do-me/EUR-LEX huggingface dataset:
Decision No 46/2016 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 1 March 2017 related to the listing of conformity assessment bodies under the sectoral annex for telecommunication equipment [2017/466]
Date: 2017-03-01
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, market access, mutual recognition principle, telecommunications equipment








L_2017072EN.01007401.xml










17.3.2017   


EN


Official Journal of the European Union


L 72/74








            DECISION No 46/2016 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 1 March 2017
         
related to the listing of conformity assessment bodies under the sectoral annex for telecommunication equipment [2017/466]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14,


Whereas the Joint Committee is to take a decision to list a conformity assessment body or bodies under a sectoral annex,

HAS DECIDED AS FOLLOWS:








1.


The conformity assessment body in Attachment A is added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the sectoral annex for telecommunication equipment.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the conformity assessment body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington DC, on 13 February 2017
            



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 1 March 2017
            







Attachment A

EC conformity assessment body added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the sectoral annex for telecommunication equipment











AT4 wireless S.A.U.




Parque Tecnológico de Andalucía




C/Severo Ochoa 2 y 6




29590 Málaga




SPAIN
Case T-76/16: Order of the General Court of 1 March 2017 — Ikos v EUIPO (AEGYPTISCHE ERDE) (European Union trade mark — Application for EU word mark AEGYPTISCHE ERDE — Absolute ground for refusal — Descriptive character — Rejection of the application — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly unfounded in law)
Date: 2017-03-01
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2017202EN.01001802.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/18





Order of the General Court of 1 March 2017 — Ikos v EUIPO (AEGYPTISCHE ERDE)
(Case T-76/16) (1)

((European Union trade mark - Application for EU word mark AEGYPTISCHE ERDE - Absolute ground for refusal - Descriptive character - Rejection of the application - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action in part manifestly inadmissible and in part manifestly unfounded in law))
(2017/C 202/32)
Language of the case: German

Parties


Applicant: Ikos GmbH (Lörrach, Germany) (represented by: A. Masberg, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 December 2015 (Case R 1257/2015-1) concerning an application for registration of word sign AEGYPTISCHE ERDE as an EU trade mark.

Operative part of the order







1.


The action is dismissed.










2.


Ikos GmbH shall pay the costs.






(1)  OJ C 118, 4.4.2016.
Non-opposition to a notified concentration (Case M.8318 — Samsung Electronics/Harman International Industries) (Text with EEA relevance. )
Date: 2017-03-01
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control








C_2017065EN.01000101.xml










1.3.2017   


EN


Official Journal of the European Union


C 65/1





Non-opposition to a notified concentration
(Case M.8318 — Samsung Electronics/Harman International Industries)
(Text with EEA relevance)
(2017/C 65/01)
On 23 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 32017M8318. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-275/15: Judgment of the Court (Fourth Chamber) of 1 March 2017 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Four Television Corporation, 4 Ventures Limited, Channel 5 Broadcasting Limited, ITV Studios Limited v TVCatchup Limited, TVCatchup (UK) Limited, Media Resources Limited (Reference for a preliminary ruling — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Article 9 — Access to cable of broadcasting services — Concept of ‘cable’ — Retransmission of broadcasts of commercial television broadcasters by a third party via the internet — ‘Live streaming’)
Date: 2017-03-01
Institutions: Court of Justice
Subjects: cable distribution, copyright, electric cable, telecommunications equipment








C_2017121EN.01000301.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/3





Judgment of the Court (Fourth Chamber) of 1 March 2017 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Four Television Corporation, 4 Ventures Limited, Channel 5 Broadcasting Limited, ITV Studios Limited v TVCatchup Limited, TVCatchup (UK) Limited, Media Resources Limited
(Case C-275/15) (1)

((Reference for a preliminary ruling - Directive 2001/29/EC - Harmonisation of certain aspects of copyright and related rights in the information society - Article 9 - Access to cable of broadcasting services - Concept of ‘cable’ - Retransmission of broadcasts of commercial television broadcasters by a third party via the internet - ‘Live streaming’))
(2017/C 121/03)
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Appellants: ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Four Television Corporation, 4 Ventures Limited, Channel 5 Broadcasting Limited, ITV Studios Limited

Respondents: TVCatchup Limited, TVCatchup (UK) Limited, Media Resources Limited

Interveners: The Secretary of State for Business, Innovation and Skills, Virgin Media Limited

Operative part of the judgment

Article 9 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, and specifically the concept of ‘access to cable of broadcasting services’, must be interpreted as not covering, and not permitting, national legislation which provides that copyright is not infringed in the case of the immediate retransmission by cable, including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on television channels subject to public service obligations.


