do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8397 — Partners Group/Cerba Healthcare) (Text with EEA relevance. )
Date: 2017-04-07
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, research body








C_2017109EN.01000101.xml










7.4.2017   


EN


Official Journal of the European Union


C 109/1





Non-opposition to a notified concentration
(Case M.8397 — Partners Group/Cerba Healthcare)
(Text with EEA relevance)
(2017/C 109/01)
On 30 March 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 32017M8397. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-215/17: Action brought on 7 April 2017 — Pear Technologies v EUIPO — Apple (PEAR)
Date: 2017-04-07
Institutions: General Court
Subjects: EU trade mark, computer equipment, consultancy, registered trade mark, software, trade-mark law








C_2017168EN.01003302.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/33





Action brought on 7 April 2017 — Pear Technologies v EUIPO — Apple (PEAR)
(Case T-215/17)
(2017/C 168/44)
Language in which the application was lodged: English

Parties


Applicant: Pear Technologies Ltd (Macau, China) (represented by: J. Coldham, Solicitor and E. Himsworth, QC)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Apple Inc. (Cupertino, California, United States)

Details of the proceedings before EUIPO


Applicant: Applicant

Trade mark at issue: EU figurative mark containing the word element ‘PEAR’ — Application for registration No 13 115 076

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 in Case R 860/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision; and/or










—


remit the matter for further consideration by the Board of Appeal;










—


order EUIPO to pay the costs of the proceedings, including the costs incurred by the Applicant before the Board of Appeal;










—


order the other party to the proceedings before the Board of Appeal, should it intervene, to pay the costs of the proceedings, including the costs incurred by the Applicant before the Board of Appeal.





Plea in law







—


Infringement of Article 8(5) of Regulation No 207/2009.
Case T-216/17: Action brought on 7 April 2017 — Mabrouk v Council
Date: 2017-04-07
Institutions: General Court
Subjects: Tunisia, economic sanctions, international sanctions, natural person, ownership, principle of proportionality, right to justice, right to work, trade restriction








C_2017195EN.01003401.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/34





Action brought on 7 April 2017 — Mabrouk v Council
(Case T-216/17)
(2017/C 195/47)
Language of the case: English

Parties


Applicant: Mohamed Marouen Ben Ali Ben Mohamed Mabrouk (Tunis, Tunisia) (represented by: J-R. Farthouat, N. Boulay, lawyers, and S. Crosby, Solicitor)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2017/153 of 27 January 2017 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2017 L 23, p. 19) insofar as it applies to the applicant; and










—


order the defendant to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the freeze of the applicant’s assets infringes the reasonable time rule of Articles 6 and 47 of the ECHR and the EU fundamental Rights charter respectively.










2.


Second plea in law, alleging that there is an insufficient basis for the freeze:






—


Contrary to the evidence presented by the applicant, the Council considers the applicant’s assets to be illegitimate, but fails to state reasons.










—


In holding the applicant’s assets to be illegitimate the Council makes an error of factual assessment, in so far as it has made any assessment;










—


The freeze is devoid of purpose, because it is designed to assist Tunisia to recover misappropriated assets. However, none of the applicant’s assets were misappropriated.














3.


Third plea in law, alleging that, by freezing his assets after the fall of President Ben Ali, the freeze infringes the applicant’s right to work.










4.


Fourth plea in law, alleging that the freeze is in any event disproportionate and infringes the applicant’s property rights.
Prior notification of a concentration (Case M.8465 — Vivendi/Telecom Italia) (Text with EEA relevance. )
Date: 2017-04-07
Institutions: European Commission
Subjects: audiovisual industry, broadcasting, economic concentration, merger control, telecommunications industry








C_2017109EN.01000601.xml










7.4.2017   


EN


Official Journal of the European Union


C 109/6





Prior notification of a concentration
(Case M.8465 — Vivendi/Telecom Italia)
(Text with EEA relevance)
(2017/C 109/06)






1.


On 31 March 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vivendi SA (‘Vivendi’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Telecom Italia SpA (‘Telecom Italia’, Italy).










2.


The business activities of the undertakings concerned are:
—   for Vivendi: active in music, TV, cinema, video sharing and video games businesses,
—   for Telecom Italia: provision of (i) voice and data services through mobile and fixed technologies; (ii) digital content services; and (iii) IT services to enterprises in Italy.










