do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8364 — Onex/Parkdean) (Text with EEA relevance. )
Date: 2017-02-21
Institutions: European Commission
Subjects: economic concentration, hotel industry, leisure park, merger control








C_2017054EN.01000101.xml










21.2.2017   


EN


Official Journal of the European Union


C 54/1





Non-opposition to a notified concentration
(Case M.8364 — Onex/Parkdean)
(Text with EEA relevance)
(2017/C 54/01)
On 9 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 32017M8364. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.8358 — Macquarie/National Grid/Gas Distribution business of National Grid) (Text with EEA relevance. )
Date: 2017-02-21
Institutions: European Commission
Subjects: economic concentration, gas industry, merger control








C_2017054EN.01000701.xml










21.2.2017   


EN


Official Journal of the European Union


C 54/7





Prior notification of a concentration
(Case M.8358 — Macquarie/National Grid/Gas Distribution business of National Grid)
(Text with EEA relevance)
(2017/C 54/07)






1.


On 9 February 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which National Grid plc (‘National Grid’, United Kingdom) and Macquarie Infrastructure and Real Assets (Europe) Limited (United Kingdom), part of the Macquarie Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the gas distribution business of National Grid comprised of four distribution networks (‘Target’, United Kingdom) by way of acquisition of shares.










2.


The business activities of the undertakings concerned are:






—


Macquarie Group is a global provider of banking, financial, advisory, investment and funds management services. Macquarie Group controls companies which have the following activities in the gas sector in the United Kingdom: (i) Energetics, an independent gas transporter which is involved in the provision of gas connections; and (ii) Corona Energy, a company supplying gas and electricity primarily to commercial, industrial and public sector clients in the United Kingdom.










—


National Grid’s principal operations are the ownership and operation of regulated electricity and gas infrastructure in the United Kingdom.










—


Target comprises four out of the eight regulated gas distribution networks across parts of the UK that encompasses the East of England, North London, the North West of England and the West Midlands. The Target is currently solely controlled by National Grid.














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.8358 — Macquarie/National Grid/Gas Distribution business of National Grid, 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’).
Case C-90/17: Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 21 February 2017 — Turbogás — Produtora Energética, SA v Autoridade Tributária e Aduaneira
Date: 2017-02-21
Institutions: Court of Justice
Subjects: electrical energy, electricity supply, energy distribution, energy grid, energy production, tax exemption








C_2017144EN.01003101.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/31





Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 21 February 2017 — Turbogás — Produtora Energética, SA v Autoridade Tributária e Aduaneira
(Case C-90/17)
(2017/C 144/40)
Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings


Applicant: Turbogás — Produtora Energética, SA

Defendant: Autoridade Tributária e Aduaneira

Questions referred







1.


Pursuant to and for the purposes of the third paragraph of Article 21(5) of Directive 2003/96/EC, (1) must entities which produce electricity for their own use be small producers in order for them to be … regarded as distributors, and [thus] subject to tax in accordance with the first paragraph of Article 21(5) of that directive, so that other entities (those which are not small producers) which produce electricity for their own use are excluded from that classification as distributors, or must all entities which produce electricity for their own use (regardless of their respective size and of whether they do so as their main or secondary economic activity), and are not exempt as small producers under the second sentence of the third paragraph of Article 21(5) of that directive, be regarded as distributors, and [thus] subject to tax in accordance with the first paragraph of Article 21(5) of that directive?










2.


In particular, may an entity, such as the one at issue in these proceedings, which is a large electricity producer, producing around 9 % of the national energy for sale to the national grid, be regarded as ‘an entity producing electricity for its own use’, as referred to in Article 21(5) of Directive 2003/96/EC, when only a small part of the electricity which it produces is consumed in its own production of new electricity as an integral part of its production process?






(1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity — OJ 2003 L 283, p. 51.
Council Decision (EU) 2017/328 of 21 February 2017 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Bank of Greece
Date: 2017-02-21
Institutions: Council of the European Union
Subjects: European System of Central Banks, Greece, accountant, auditing, central bank, euro area




L_2017049EN.01003401.xml










25.2.2017   


EN


Official Journal of the European Union


L 49/34








            COUNCIL DECISION (EU) 2017/328
of 21 February 2017
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Bank of Greece


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,


Having regard to the Recommendation of the European Central Bank of 22 December 2016 to the Council of the European Union on the external auditors of the Bank of Greece (ECB/2016/46) (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Member States whose currency is the euro are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council.












(2)


The mandate of the current external auditors of the Bank of Greece will expire after the audit for the financial year 2016. It is therefore necessary to appoint external auditors as from the financial year 2017.












(3)


The Bank of Greece has selected Deloitte Certified Public Accountants S.A. as its external auditors for the financial years 2017 to 2021.












(4)


The Governing Council of the ECB has recommended that Deloitte Certified Public Accountants S.A. should be appointed as the external auditors of the Bank of Greece for the financial years 2017 to 2021.












(5)


Following the recommendation of the Governing Council of the ECB, Council Decision 1999/70/EC (2) should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 1 of Decision 1999/70/EC, paragraph 12 is replaced by the following:


‘12.   Deloitte Certified Public Accountants S.A. are hereby approved as the external auditors of the Bank of Greece for the financial years 2017 to 2021.’.




Article 2
This Decision shall take effect on the date of its notification.


Article 3
This Decision is addressed to the ECB.




Done at Brussels, 21 February 2017.


For the Council


The President

E. SCICLUNA
            





(1)  
            OJ C 3, 6.1.2017, p. 1.

(2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).
Council Recommendation of 21 February 2017 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2015
Date: 2017-02-21
Institutions: Council of the European Union
Subjects: ACP countries, European Development Fund, budgetary discharge








C_2017058EN.01000201.xml










23.2.2017   


EN


Official Journal of the European Union


C 58/2





COUNCIL RECOMMENDATION
of 21 February 2017
concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2015
(2017/C 58/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),
Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) (the ‘Internal Agreement’) setting up, amongst others, the ninth European Development Fund (ninth EDF), and in particular Article 32(3) thereof,
Having regard to the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (4), and in particular Articles 96 to 103 thereof,
Having examined the revenue and expenditure account and the balance sheet relating to the operations of the ninth EDF as at 31 December 2015 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) concerning the financial year 2015, together with the Commission’s replies (5) contained in that Annual Report,
Whereas:






(1)


Pursuant to Article 32(3) of the Internal Agreement, the discharge for the financial management of the ninth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.










(2)


The overall implementation by the Commission of the operations of the ninth EDF during the financial year 2015 has been satisfactory,




HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the ninth EDF for the financial year 2015.
 

Done at Brussels, 21 February 2017.


For the Council


The President

E. SCICLUNA




(1)  OJ L 317, 15.12.2000, p. 3.

(2)  OJ L 209, 11.8.2005, p. 27.

(3)  OJ L 317, 15.12.2000, p. 355.

(4)  OJ L 83, 1.4.2003, p. 1.

(5)  OJ C 375, 13.10.2016, p. 287.
Extension of the period of validity of the lists of suitable candidates
Date: 2017-02-21
Institutions: Council of the European Union
Subjects: Ireland, administrator, common security and defence policy, competition (EU), information profession, translation








CA2017054EN.01000101.xml










21.2.2017   


EN


Official Journal of the European Union


CA 54/1





Extension of the period of validity of the lists of suitable candidates
(2017/C 054 A/01)
 
By decision of the Secretary-General of the Council of the European Union, the validity of the shortlists of suitable candidates, drawn up following the open competitions listed below, is extended until 31 December 2019:







CONS/AD/430


(two profiles)



to establish a reserve recruitment list of senior administrators in the field of the European Security and Defence Policy (ESDP). The competition concerns two AD 9 profiles (profile 1: senior strategic planners for crisis management operations and missions; profile 2: senior capability development planners: military/civilian/space), the notice of which was published in 
Official Journal of the European Union C 178 A of 15 July 2008.





CONS-COMM/AD/433



to establish a reserve recruitment list of heads of unit (AD 12) in the field of translation having Irish as their main language, the notice of which was published in 
Official Journal of the European Union C 99 A of 30 April 2009.
Case T-109/17: Action brought on 21 February 2017 — FCA US v EUIPO — Busbridge (VIPER)
Date: 2017-02-21
Institutions: General Court
Subjects: EU trade mark, motor vehicle, registered trade mark, trade-mark law, vehicle parts








C_2017121EN.01004201.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/42





Action brought on 21 February 2017 — FCA US v EUIPO — Busbridge (VIPER)
(Case T-109/17)
(2017/C 121/62)
Language in which the application was lodged: English

Parties


Applicant: FCA US LLC (City of Auburn Hills, Michigan, United States) (represented by: C. Morcom, QC)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Robert Dennis Busbridge (Hookwood, United Kingdom)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘VIPER’ — EU trade mark No 3 871 101

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 1 December 2016 in Case R 554/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the decisions of the Cancellation Division and of the First Board of Appeal and that the application by Mr. Busbridge be remitted to the Cancellation Division for the appropriate action;










—


the Applicant also seeks an order for costs.





Pleas in law







—


The Board of appeal was wrong in concluding that Mr Busbridge had proved use in relation to the goods covered by the UK registration (namely ‘Sports cars’);










—


The evidence submitted by Mr Busbridge was wholly inadequate to prove use that was ‘genuine’ as required by Art. 57 (2) and (3) of Regulation no 207/2009.
Council Recommendation of 21 February 2017 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2015
Date: 2017-02-21
Institutions: Council of the European Union
Subjects: ACP countries, European Development Fund, budgetary discharge








C_2017058EN.01000101.xml










23.2.2017   


EN


Official Journal of the European Union


C 58/1





COUNCIL RECOMMENDATION
of 21 February 2017
concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2015
(2017/C 58/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the fourth ACP-EEC Convention, signed at Lomé on 15 December 1989 (1) and amended by the Agreement signed in Mauritius on 4 November 1995 (2),
Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3) (the ‘Internal Agreement’) setting up, amongst others, the eighth European Development Fund (eighth EDF), and in particular Article 33(3) thereof,
Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (4), and in particular Articles 66 to 74 thereof,
Having examined the revenue and expenditure account and the balance sheet relating to the operations of the eighth EDF as at 31 December 2015 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) concerning the financial year 2015, together with the Commission’s replies (5) contained in that Annual Report,
Whereas:






(1)


Pursuant to Article 33(3) of the Internal Agreement, the discharge for the financial management of the eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.










(2)


The overall implementation by the Commission of the operations of the eighth EDF during the financial year 2015 has been satisfactory,




HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the eighth EDF for the financial year 2015.
 

Done at Brussels, 21 February 2017.


For the Council


The President

E. SCICLUNA




(1)  OJ L 229, 17.8.1991, p. 3.

(2)  OJ L 156, 29.5.1998, p. 3.

(3)  OJ L 156, 29.5.1998, p. 108.

(4)  OJ L 191, 7.7.1998, p. 53.

(5)  OJ C 375, 13.10.2016, p. 287.
Prior notification of a concentration (Case M.8283 — General Electric Company/LM Wind Power Holding) (Text with EEA relevance. )
Date: 2017-02-21
Institutions: European Commission
Subjects: economic concentration, mechanical engineering, merger control, wind energy








C_2017054EN.01000601.xml










21.2.2017   


EN


Official Journal of the European Union


C 54/6





Prior notification of a concentration
(Case M.8283 — General Electric Company/LM Wind Power Holding)
(Text with EEA relevance)
(2017/C 54/06)






1.


On 13 February 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. The same concentration was already notified to the Commission on 11 January 2017, but the notification was subsequently withdrawn on 2 February 2017.










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’).