(1)  OJ C 279, 24.8.2015.
Prior notification of a concentration (Case M.8383 — AMC/Nordic Cinema Group) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-03-01
Institutions: European Commission
Subjects: audiovisual industry, economic concentration, film industry, merger control








C_2017065EN.01000601.xml










1.3.2017   


EN


Official Journal of the European Union


C 65/6





Prior notification of a concentration
(Case M.8383 — AMC/Nordic Cinema Group)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 65/05)






1.


On 22 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 AMC Entertainment Holdings, Inc. (‘AMC’, United States), belonging to the Dalian Wanda Group (China), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Nordic Cinema Group Holding AB (‘NCG’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for AMC: provision of cinema exhibition services in the United States and parts of Europe; the Dalian Wanda Group is engaged in three principal business activities — commercial properties, culture and finance and also provides cinema exhibition services in Australia and in China, and film production and distribution services in China,
—   for NCG: operation of cinemas in Sweden, Finland, Norway, Estonia, Latvia and Lithuania and provision of film distribution and cinema screen advertising.










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.8383 — AMC/Nordic Cinema Group, 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.
Decision No 45/2016 of the Joint Committee established under the Agreement on mutual recognition between the European Community and the United States of America of 1 March 2017 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/465]
Date: 2017-03-01
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle








L_2017072EN.01007201.xml










17.3.2017   


EN


Official Journal of the European Union


L 72/72








            DECISION No 45/2016 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 1 March 2017
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/465]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America, and in particular Articles 7 and 14;


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington DC, on 13 February 2017
            



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 1 March 2017
            







Attachment A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











PRIMA RICERCA & SVILUPPO S.r.l.




via Campagna, 92




I-22020 Faloppio (Como)




ITALY
Judgment of the Court of 1 March 2017 in Case E-10/16 — EFTA Surveillance Authority v Iceland (Failure by an EFTA State to fulfil its obligations — Failure to implement — Directive 2014/68/EU on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment)
Date: 2017-03-01
Institutions: EFTA Court
Subjects: EC conformity marking, EFTA, Iceland, infringement procedure (EU), market access, national implementing measure, pressure equipment, product quality, product safety, technical standard








C_2017198EN.01000601.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/6





JUDGMENT OF THE COURT
of 1 March 2017
in Case E-10/16
EFTA Surveillance Authority v Iceland

(Failure by an EFTA State to fulfil its obligations — Failure to implement — Directive 2014/68/EU on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment)

(2017/C 198/06)
In Case E-10/16, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that Iceland has failed to fulfil its obligations under the Act referred to at point 6a and at point 6e of Chapter VIII of Annex II to the Agreement on the European Economic Area (Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment) as adapted to the Agreement by way of Protocol 1 thereto, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement Article 13 of the Act within the time prescribed or, in any event, by failing to inform the EFTA Surveillance Authority thereof, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 1 March 2017, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under the Act referred to at point 6a and at point 6e of Chapter VIII of Annex II to the Agreement on the European Economic Area (Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment) as adapted to the Agreement under its Protocol 1, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement Article 13 of the Act within the time prescribed.










2.