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.8465 — Vivendi/Telecom Italia, 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’).
Euro exchange rates
Date: 2017-04-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2017109EN.01000401.xml










7.4.2017   


EN


Official Journal of the European Union


C 109/4





Euro exchange rates (1)

6 April 2017
(2017/C 109/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0666 




JPY


Japanese yen


118,23 




DKK


Danish krone


7,4350 




GBP


Pound sterling


0,85590 




SEK


Swedish krona


9,5895 




CHF


Swiss franc


1,0702 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1688 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,736 




HUF


Hungarian forint


309,76 




PLN


Polish zloty


4,2271 




RON


Romanian leu


4,5236 




TRY


Turkish lira


3,9550 




AUD


Australian dollar


1,4103 




CAD


Canadian dollar


1,4322 




HKD


Hong Kong dollar


8,2869 




NZD


New Zealand dollar


1,5271 




SGD


Singapore dollar


1,4940 




KRW


South Korean won


1 206,44 




ZAR


South African rand


14,7229 




CNY


Chinese yuan renminbi


7,3577 




HRK


Croatian kuna


7,4600 




IDR


Indonesian rupiah


14 207,11 




MYR


Malaysian ringgit


4,7320 




PHP


Philippine peso


53,489 




RUB


Russian rouble


60,0558 




THB


Thai baht


36,904 




BRL


Brazilian real


3,3232 




MXN


Mexican peso


20,0393 




INR


Indian rupee


68,8150 






(1)  Source: reference exchange rate published by the ECB.
Case C-181/17: Action brought on 7 April 2017 — European Commission v Kingdom of Spain
Date: 2017-04-07
Institutions: Court of Justice
Subjects: access to a profession, carrier, infringement of EU law, public transport, right of establishment, road transport, transport licence








C_2017195EN.01001501.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/15





Action brought on 7 April 2017 — European Commission v Kingdom of Spain
(Case C-181/17)
(2017/C 195/20)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: J. Hottiaux and J. Rius, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The Commission claims that the Court should:






—


declare, in accordance with Article 258 of the Treaty on the Functioning of the European Union, that, by laying down a minimum number of vehicles for obtaining a public transport authorisation, the Kingdom of Spain has failed to fulfil its obligations under Articles 3 and 5(b) of Regulation (EC) No 1071/2009 concerning access to the occupation of road transport operator;










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The action brought by the European Commission against the Kingdom of Spain concerns the application of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC. (1)

The Commission takes the view that, by imposing the requirement, for the purpose of obtaining a public transport authorisation, that undertakings should have at least three vehicles, the Kingdom of Spain has failed to fulfil its obligations under Article 3(1) and (2) and Article 5(b) of that regulation.


(1)  OJ 2009 L 300, p. 51.
Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2016/849 and Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
Date: 2017-04-07
Institutions: Council of the European Union
Subjects: North Korea, economic sanctions, international sanctions, natural person








C_2017109EN.01000301.xml










7.4.2017   


EN


Official Journal of the European Union


C 109/3





Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2016/849 and Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
(2017/C 109/03)
The following information is brought to the attention of Mr CHON Chi Bu (No 1), Mr CHU Kyu-Chang (No 2), Mr HYON Chol-hae (No 3), Mr KIM Yong-chun (No 4), Mr O Kuk-Ryol (No 5), Mr PAEK Se-bong (No 6), Mr PAK Jae-gyong (No 7), Lieutenant General KIM Yong Chol (No 11), Mr PAK To-Chun (No 12), Mr CHOE Yong-ho (No 14), Mr JO Kyongchol (No 17), Mr KIM Chun-sop (No 19), Mr KIM Jong-bak (No 20), Mr KIM Rak Kyom (No 21), Mr KIM Won-hong (No 22), Mr YUN Jong-rin (No 26), Mr PAK Yong-sik (No 27), Mr HONG Yong Chil (No 28), persons appearing in Section I of Annex II to Council Decision (CFSP) 2016/849 (1) and in Annex V to Council Regulation (EC) No 329/2007 (2) concerning restrictive measures against the Democratic People’s Republic of Korea, as well as to the attention of Mr JON Il-chun (No 1), Mr KIM Tong-un (No 2), persons appearing Annex II to Decision (CFSP) 2016/849 and in Annex V to Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea.
The Council intends to maintain the restrictive measures against the abovementioned persons with amended statements of reasons. Those persons are hereby informed that they may submit a request to the Council to obtain the intended statement of reasons before 17 April 2017, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




email: sanctions@consilium.europa.eu






(1)  OJ L 141, 28.5.2016, p. 79.

(2)  OJ L 88, 29.3.2007, p. 1.
Special Report No 2/2017 — ‘The Commission’s negotiation of 2014-2020 Partnership Agreements and programmes in Cohesion: spending more targeted on Europe 2020 priorities, but increasingly complex arrangements to measure performance’
Date: 2017-04-07
Institutions: European Court of Auditors
Subjects: EU investment, European Investment Fund, allocation of resources, distribution of EU funding, economic and social cohesion, economic planning, financial control, fund (EU), investment policy, operational programme








C_2017109EN.01000501.xml










7.4.2017   


EN


Official Journal of the European Union


C 109/5





Special Report No 2/2017
‘The Commission’s negotiation of 2014-2020 Partnership Agreements and programmes in Cohesion: spending more targeted on Europe 2020 priorities, but increasingly complex arrangements to measure performance’
(2017/C 109/05)
The European Court of Auditors hereby informs you that Special Report No 2/2017 ‘The Commission’s negotiation of 2014-2020 Partnership Agreements and programmes in Cohesion: spending more targeted on Europe 2020 priorities, but increasingly complex arrangements to measure performance’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu