do-me/EUR-LEX huggingface dataset:
COMMISSION STAFF WORKING DOCUMENT U.S. Response to the European Commission's Report on the Joint Review of the U.S. - EU Passenger Name Record Agreement Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of passenger name records to the United States Department of Homeland Security
Date: 2017-01-19
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: United States, agreement (EU), cross-frontier data flow, data protection, exchange of information, personal data, protection of privacy, traveller

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 19.1.2017  SWD(2017) 20 final   COMMISSION STAFF WORKING DOCUMENT U.S. Response to the European Commission's Report on the Joint Review of the U.S. - EU Passenger Name Record Agreement Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of  passenger name records to the United States Department of Homeland Security {COM(2017) 29 final} {SWD(2017) 14 final}
Case C-28/17: Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 19 January 2017 — NN A/S v Skatteministeriet
Date: 2017-01-19
Institutions: Court of Justice
Subjects: Denmark, branch, equal treatment, financial loss, national law, right of establishment, tax law, tax relief








C_2017121EN.01001202.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/12





Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 19 January 2017 — NN A/S v Skatteministeriet
(Case C-28/17)
(2017/C 121/18)
Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings


Applicant: NN A/S

Defendant: Skatteministeriet

Questions referred







1.


What factors are to be taken into account in assessing whether resident companies in a situation such as the present one are subject to an ‘equivalent condition’ within the meaning of paragraph 20 of the Philips judgment, (1) with respect to the setting off of losses, to that applicable to branches of non-resident companies?










2.


If it is presumed that the Danish tax rules do not contain a difference of treatment as dealt with in the Philips case, does a prohibition of setting off similar to that described — in a case in which the loss in the non-resident company’s permanent establishment is also subject to the host country’s power of taxation — in itself constitute a restriction of the right of freedom of establishment under Article 49 TFEU, which has to be justified by reference to overriding reasons of the public interest?










3.


If so, can such a restriction then be justified by the interest in preventing the double use of losses, the objective of ensuring a balanced distribution of powers of taxation between the Member States, or a combination of both?










4.


If so, is such a restriction proportionate?






(1)  Judgment of the Court of 6 September 2012, C-18/11 (EU:C:2012:532).
Case T-232/16 P: Judgment of the General Court of 19 January 2017 — Commission v Frieberger and Vallin (Appeal — Civil service — Officials — Pensions — Reform of the Staff Regulations — Raising of the retirement age — Decision refusing to recalculate the bonus relating to pension rights — Principle of ne ultra petita — Error in law — Obligation to state reasons)
Date: 2017-01-19
Institutions: General Court
Subjects: European official, pension scheme, retirement conditions, staff regulations (EU)








C_2017063EN.01002802.xml










27.2.2017   


EN


Official Journal of the European Union


C 63/28





Judgment of the General Court of 19 January 2017 — Commission v Frieberger and Vallin
(Case T-232/16 P) (1)

((Appeal - Civil service - Officials - Pensions - Reform of the Staff Regulations - Raising of the retirement age - Decision refusing to recalculate the bonus relating to pension rights - Principle of ne ultra petita - Error in law - Obligation to state reasons))
(2017/C 063/39)
Language of the case: French

Parties


Appellant: European Commission (represented by: G. Berscheid and G. Gattinara, acting as Agents)

Other parties to the proceedings: Jürgen Frieberger (Woluwe-Saint-Lambert, Belgium) and Benjamin Vallin (Saint-Gilles, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 2 March 2016, Frieberger and Vallin v Commission (F-3/15, EU:F:2016:26), seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 2 March 2016, Frieberger and Vallin v Commission (F-3/15);










2.


Dismisses the action brought by Jürgen Frieberger and Benjamin Vallin before the Civil Service Tribunal in Case F-3/15;










3.


Orders each party to bear its own costs relating to the appeal proceedings;










4.


Orders Mr Frieberger and Mr Vallin to pay the costs of the proceedings before the Civil Service Tribunal, including the costs incurred by the European Commission.






(1)  OJ C 243, 4.7.2016.
Euro exchange rates
Date: 2017-01-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2017018EN.01002301.xml










19.1.2017   


EN


Official Journal of the European Union


C 18/23





Euro exchange rates (1)

18 January 2017
(2017/C 18/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0664 




JPY


Japanese yen


121,05 




DKK


Danish krone


7,4361 




GBP


Pound sterling


0,86833 




SEK


Swedish krona


9,5328 




CHF


Swiss franc


1,0706 




ISK


Iceland króna


 