Orders Iceland to bear the costs of the proceedings.
Case T-472/15 P: Judgment of the General Court of 1 March 2017 — EEAS v Gross (Appeal — Civil service — Officials — Promotion — 2013 promotion exercise — Non-inclusion on the list of promoted officials — No error of law)
Date: 2017-03-01
Institutions: General Court
Subjects: European official, promotion, staff regulations (EU)








C_2017121EN.01002601.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/26





Judgment of the General Court of 1 March 2017 — EEAS v Gross
(Case T-472/15 P) (1)

((Appeal - Civil service - Officials - Promotion - 2013 promotion exercise - Non-inclusion on the list of promoted officials - No error of law))
(2017/C 121/37)
Language of the case: French

Parties


Appellant: European External Action Service (EEAS) (represented by: initially, S. Marquardt and M. Silva, and subsequently S. Marquardt, acting as Agents, and M. Troncoso Ferrer, S. Moya Izquierdo and F.-M. Hislaire, lawyers)

Other party to the proceedings: Philipp Oliver Gross (represented by: J.-N. Louis and N. de Montigny, lawyers)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 3 June 2015, Gross v EEAS (F-78/14, EU:F:2015:52), seeking to have that judgment set aside.

Operative part of the judgment

The General Court:






1.


Dismisses the appeal;










2.


Orders the European External Action Service (EEAS) to bear its own costs and to pay those incurred by Mr Philipp Oliver Gross in the present proceedings.






(1)  OJ C 346, 19.10.2015.
Case T-454/13: Judgment of the General Court of 1 March 2017 — SNCM v Commission (State aid — Maritime cabotage — Aid implemented by France in favor of the Société Nationale Maritime Corse Méditerranée (SNCM) and the Compagnie Méridionale de Navigation — Service of general economic interest — Compensation for an additional service to the service of Basis to cover peak periods during the tourist season — Decision declaring aid to be incompatible with the internal market — Concept of State aid — Advantage — Altmark judgment — Determination of the amount of aid)
Date: 2017-03-01
Institutions: General Court
Subjects: Corsica, France, Provence-Alpes-Côte d'Azur, State aid, carriage of passengers, control of State aid, maritime transport, services of general interest








C_2017121EN.01002101.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/21





Judgment of the General Court of 1 March 2017 — SNCM v Commission
(Case T-454/13) (1)

((State aid - Maritime cabotage - Aid implemented by France in favor of the Société Nationale Maritime Corse Méditerranée (SNCM) and the Compagnie Méridionale de Navigation - Service of general economic interest - Compensation for an additional service to the service of Basis to cover peak periods during the tourist season - Decision declaring aid to be incompatible with the internal market - Concept of State aid - Advantage - Altmark judgment - Determination of the amount of aid))
(2017/C 121/30)
Language of the case: French

Parties


Applicant: Société nationale maritime Corse Méditerranée (SNCM) (Marseille, France) (represented by: initially by A. Winckler, F.-C. Laprévote, J.-P. Mignard and S. Mabile, and subsequently by A. Winckler and F.-C. Laprévote, and finally by F.-C. Laprévote and C. Froitzheim, avocats)

Defendant: Commission (represented by: M. Afonso and M. B. Stromsky, acting as Agents)

Intervener in support of the defendant: Corsica Ferries France SAS (Bastia — France), (represented by: S. Rodrigues and C. Bernard-Glanz, avocats)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the Commission Decision 2013/435/EU of 2 May 2013 on State aid SA.22843 (2012/C) (ex 2012/NN) awarded by France to Société Nationale Corse-Méditerranée and the Compagnie Méridionale de Navigation (OJ 2013 L 220, p. 20).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Société nationale maritime Corse Méditerranée (SNCM) to bear its own costs and to pay those incurred by the European Commission and by Corsica Ferries France SAS.






(1)  OJ C 325, 9.11.2013.
Commission Implementing Regulation (EU) 2017/383 of 1 March 2017 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Prosciutto Veneto Berico-Euganeo (PDO))
Date: 2017-03-01
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Italy, Veneto, designation of origin, fresh meat, labelling, pigmeat, product designation








L_2017059EN.01000101.xml










7.3.2017   


EN


Official Journal of the European Union


L 59/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/383
of 1 March 2017
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Prosciutto Veneto Berico-Euganeo (PDO))


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 Italy's application for the approval of amendments to the specification for the protected designation of origin ‘Prosciutto Veneto Berico-Euganeo’, registered under Commission Regulation (EC) No 1107/96 (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 ‘Prosciutto Veneto Berico-Euganeo’ (PDO) 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, 1 March 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 Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

(3)  
            OJ C 418, 12.11.2016, p. 5.