do-me/EUR-LEX huggingface dataset:
Case C-585/15: Judgment of the Court (Third Chamber) of 9 February 2017 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Raffinerie Tirlemontoise SA v État belge (Reference for a preliminary ruling — Sugar — Production levies — Calculation of the average loss — Calculation of production levies — Regulation (EC) No 2267/2000 — Validity — Regulation (EC) No 1993/2001 — Validity)
Date: 2017-02-09
Institutions: Court of Justice
Subjects: common organisation of markets, export (EU), export refund, sugar, sugar levy








C_2017104EN.01002001.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/20





Judgment of the Court (Third Chamber) of 9 February 2017 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Raffinerie Tirlemontoise SA v État belge
(Case C-585/15) (1)

((Reference for a preliminary ruling - Sugar - Production levies - Calculation of the average loss - Calculation of production levies - Regulation (EC) No 2267/2000 - Validity - Regulation (EC) No 1993/2001 - Validity))
(2017/C 104/29)
Language of the case: French

Referring court

Tribunal de première instance francophone de Bruxelles

Parties to the main proceedings


Applicant: Raffinerie Tirlemontoise SA

Defendant: État belge

Operative part of the judgment







1.


Article 33(1) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector must be interpreted as meaning that, for the purpose of calculating the average loss, it is necessary to divide the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities of those products which were exported, regardless of whether or not refunds have in fact been paid for the latter.










2.


Article 33(2) of that regulation must be interpreted as meaning that, for the purpose of the overall calculation of the production levies, it is necessary to take into account the average loss calculated by dividing the total amount of the actual expenditure for export refunds for products which come under that provision by the total amount of the quantities exported for those products, regardless of whether or not refunds have in fact been paid for the latter.










3.


Commission Regulation (EC) No 2267/2000 of 12 October 2000 fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and Commission Regulation (EC) No 1993/2001 of 11 October 2001 fixing the production levies in the sugar sector for the 2000/2001 marketing year are invalid.






(1)  OJ C 38, 1.2.2016.
Prior notification of a concentration (Case M.8349 — KKR/The GfK Verein/GfK) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-02-09
Institutions: European Commission
Subjects: economic concentration, market research, merger control








C_2017042EN.01000801.xml










9.2.2017   


EN


Official Journal of the European Union


C 42/8





Prior notification of a concentration
(Case M.8349 — KKR/The GfK Verein/GfK)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 42/06)






1.


On 2 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKR & Co. L.P. (“KKR”, United States of America) and GfK-Nürnberg Gesellschaft für Konsum-, Markt- und Absatzforschung e.V (“The GfK Verein”, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of GfK SE (“GfK”, Germany) by way of public bid announced on 21 December 2016.










2.


The business activities of the undertakings concerned are:






—


KKR is a global investment firm which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients;










—


The GfK Verein is a non-profit organization whose activities are carrying out fundamental research, close cooperation with scientific institutions, particularly with the Friedrich-Alexander University of Erlangen- Nuernberg, maintaining a library and the training of market researchers and the continued training of leadership personnel.










—


GfK is a global market research company, listed on the Frankfurt Stock Exchange. The GfK Verein is its largest shareholder.














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 the 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.8349 — KKR/The GfK Verein/GfK, 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.
Case C-441/15: Judgment of the Court (Eighth Chamber) of 9 February 2017 (request for a preliminary ruling from the Finanzgericht Bremen — Germany) — Madaus GmbH v Hauptzollamt Bremen (Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 3824 90 97 and 2106 90 92 — Product in powder form composed of calcium carbonate (95 %) and modified starch (5 %))
Date: 2017-02-09
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, food supplement, specification of tariff heading








C_2017104EN.01001801.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/18





Judgment of the Court (Eighth Chamber) of 9 February 2017 (request for a preliminary ruling from the Finanzgericht Bremen — Germany) — Madaus GmbH v Hauptzollamt Bremen
(Case C-441/15) (1)

((Reference for a preliminary ruling - Common Customs Tariff - Tariff classification - Combined Nomenclature - Headings 3824 90 97 and 2106 90 92 - Product in powder form composed of calcium carbonate (95 %) and modified starch (5 %)))
(2017/C 104/26)
Language of the case: German

Referring court

Finanzgericht Bremen

Parties to the main proceedings


Applicant: Madaus GmbH

Defendant: Hauptzollamt Bremen

Operative part of the judgment

The Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version resulting from Commission Implementing Regulation (EU) No 1001/2013 of 4 October 2013 must be interpreted to the effect that a product, such as that at issue in the main proceedings, used for the manufacture of calcium tablets in the form of simple tablets, effervescent tablets and chewable tablets, consisting of chemically defined calcium carbonate in powder form and, to improve suitability for use in tablets, added modified starch, and with a starch content of less than 5 % by weight, must be classified under heading 2106 of that nomenclature.


(1)  OJ C 398, 30.11.2015.
Notification of vacancy notice for Administrative Director (grade AD 14) of Eurojust — The Hague (The Netherlands) — 17/EJ/01
Date: 2017-02-09
Institutions: European Union Agency for Criminal Justice Cooperation
Subjects: Eurojust, administrator, competition (EU), job vacancy, management, personnel administration








CA2017042EN.01000101.xml










9.2.2017   


EN


Official Journal of the European Union


CA 42/1





Notification of vacancy notice for Administrative Director (grade AD 14) of Eurojust — The Hague (The Netherlands) — 17/EJ/01
(2017/C 042 A/01)
 
Eurojust invites applications for the position of Administrative Director of Eurojust. Eurojust was established in 2002 to enhance the effectiveness of the Member States’ competent authorities to deal with serious cross-border and organised crime. Eurojust is formed by a College of prosecutors, judges or police officers who are responsible for its organisation and operation. The Administrative Director is responsible, under the supervision of the President of the College, for the day-to-day administration of Eurojust and for staff management. Please consult our website for the detailed vacancy notice and procedure for application:
http://www.eurojust.europa.eu/careers/vacancies/Pages/Vacancies.aspx
The deadline for submission of applications is 17 March 2017 at midnight CET.
Case C-70/17: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 9 February 2017 — NCG Banco, S.A. (now Abanca Corporación Bancaria, S.A.) v Alberto García Salamanca Santos
Date: 2017-02-09
Institutions: Court of Justice
Subjects: consumer protection, real estate credit, unfair terms of contract








C_2017121EN.01001701.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/17





Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 9 February 2017 — NCG Banco, S.A. (now Abanca Corporación Bancaria, S.A.) v Alberto García Salamanca Santos
(Case C-70/17)
(2017/C 121/24)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Appellant: NCG Banco, S.A. (now Abanca Corporación Bancaria, S.A.)

Respondent: Alberto García Salamanca Santos

Questions referred







1.


Must Article 6(1) of Directive 93/13 (1) be interpreted to the effect that a national court, in appraising the unfairness of an accelerated repayment clause in a mortgage loan contract concluded with a consumer that provides for acceleration upon failure to pay an instalment, in addition to other cases of non-payment of further instalments, may assess the unfairness only of the contractual term or case of non-payment of an instalment and treat the accelerated repayment clause covering non-payment of instalments also laid down on a general basis in the clause as still valid, regardless of whether any specific finding of validity or unfairness has to be deferred to the time when the power is exercised?










2.


Does a national court have powers under Directive 93/13 — once an accelerated repayment clause in a loan or credit contract secured by a mortgage is declared unfair — whereby it may take the view that the supplementary application of a provision of national law, even though giving rise to the commencement or continuation of enforcement proceedings against the consumer, appears more favourable to the consumer than a stay of that special mortgage enforcement procedure and may allow the creditor to initiate proceedings to terminate the loan or credit contract, or to claim the sums owing, and ensure the subsequent enforcement of the adverse judgment, without the advantages which the special mortgage enforcement procedure makes available to consumers?






(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Case T-142/16: Order of the General Court of 9 February 2017 — Dröge and Others v Commission (Action for annulment — Declaration of intent and two Commission decisions on the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership between the European Union and the United States (TTIP) — Right of access of staff of members of national parliaments to certain confidential documents relating to the TTIP negotiations — Measures against which no action may be brought — Inadmissibility)
Date: 2017-02-09
Institutions: General Court
Subjects: Member of Parliament, United States, access to EU information, confidentiality, negotiation of an agreement (EU), trade cooperation








C_2017112EN.01003601.xml










10.4.2017   


EN


Official Journal of the European Union


C 112/36





Order of the General Court of 9 February 2017 — Dröge and Others v Commission
(Case T-142/16) (1)

((Action for annulment - Declaration of intent and two Commission decisions on the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership between the European Union and the United States (TTIP) - Right of access of staff of members of national parliaments to certain confidential documents relating to the TTIP negotiations - Measures against which no action may be brought - Inadmissibility))
(2017/C 112/49)
Language of the case: German

Parties


Applicants: Katharina Dröge (Berlin, Germany), Britta Haßelmann (Berlin), Anton Hofreiter (Berlin) (represented by: Professor W. Cremer)

Defendant: European Commission (represented by: F. Erlbacher, R. Vidal Puig and B. Hartmann, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking (i) annulment of the Commission’s declaration of intent concerning the conclusion of a treaty binding on the contracting parties — the European Union and the United States of America — as regards the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership (TTIP), and, in the alternative, a declaration that it is contrary to EU law; (ii) annulment of the Commission’s prior decision concerning the submission of the aforementioned declaration of intent on the authorisation of the agreement and (iii) annulment of the Commission’s oral decision connected with the conclusion of a treaty or a non-binding political agreement with the United States of America on the ‘TTIP access regime’ and classifying that regime as binding under EU law, in so far as it strictly prohibits members of the parliaments of the Member States from being accompanied by vetted staff, including staff of their political group, when viewing documents relating to the TTIP in reading rooms established for that purpose.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Katharina Dröge, Britta Haßelmann and Anton Hofreiter are ordered to pay the costs.






(1)  OJ C 221, 13.6.2016.
Case T-271/15 P: Judgment of the General Court of 9 February 2017 — LD v EUIPO (Appeal — Civil service — Officials — Appraisal report — 2011/2012 appraisal period — Distortion of facts — Error of law — Breach of fiduciary duty — Legitimate expectations)
Date: 2017-02-09
Institutions: General Court
Subjects: European official, damages, staff assessment








C_2017095EN.01000802.xml










27.3.2017   


EN


Official Journal of the European Union


C 95/8





Judgment of the General Court of 9 February 2017 — LD v EUIPO
(Case T-271/15 P) (1)

((Appeal - Civil service - Officials - Appraisal report - 2011/2012 appraisal period - Distortion of facts - Error of law - Breach of fiduciary duty - Legitimate expectations))
(2017/C 095/15)
Language of the case: English

Parties


Appellant: LD (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: A. Lukošiūtė, acting as Agent)

Re:

Appeal against the judgment of the Civil Service Tribunal [confidential], (2) seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Declares that LD is to bear her own costs and orders her to pay those incurred by the European Union Intellectual Property office in the present proceedings.






(1)  OJ C 262, 10.8.2015.

(2)  Confidential data omitted.
Commission Implementing Regulation (EU) 2017/229 of 9 February 2017 entering a name in the register of traditional specialities guaranteed (Traditionally Reared Pedigree Welsh Pork (TSG))
Date: 2017-02-09
Institutions: European Commission
Subjects: United Kingdom, Wales, designation of origin, fresh meat, labelling, pigmeat, product designation








L_2017035EN.01001201.xml










10.2.2017   


EN


Official Journal of the European Union


L 35/12








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/229
of 9 February 2017
         
entering a name in the register of traditional specialities guaranteed (Traditionally Reared Pedigree Welsh Pork (TSG))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, the United Kingdom's application to register the name ‘Traditionally Reared Pedigree Welsh Pork’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Traditionally Reared Pedigree Welsh Pork’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Traditionally Reared Pedigree Welsh Pork’ (TSG) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.1. — Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 9 February 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 382, 15.10.2016, p. 19.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Non-opposition to a notified concentration (Case M.8344 — Sumitomo Corporation/Fyffes plc) (Text with EEA relevance. )
Date: 2017-02-09
Institutions: European Commission
Subjects: economic concentration, fruit, merger control, vegetable, wholesale trade








C_2017042EN.01000101.xml










9.2.2017   


EN


Official Journal of the European Union


C 42/1





Non-opposition to a notified concentration
(Case M.8344 — Sumitomo Corporation/Fyffes plc)
(Text with EEA relevance)
(2017/C 42/01)
On 3 February 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 32017M8344. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
State aid — Decision to raise no objections
Date: 2017-02-09
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, maritime transport, tax relief








C_2017042EN.01000301.xml










9.2.2017   


EN


Official Journal of the European Union


C 42/3





State aid — Decision to raise no objections
(2017/C 42/03)
The EFTA Surveillance Authority raises no objections to the following state aid measure:








Date of adoption of the decision



:


11 November 2016





Case No



:


79784





Decision No



:


201/16/COL





EFTA State



:


Norway





Title



:


Six month prolongation of the special tax system for shipping





Legal basis



:


The Parliamentary resolution on income and net wealth taxes, the Tax Act (LOV-1999-03-26-14) sections 8-10 to 8-20, and the Regulation to the Tax Act (FOR-1999-11-19-1158) sections 8-11, 8-13, 8-15, 8-16 and 8-20.





Type of measure



:


Scheme





Objective



:


Maritime transport





Form of aid



:


Favourable tax





Budget



:


NOK 100 million





Duration



:


1.1.2017 – 30.6.2017





Economic sectors



:


Maritime transport





Name and address of the granting authority



:







Skatt Øst




P.O. Box 1073 Valaskjold




N-1705 Sarpsborg




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Euro exchange rates
Date: 2017-02-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2017042EN.01000201.xml










9.2.2017   


EN


Official Journal of the European Union


C 42/2





Euro exchange rates (1)

8 February 2017
(2017/C 42/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0665 




JPY


Japanese yen


119,39 




DKK


Danish krone


7,4342 




GBP


Pound sterling


0,85315 




SEK


Swedish krona


9,4523 




CHF


Swiss franc


1,0637 




ISK


Iceland króna


 




NOK


Norwegian krone


8,8835 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


309,32 




PLN


Polish zloty


4,3118 




RON


Romanian leu


4,4890 




TRY


Turkish lira


3,9709 




AUD


Australian dollar


1,3960 




CAD


Canadian dollar


1,4020 




HKD


Hong Kong dollar


8,2745 




NZD


New Zealand dollar


1,4600 




SGD


Singapore dollar


1,5112 




KRW


South Korean won


1 220,64 




ZAR


South African rand


14,3162 




CNY


Chinese yuan renminbi


7,3295 




HRK


Croatian kuna


7,4573 




IDR


Indonesian rupiah


14 211,11 




MYR


Malaysian ringgit


4,7342 




PHP


Philippine peso


53,233 




RUB


Russian rouble


63,1825 




THB


Thai baht


37,359 




BRL


Brazilian real


3,3330 




MXN


Mexican peso


21,9102 




INR


Indian rupee


71,6095 






(1)  Source: reference exchange rate published by the ECB.