NOK


Norwegian krone


9,0330 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


307,92 




PLN


Polish zloty


4,3673 




RON


Romanian leu


4,4928 




TRY


Turkish lira


4,0371 




AUD


Australian dollar


1,4128 




CAD


Canadian dollar


1,3986 




HKD


Hong Kong dollar


8,2716 




NZD


New Zealand dollar


1,4838 




SGD


Singapore dollar


1,5176 




KRW


South Korean won


1 249,39 




ZAR


South African rand


14,4632 




CNY


Chinese yuan renminbi


7,2931 




HRK


Croatian kuna


7,5275 




IDR


Indonesian rupiah


14 228,44 




MYR


Malaysian ringgit


4,7500 




PHP


Philippine peso


53,222 




RUB


Russian rouble


63,2480 




THB


Thai baht


37,655 




BRL


Brazilian real


3,4367 




MXN


Mexican peso


23,1335 




INR


Indian rupee


72,6365 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.8288 — Permira/Schustermann &amp; Borenstein) (Text with EEA relevance. )
Date: 2017-01-19
Institutions: European Commission
Subjects: clothing, economic concentration, electronic commerce, merger control, retail trade








C_2017018EN.01002202.xml










19.1.2017   


EN


Official Journal of the European Union


C 18/22





Non-opposition to a notified concentration
(Case M.8288 — Permira/Schustermann & Borenstein)
(Text with EEA relevance)
(2017/C 18/06)
On 10 January 2017, 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 32017M8288. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-460/15: Judgment of the Court (First Chamber) of 19 January 2017 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland (Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Monitoring plan — Regulation (EU) No 601/2012 — Article 49(1) and point 10 of Annex IV — Calculation of the emissions of an installation — Subtraction of carbon dioxide (CO2) transferred — Exclusion of CO2 used in the production of precipitated calcium carbonate — Legality of the exclusion)
Date: 2017-01-19
Institutions: Court of Justice
Subjects: EU Emissions Trading Scheme, chemical salt, environmental monitoring, environmental protection, greenhouse gas, oxide, reduction of gas emissions, tradeable emission permit








C_2017070EN.01000601.xml










6.3.2017   


EN


Official Journal of the European Union


C 70/6





Judgment of the Court (First Chamber) of 19 January 2017 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland
(Case C-460/15) (1)

((Reference for a preliminary ruling - Environment - Scheme for greenhouse gas emission allowance trading within the European Union - Directive 2003/87/EC - Monitoring plan - Regulation (EU) No 601/2012 - Article 49(1) and point 10 of Annex IV - Calculation of the emissions of an installation - Subtraction of carbon dioxide (CO2) transferred - Exclusion of CO2 used in the production of precipitated calcium carbonate - Legality of the exclusion))
(2017/C 070/08)
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Schaefer Kalk GmbH & Co. KG

Defendant: Bundesrepublik Deutschland

Operative part of the judgment

The second sentence of Article 49(1) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and point 10(B) of Annex IV to that regulation are invalid in so far as they systematically include the carbon dioxide (CO2) transferred to another installation for the production of precipitated calcium carbonate in the emissions of the lime combustion installation, regardless of whether or not that CO2 is released into the atmosphere.


(1)  OJ C 389, 23.11.2015.
Non-opposition to a notified concentration (Case M.8325 — KKR/Hilding Anders) (Text with EEA relevance. )
Date: 2017-01-19
Institutions: European Commission
Subjects: economic concentration, furniture industry, merger control








C_2017018EN.01002101.xml










19.1.2017   


EN


Official Journal of the European Union


C 18/21





Non-opposition to a notified concentration
(Case M.8325 — KKR/Hilding Anders)
(Text with EEA relevance)
(2017/C 18/03)
On 9 January 2017, 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 32017M8325. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-282/15: Judgment of the Court (Fourth Chamber) of 19 January 2017 (request for a preliminary ruling from the Verwaltungsgericht Braunschweig — Germany) — Queisser Pharma GmbH & Co. KG v Bundesrepublik Deutschland (Reference for a preliminary ruling — Free movement of goods — Articles 34 to 36 TFEU — Purely domestic situation — Food safety — Regulation (EC) No 178/2002 — Article 6 — Principle of risk analysis — Article 7 — Precautionary principle — Regulation (EC) No 1925/2006 — Member State legislation prohibiting the manufacture and sale of food supplements containing amino acids — Situation in which a temporary derogation to that prohibition is at the discretion of the national authority)
Date: 2017-01-19
Institutions: Court of Justice
Subjects: food safety, food supplement, foodstuffs legislation, free movement of goods, market approval, organic chemical, precautionary principle








C_2017070EN.01000301.xml










6.3.2017   


EN


Official Journal of the European Union


C 70/3





Judgment of the Court (Fourth Chamber) of 19 January 2017 (request for a preliminary ruling from the Verwaltungsgericht Braunschweig — Germany) — Queisser Pharma GmbH & Co. KG v Bundesrepublik Deutschland
(Case C-282/15) (1)

