergericht dated 20 December 2016 in the case of Pascal Nobile v DAS Rechtsschutz-Versicherungs AG (Case E-21/16)
Date: 2016-12-20
Institutions: EFTA Court
Subjects: EFTA Court, Liechtenstein, civil proceedings, financial solvency, insurance company, insurance contract, insurance law, lawyer, reinsurance








C_2017155EN.01000701.xml










18.5.2017   


EN


Official Journal of the European Union


C 155/7





Request for an Advisory Opinion from the EFTA Court by the Fürstliches Obergericht dated 20 December 2016 in the case of Pascal Nobile v DAS Rechtsschutz-Versicherungs AG
(Case E-21/16)
(2017/C 155/05)
A request has been made to the EFTA Court by a letter dated 20 December 2016 from the Fürstliches Obergericht (Princely Court of Appeal), which was received at the Court Registry on 20 December 2016, for an Advisory Opinion in the case of Pascal Nobile v DAS Rechtsschutz-Versicherungs AG on the following questions:






1.


Does Article 201(1)(a) of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) preclude a contractual agreement between a legal expenses insurance and an insured person, according to which it is a breach of duty of the insured person, releasing the insurance company from its obligations, if the insured person mandates an attorney to represent his interests, without the consent of the legal expenses insurance, at a point in time when the insured person would be entitled to make a claim according to the legal expenses insurance contract?










2.


In the event that question 1 is answered in the negative: In litigation proceedings, when does an inquiry or do proceedings referred to in Article 201(1)(a) of Directive 2009/138/EC start, leading to the free choice of a lawyer? Is the relevant point in time solely based on the formal commencement of court proceedings (the lawsuit being filed with the court), or are prior steps also included, and, if so, which ones?










3.


In the event that questions 1 and 2 are answered after 16 January 2017:






a)


Does the principle of loyalty laid down in Article 3 of the EEA Agreement preclude national courts, in all circumstances, from calling the validity of decisions of the EFTA Court into question?










b)


In the event that question 3a is answered in the negative: Which circumstances would allow national courts to question the validity of decisions of the EFTA Court, without thereby being in breach of the principle of loyalty laid down in Article 3 of the EEA Agreement?
Non-opposition to a notified concentration (Case M.8272 — CVC/Cinven/NewDay) (Text with EEA relevance )
Date: 2016-12-20
Institutions: European Commission
Subjects: credit institution, economic concentration, financial services, merger control








C_2016476EN.01000102.xml










20.12.2016   


EN


Official Journal of the European Union


C 476/1





Non-opposition to a notified concentration
(Case M.8272 — CVC/Cinven/NewDay)
(Text with EEA relevance)
(2016/C 476/02)
On 14 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 32016M8272. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-896/16: Action brought on 20 December 2016 — Puma v EUIPO — Senator (TRINOMIC)
Date: 2016-12-20
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, leather, registered trade mark, trade-mark law








C_2017053EN.01003901.xml










20.2.2017   


EN


Official Journal of the European Union


C 53/39





Action brought on 20 December 2016 — Puma v EUIPO — Senator (TRINOMIC)
(Case T-896/16)
(2017/C 053/47)
Language in which the application was lodged: German

Parties


Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Senator GmbH & Co. KGaA (Groß-Bieberau, Germany)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘TRINOMIC’ — Application No 12 697 074

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 October 2016 in Case R 70/2016-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the defendant to pay the costs of the proceedings, including those incurred in the appeal proceedings.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009;










—


Infringement of the principle of equal treatment and of the principle that the administration is bound by its own decisions.
Prior notification of a concentration (Case M.8275 — Sompo/Endurance) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-12-20
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control, reinsurance








C_2016476EN.01001701.xml










20.12.2016   


EN


Official Journal of the European Union


C 476/17





Prior notification of a concentration
(Case M.8275 — Sompo/Endurance)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 476/07)






1.


On 13 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sompo Holdings, Inc. (‘Sompo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Endurance Speciality Holdings Ltd (‘Endurance’, Bermuda) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Sompo: provision of a variety of insurance, reinsurance, financial and other services, active globally,
—   for Endurance: provision of speciality non-life insurance and reinsurance, active globally.










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.8275 — Sompo/Endurance, 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.
Prior notification of a concentration (Case M.8074 — Schneider Electric/DB Energie/inno2grid JV) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-12-20
Institutions: European Commission
Subjects: consultancy, economic concentration, merger control, provision of services








C_2016476EN.01001601.xml










20.12.2016   


EN


Official Journal of the European Union


C 476/16





Prior notification of a concentration
(Case M.8074 — Schneider Electric/DB Energie/inno2grid JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 476/06)






1.


On 9 December 2016, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Schneider Electric GmbH (Germany), a subsidiary of Schneider Electric SE, and DB Energie GmbH (Germany), a subsidiary of Deutsche Bahn AG, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking inno2grid (Germany).










2.


The business activities of the undertakings concerned are:






—


Schneider Electric SE operates in the electricity distribution, energy management and industrial automation sectors and offers integrated solutions for energy infrastructures, industrial processes, industrial equipment and systems, building automation, data centres and networks, and homes,










—


Deutsche Bahn AG is a passenger and logistics company in Europe with many subsidiaries in the passenger, infrastructure, transport and logistics sectors. DB Energie GmbH is the energy division of Deutsche Bahn AG. DB Energie GmbH manages the generation and purchase of energy, as well as the provision of energy sources,










—


inno2grid offers design, consulting, planning and testing services, as well as the deployment, operation and distribution of decentralised intelligent energy infrastructures and the corresponding sustainable, connected mobility solutions.














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 the Notice.










4.


The Commission invites interested third parties to submit to it their observations on the proposed operation.
Observations must reach the Commission no later than 10 days following the date on which this notification is published. 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.8074 — Schneider Electric/DB Energie/inno2grid 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.
Action brought on 20 December 2016 by Autonomy Capital (Jersey) LP and Eaton Vance Management against the EFTA Surveillance Authority (Case E-20/16)
Date: 2016-12-20
Institutions: EFTA Court
Subjects: Iceland, discrimination on the basis of nationality, fundamental rights, national currency, principle of proportionality, residence








C_2017073EN.01002201.xml










9.3.2017   


EN


Official Journal of the European Union


C 73/22





Action brought on 20 December 2016 by Autonomy Capital (Jersey) LP and Eaton Vance Management against the EFTA Surveillance Authority
(Case E-20/16)
(2017/C 73/12)
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 20 December 2016 by Autonomy Capital (Jersey) LP and Eaton Vance Management, represented by Pétur Örn Sverrisson hrl. and Halldór Backman hrl., Morrison & Foerster (UK) LLP, Citypoint, One Ropemaker Street, London EC2Y 9AW.
The Applicant requests the EFTA Court to:






1.


Declare void the Defendant’s decision of 23 November 2016 closing the Applicants’ complaint against Iceland; and










2.


Order the Defendant to pay the Applicants’ costs of the present proceedings.




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






—


The Applicants argue that Act No 37/2016, passed by the Icelandic Parliament, discriminates on the grounds of nationality by imposing extensive requirements, with penalties for failure to comply, on the holders of offshore króna who are predominantly non-residents of Iceland, and does not place any equivalent requirements on domestic holders of króna.










—


According to the Applicants, the EFTA Surveillance Authority has relied on Article 43 of the EEA Agreement to support the assertion that Iceland was, and continues to be, allowed to derogate from its obligation to comply with the fundamental freedoms set out in the EEA Agreement.










—


The Applicants claims that the EFTA Surveillance Authority has misjudged the level of discretion awarded to EEA/EFTA States by Article 43 and, therefore, Iceland has not met the test set out in Article 43(4).










—


Additionally, the Applicants submits that, regardless of scenario, any derogation from an obligation under the EEA Agreements must be in accordance with the principal of proportionality and must be no wider in scope than necessary to remedy whatever sudden difficulties have arisen. According to the Applicants, the controls imposed by Act No 37/2016 are disproportionate and do not address the Icelandic Government’s stated concern, and, additionally, the Icelandic Authorities have failed to consider the considerably less restrictive options suggested to them.
Euro exchange rates
Date: 2016-12-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2016476EN.01000201.xml










20.12.2016   


EN


Official Journal of the European Union


C 476/2





Euro exchange rates (1)

19 December 2016
(2016/C 476/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0422 




JPY


Japanese yen


122,19 




DKK


Danish krone


7,4343 




GBP


Pound sterling


0,84140 




SEK


Swedish krona


9,7800 




CHF


Swiss franc


1,0709 




ISK


Iceland króna


 




NOK


Norwegian krone


9,0485 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


311,79 




PLN


Polish zloty


4,4110 




RON


Romanian leu


4,5179 




TRY


Turkish lira


3,6532 




AUD


Australian dollar


1,4351 




CAD


Canadian dollar


1,3947 




HKD


Hong Kong dollar


8,0946 




NZD


New Zealand dollar


1,5023 




SGD


Singapore dollar


1,5103 




KRW


South Korean won


1 238,96 




ZAR


South African rand


14,6690 




CNY


Chinese yuan renminbi


7,2467 




HRK


Croatian kuna


7,5350 




IDR


Indonesian rupiah


13 963,30 




MYR


Malaysian ringgit


4,6670 




PHP


Philippine peso


52,165 




RUB


Russian rouble


64,5075 




THB


Thai baht


37,399 




BRL


Brazilian real


3,5191 




MXN


Mexican peso


21,2881 




INR


Indian rupee


70,7225 






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) 2016/2351 of 20 December 2016 determining the quantities to be added to the quantity fixed for the subperiod 1 April to 30 June 2017 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector
Date: 2016-12-20
Institutions: European Commission
Subjects: common organisation of markets, import (EU), import licence, pigmeat, tariff quota








L_2016348EN.01002301.xml










21.12.2016   


EN


Official Journal of the European Union


L 348/23








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/2351
of 20 December 2016
         
determining the quantities to be added to the quantity fixed for the subperiod 1 April to 30 June 2017 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,

Whereas:







(1)


Commission Regulation (EC) No 442/2009 (2) opened annual tariff quotas for imports of pigmeat products. The quotas listed in Part B of Annex I to that Regulation are managed using the simultaneous examination method.












(2)


The quantities covered by import licence applications lodged from 1 to 7 December 2016 for the subperiod 1 January to 31 March 2017 are smaller than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.












(3)


In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have not been lodged under Regulation (EC) No 442/2009, to be added to the subperiod 1 April to 30 June 2017, are set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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, 20 December 2016.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (OJ L 129, 28.5.2009, p. 13).




ANNEX






Order No


Quantities not applied for, to be added to the quantities available for the subperiod 1 April to 30 June 2017
(kg)




09.4038


25 848 750 




09.4170


3 691 500 




09.4204


3 468 000