do-me/EUR-LEX huggingface dataset:
Case C-80/17: Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 14 February 2017 — Fundo de Garantia Automóvel v Alina Antónia Destapado Pão Mole Juliana, Cristiana Micaela Caetano Juliana
Date: 2017-02-14
Institutions: Court of Justice
Subjects: civil liability, insurance indemnity, motor vehicle, third-party insurance, transport accident








C_2017144EN.01003001.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/30





Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 14 February 2017 — Fundo de Garantia Automóvel v Alina Antónia Destapado Pão Mole Juliana, Cristiana Micaela Caetano Juliana
(Case C-80/17)
(2017/C 144/39)
Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings


Applicant: Fundo de Garantia Automóvel (Motor Vehicle Guarantee Fund)

Defendants: Alina Antónia Destapado Pão Mole Juliana, Cristiana Micaela Caetano Juliana

Questions referred







(1)


Must Article 3 of Council Directive 72/166/EEC of 24 April 1972 (1) (in force at the date of the accident) be interpreted as meaning that the obligation to take out civil liability motor insurance extends even to the situations in which the vehicle is, at the owner’s choice, immobilised in a private courtyard, away from the public highway?
or,
In those circumstances, is the owner of the vehicle not under an obligation to insure, regardless of the liability of the Fundo de Garantia Automóvel to injured third parties, in particular in cases of the unlawful use of a motor vehicle belonging to another?










(2)


Must Article 1(4) of Council Directive 84/5/EEC of 30 December 1983 (2) (in force at the date of the accident) be interpreted as meaning that the Fundo de Garantia Automóvel — which because there was no civil liability insurance contract, paid the relevant compensation to the third parties injured by the traffic accident caused by the motor vehicle which, without the owner’s knowledge or authorisation, was removed from the private land where it was immobilised — has the right of subrogation against the vehicle’s owner regardless of whether that owner was liable for the accident?
or,
Does the subrogation by the Fundo de Garantia Automóvel in relation to the owner depend on the requirements for civil liability having been met, in particular that, when the accident occurred, the owner had effective control of the vehicle?






(1)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English special edition 1972(II) p. 360).

(2)  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17).
Prior notification of a concentration (Case M.8284 — Deutsche Telekom/Orange/BuyIn) (Text with EEA relevance. )
Date: 2017-02-14
Institutions: European Commission
Subjects: economic concentration, merger control, telecommunications industry








C_2017047EN.01000701.xml










14.2.2017   


EN


Official Journal of the European Union


C 47/7





Prior notification of a concentration
(Case M.8284 — Deutsche Telekom/Orange/BuyIn)
(Text with EEA relevance)
(2017/C 47/07)






1.


On 6 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 Deutsche Telekom AG (‘DT’) (Germany) and Orange S.A. (‘Orange’) (France) convert their existing non-full-function joint venture, BuyIn SA/NV (‘BuyIn’) (Belgium) into a joint venture performing on a lasting basis all the functions of an autonomous economic entity, within the meaning of Article 3(4) of the Merger Regulation.










2.


The business activities of the undertakings concerned are:






—


DT is a provider of telecommunication services at both wholesale and retail level (fixed and mobile telephony, fixed broadband internet services) in more than 50 countries.










—


Orange is a provider of telecommunication services at both wholesale and retail level (fixed and mobile telephony, fixed broadband internet services) in more than 30 countries.










—


BuyIn is active in the provision of procurement-related services for certain products (network technology, digital home & platform, customer equipment, IT products and services) used by DT and Orange in their respective telecommunications businesses. As a result of the Transaction, BuyIn will also provide similar services to third parties.














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.8284 — Deutsche Telekom/Orange/BuyIn, 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’).
Commission Implementing Regulation (EU) 2017/333 of 14 February 2017 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle/Schwäbische Knöpfle (PGI)]
Date: 2017-02-14
Institutions: European Commission
Subjects: Baden-Württemberg, Bavaria, Germany, designation of origin, labelling, pasta, product designation








L_2017050EN.01001201.xml










28.2.2017   


EN


Official Journal of the European Union


L 50/12








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/333
of 14 February 2017
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle/Schwäbische Knöpfle (PGI)]


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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Germany's application for the approval of amendments to the specification for the protected geographical indication ‘Schwäbische Spätzle’/‘Schwäbische Knöpfle’, registered under Commission Implementing Regulation (EU) No 186/2012 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Schwäbische Spätzle’/‘Schwäbische Knöpfle’ (PGI) are hereby approved.


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, 14 February 2017.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






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

(2)  Commission Implementing Regulation (EU) No 186/2012 of 7 March 2012 entering a name in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle / Schwäbische Knöpfle (PGI)] (OJ L 69, 8.3.2012, p. 3).

(3)  
            OJ C 403, 1.11.2016, p. 20.
Case T-333/14: Order of the General Court of 14 February 2017 — Helbrecht v EUIPO — Lenci Calzature (SportEyes) (EU trade mark — Opposition proceedings — Cancellation of the earlier figurative mark serving as a basis for the contested decision — No need to adjudicate)
Date: 2017-02-14
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, leather, registered trade mark, trade-mark law








C_2017121EN.01002901.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/29





Order of the General Court of 14 February 2017 — Helbrecht v EUIPO — Lenci Calzature (SportEyes)
(Case T-333/14) (1)

((EU trade mark - Opposition proceedings - Cancellation of the earlier figurative mark serving as a basis for the contested decision - No need to adjudicate))
(2017/C 121/42)
Language of the case: English

Parties


Applicant: Andreas Helbrecht (Hilden, Germany) (represented by: C. König, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Lenci Calzature SpA (Turchetto-Montecarlo, Italy) (represented by: F. Celluprica and F. Fischetti, lawyers)

Re:

Action for annulment of the decision of the Fifth Board of Appeal of EUIPO of 27 February 2014 (Case R 830/2013-5), concerning opposition proceedings between Lenci Calzature and Mr Helbrecht.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Lenci Calzature SpA shall bear its own costs and pay those incurred by Mr Andreas Helbrecht. The European Union Intellectual Property Office (EUIPO) shall bear its own costs.






(1)  OJ C 235, 21.7.2014.
Case T-93/17: Action brought on 14 February 2017 — Duferco Long Products v Commission
Date: 2017-02-14
Institutions: General Court
Subjects: Belgium, State aid, Walloon region (Belgium), control of State aid, iron and steel industry, loan, reimbursement of aid, shareholding, subsidiary








C_2017121EN.01003802.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/38





Action brought on 14 February 2017 — Duferco Long Products v Commission
(Case T-93/17)
(2017/C 121/57)
Language of the case: French

Parties


Applicant: Duferco Long Products SA (Luxembourg, Luxembourg) (represented by: J.-F. Bellis, R. Luff and M. Favart, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare the present action admissible and well founded;










—


annul Article 1(f) and Article 2 of the Commission decision of 20 January 2016 on the State aid SA.33926 2013/C (ex 2013/NN, 2011/CP) implemented by Belgium in favour of Duferco;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging manifest errors of law and appraisal on the part of the Commission in the examination of the pari passu nature of the sixth measure declared incompatible with the common market. This plea is divided into two parts.






—


first part, according to which, contrary to the Commission’s assessment, the transaction at issue was indeed carried out pari passu;










—


second part, according to which the Commission’s assessment of the pari passu nature of the transaction is vitiated by serious errors of calculation and appraisal.














2.


Second plea in law, alleging manifest errors of law and appraisal on the part of the Commission in the examination of the private investor in a market economy test. This plea is divided into four parts:






—


first part, according to which, in confusing the applicability of the private investor in a market economy test with the application thereof, the Commission erred in law and incorrectly applied that test;










—


second part, according to which, in not carrying out a comparative analysis or using another assessment method in respect of the transaction at issue, the Commission infringed the principle of the private investor in a market economy as well as the obligation to state reasons and the obligation of due diligence in the appraisal of that test;










—


third part, according to which the Commission breached the obligation to state reasons and the obligation of due diligence in the assessment of the private investor in a market economy test;










—


fourth part, according to which the Walloon Region provided a large number of documents demonstrating that Foreign Strategic Investment Holding, a subsidiary of Société Wallonne de Gestion et de Participations, acted in the manner of a private investor in a market economy.
European Parliament legislative resolution of 14 February 2017 on the draft Council decision on the conclusion on behalf of the European Union of a Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto (07592/2016 — C8-0431/2016 — 2016/0077(NLE))
Date: 2017-02-14
Institutions: Committee on Budgets, Committee on Development, Committee on Fisheries, European Parliament
Subjects: Cook Islands, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, ratification of an agreement, sea fishing








C_2018252EN.01033901.xml










18.7.2018   


EN


Official Journal of the European Union


C 252/339





P8_TA(2017)0019
EU-Cook Islands sustainable fisheries partnership agreement ***
European Parliament legislative resolution of 14 February 2017 on the draft Council decision on the conclusion on behalf of the European Union of a Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto (07592/2016 — C8-0431/2016 — 2016/0077(NLE))
(Consent)
(2018/C 252/34)

The European Parliament,






—


having regard to the draft Council decision (07592/2016),










—


having regard to the draft Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto (07594/2016),










—


having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a)(v), and (7), of the Treaty on the Functioning of the European Union (C8-0431/2016),










—


having regard to its non-legislative resolution of 14 February 2017 (1) on the draft Council decision,










—


having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A8-0010/2017),












1.


Gives its consent to conclusion of the Agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Cook Islands.






(1)  Texts adopted, P8_TA(2017)0020.
Prior notification of a concentration (Case M.8221 — Blackstone/OfficeFirst) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-02-14
Institutions: European Commission
Subjects: economic concentration, merger control, property leasing








C_2017047EN.01001001.xml










14.2.2017   


EN


Official Journal of the European Union


C 47/10





Prior notification of a concentration
(Case M.8221 — Blackstone/OfficeFirst)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 47/10)






1.


On 7 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 undertaking The Blackstone Group, L.P. (‘Blackstone’, United States), indirectly via funds affiliated with and controlled by it, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking OfficeFirst Immobilien AG (‘OfficeFirst’, Germany), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Blackstone: a global asset manager with offices in Europe and Asia.
—   for OfficeFirst: owner of a commercial real estate portfolio in Germany. This commercial real estate portfolio comprises mainly office spaces. Some properties are related to other types of use such as hotels, parking spaces or storage.










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.8221 — Blackstone/OfficeFirst, 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.
Non-opposition to a notified concentration (Case M.8060 — Abbott Laboratories/St Jude Medical) (Text with EEA relevance. )
Date: 2017-02-14
Institutions: European Commission
Subjects: economic concentration, medical device, merger control, research and development








C_2017047EN.01000201.xml










14.2.2017   


EN


Official Journal of the European Union


C 47/2





Non-opposition to a notified concentration
(Case M.8060 — Abbott Laboratories/St Jude Medical)
(Text with EEA relevance)
(2017/C 47/03)
On 23 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) in conjunction with Article 6(2) 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 32016M8060. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
European Parliament legislative resolution of 14 February 2017 on the draft Council implementing decision on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures (12356/2016 — C8-0405/2016 — 2016/0262(NLE))
Date: 2017-02-14
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU control, drug addiction, drug traffic, health control, health risk, judicial cooperation in criminal matters in the EU, narcotic, toxic substance, toxicology








C_2018252EN.01034201.xml










18.7.2018   


EN


Official Journal of the European Union


C 252/342





P8_TA(2017)0024
Subjecting the new psychoactive substance methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures *
European Parliament legislative resolution of 14 February 2017 on the draft Council implementing decision on subjecting methyl 2-[[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-CHMICA) to control measures (12356/2016 — C8-0405/2016 — 2016/0262(NLE))
(Consultation)
(2018/C 252/36)

The European Parliament,






—


having regard to the Council draft (12356/2016),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0405/2016),










—


having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) thereof,










—


having regard to Rule 78c of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0024/2017),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 127, 20.5.2005, p. 32.