((Reference for a preliminary ruling - Free movement of goods - Articles 34 to 36 TFEU - Purely domestic situation - Food safety - Regulation (EC) No 178/2002 - Article 6 - Principle of risk analysis - Article 7 - Precautionary principle - Regulation (EC) No 1925/2006 - Member State legislation prohibiting the manufacture and sale of food supplements containing amino acids - Situation in which a temporary derogation to that prohibition is at the discretion of the national authority))
(2017/C 070/03)
Language of the case: German

Referring court

Verwaltungsgericht Braunschweig

Parties to the main proceedings


Applicant: Queisser Pharma GmbH & Co. KG

Defendant: Bundesrepublik Deutschland

Operative part of the judgment

Articles 6 and 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which prohibits the manufacture, processing or marketing of any food supplement containing amino acids, unless a derogation has been issued by a national authority with discretion in that respect, where that legislation is based on a risk analysis which concerns only certain amino acids, which it is for the referring court to verify. In any event, those articles must be interpreted as precluding such national legislation, where that legislation lays down that the derogations to the prohibition covered by it may only be granted for a specific period even in cases where the safety of a substance is established.


(1)  OJ 2015 C 294, p. 30.
Case C-521/16: Order of the President of the Court of 19 January 2017 (request for a preliminary ruling from the Amtsgericht Hannover — Germany) — Ralf-Achim Vetter, Susanne Glang-Vetter, Anna Louisa Vetter, Carolin Marie Vetter v Germanwings GmbH
Date: 2017-01-19
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, indemnification, transport regulations, traveller








C_2017129EN.01001403.xml










24.4.2017   


EN


Official Journal of the European Union


C 129/14





Order of the President of the Court of 19 January 2017 (request for a preliminary ruling from the Amtsgericht Hannover — Germany) — Ralf-Achim Vetter, Susanne Glang-Vetter, Anna Louisa Vetter, Carolin Marie Vetter v Germanwings GmbH
(Case C-521/16) (1)

(2017/C 129/23)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 30, 30.1.2017.
Non-opposition to a notified concentration (Case M.8204 — Barloworld South Africa/Baywa/JV) (Text with EEA relevance. )
Date: 2017-01-19
Institutions: European Commission
Subjects: agricultural machinery, economic concentration, mechanical engineering, merger control








C_2017018EN.01002201.xml










19.1.2017   


EN


Official Journal of the European Union


C 18/22





Non-opposition to a notified concentration
(Case M.8204 — Barloworld South Africa/Baywa/JV)
(Text with EEA relevance)
(2017/C 18/05)
On 9 January 2017, 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 32017M8204. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.8302 — Koch Industries/Guardian Industries) (Text with EEA relevance. )
Date: 2017-01-19
Institutions: European Commission
Subjects: economic concentration, glass industry, merger control








C_2017018EN.01002102.xml










19.1.2017   


EN


Official Journal of the European Union


C 18/21





Non-opposition to a notified concentration
(Case M.8302 — Koch Industries/Guardian Industries)
(Text with EEA relevance)
(2017/C 18/04)
On 5 January 2017, 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 32017M8302. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission Implementing Regulation (EU) 2017/96 of 19 January 2017 on the minimum selling price for skimmed milk powder for the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2017-01-19
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2017016EN.01002701.xml










20.1.2017   


EN


Official Journal of the European Union


L 16/27








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/96
of 19 January 2017
         
on the minimum selling price for skimmed milk powder for the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


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),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the third partial invitation to tender, a minimum selling price should not be fixed.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the third partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 17 January 2017, a minimum selling price has not been fixed.


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, 19 January 2017.


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)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Prior notification of a concentration (Case M.8283 — General Electric Company/LM Wind Power Holding) (Text with EEA relevance. )
Date: 2017-01-19
Institutions: European Commission
Subjects: economic concentration, mechanical engineering, merger control








C_2017018EN.01003101.xml










19.1.2017   


EN


Official Journal of the European Union


C 18/31





Prior notification of a concentration
(Case M.8283 — General Electric Company/LM Wind Power Holding)
(Text with EEA relevance)
(2017/C 18/15)






1.


On 11 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which General Electric Company (‘GE’, USA) will acquire sole control over LM Wind Power Holding A/S (‘LM’, Denmark) within the meaning of Article 3(1)(b) of the Merger Regulation, by means of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


GE is a global manufacturing, technology and services company that is made up of a number of business units, each with its own divisions. GE’s business GE Renewable Energy produces and supplies wind turbines for onshore and offshore use on a global basis. It also services wind turbines, primarily for its own installed fleet,










—


LM is a company active as regards the design, testing, manufacturing and supply of blades for wind turbines, both in the EEA and worldwide.














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.










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.8283 — General Electric Company/LM Wind Power Holding, 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’).