do-me/EUR-LEX huggingface dataset:
Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2017-04-12
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, international sanctions, natural person








C_2017117EN.01000401.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/4





Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
(2017/C 117/05)
The following information is brought to the attention of Mr Hassan Nouri (No 5), Mr Adib Mayaleh (No 53) and Mr Najm Hamad Al Ahmad (No 170), persons appearing in Annex I to Council Decision 2013/255/CFSP (1) and in Annex II to Council Regulation (EU) No 36/2012 (2) concerning restrictive measures in view of the situation in Syria.
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




E-mail: sanctions@consilium.europa.eu






(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 16, 19.1.2012, p. 1.
Non-opposition to a notified concentration (Case M.8438 — Bollore Energy/TOTAL Marketing France/DRPC) (Text with EEA relevance. )
Date: 2017-04-12
Institutions: European Commission
Subjects: economic concentration, merger control, storage of hydrocarbons








C_2017117EN.01000101.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/1





Non-opposition to a notified concentration
(Case M.8438 — Bollore Energy/TOTAL Marketing France/DRPC)
(Text with EEA relevance)
(2017/C 117/01)
On 6 April 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 French 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 32017M8438. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-186/17: Request for a preliminary ruling from the Landgericht Berlin (Germany) lodged on 12 April 2017 — flightright GmbH v Iberia Express SA
Date: 2017-04-12
Institutions: Court of Justice
Subjects: airline, carriage of passengers, carrier, consumer protection, indemnification, traveller








C_2017221EN.01000801.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/8





Request for a preliminary ruling from the Landgericht Berlin (Germany) lodged on 12 April 2017 — flightright GmbH v Iberia Express SA
(Case C-186/17)
(2017/C 221/10)
Language of the case: German

Referring court

Landgericht Berlin

Parties to the main proceedings


Applicant: flightright GmbH

Defendant: Iberia Express SA

Question referred

Can a right to compensation under Article 7 of Regulation (EC) No 261/2004 (1) also exist in the case where a passenger does not catch a directly connecting flight as a result of a relatively minor delay in arrival, with the result that there is a delay in arrival at the final destination of three hours or more, but the two flights were operated by different air carriers and the booking was made through a tour operator who carried out the booking of the entire flight journey via another air carrier?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Non-opposition to a notified concentration (Case M.8420 — Megatrends European Holdings/Allianz/Kamppi Shopping Centre) (Text with EEA relevance. )
Date: 2017-04-12
Institutions: European Commission
Subjects: business lease, economic concentration, financial services, holding company, insurance company, investment company, merger control








C_2017117EN.01000102.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/1





Non-opposition to a notified concentration
(Case M.8420 — Megatrends European Holdings/Allianz/Kamppi Shopping Centre)
(Text with EEA relevance)
(2017/C 117/02)
On 3 April 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 32017M8420. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
Date: 2017-04-12
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions, natural person, personal data








C_2017117EN.01000301.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/3





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
(2017/C 117/04)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) No 359/2011 (2).
The controller of this processing operation is the Council of the European Union represented by the Director General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C — Horizontal Issues Unit




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 359/2011.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 100, 14.4.2011, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.
Prior notification of a concentration (Case M.8387 — AXA/Caisse des dépôts et consignations/Cible (II)) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-04-12
Institutions: European Commission
Subjects: business lease, economic concentration, insurance company, investment company, merger control








C_2017117EN.01002501.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/25





Prior notification of a concentration
(Case M.8387 — AXA/Caisse des dépôts et consignations/Cible (II))
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 117/13)






1.


On 6 April 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 AXA SA (‘AXA’, France) and Caisse des dépôts et consignations (‘CDC’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint indirect control of two joint property lots in France (‘Cible II’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for AXA: a global insurance group active in life and health insurance, other forms of insurance, and investment management,
—   for CDC: a public institution carrying out activities of general interest, consisting in particular of the management of private funds to which the public authorities wish to afford particular protection and activities open to competition in the environmental, real-estate, investment and capital investment, and services sectors,
—   Cible (II): two lots of joint property for commercial use within a shopping centre situated in the Provence-Alpes-Côte d’Azur region.










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 the Notice.










4.


The Commission invites interested third parties to submit to it their observations on the proposed operation.
Observations must reach the Commission no later than 10 days following the date of publication of this notification. 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.8387 — AXA/Caisse des dépôts et consignations/Cible (II), 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 T-218/17: Action brought on 12 April 2017 — HF v Parliament
Date: 2017-04-12
Institutions: General Court
Subjects: European official, indemnification, legal aid, right to justice, rights of the defence, staff regulations (EU)








C_2017178EN.01003001.xml










6.6.2017   


EN


Official Journal of the European Union


C 178/30





Action brought on 12 April 2017 — HF v Parliament
(Case T-218/17)
(2017/C 178/44)
Language of the case: French

Parties


Applicant: HF (represented by: A. Tymen, lawyer)

Defendant: European Parliament

Form of order sought







—


Declare the present action admissible and well-founded;
In consequence,










—


Annul the decision of 3 June 2016 rejecting the applicant’s request for assistance of 11 December 2014;










—


Insofar as necessary, annul the decision of 4 January 2017, received on 11 January 2017, rejecting the applicant’s claim of 6 September 2016;










—


Order the defendant to pay damages set ex aequo et bono at EUR 90 000 in compensation of the non-pecuniary harm suffered by the applicant;










—


Order the defendant to pay all the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of the rights of the defence, infringement of Article 41 of the Charter of Fundamental Rights of the European Union, infringement of the right to be heard and infringement of the principle of an adversarial process.










2.


Second plea in law, alleging procedural errors such as to vitiate the contested decision and partiality in the procedure followed by the Committee.










3.


Third plea in law, alleging a manifest error of assessment, [infringement] of the obligation to provide assistance and the duty of care and infringement of Articles 12a and 24 of the Staff Regulations.
Case C-190/17: Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain) lodged on 12 April 2017 — Lu Zheng v Ministerio de Economía y Competitividad
Date: 2017-04-12
Institutions: Court of Justice
Subjects: administrative sanction, customs formalities, customs inspection, free movement of capital








C_2017221EN.01000802.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/8





Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain) lodged on 12 April 2017 — Lu Zheng v Ministerio de Economía y Competitividad
(Case C-190/17)
(2017/C 221/11)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Parties to the main proceedings


Applicant: Lu Zheng

Defendant: Ministerio de Economía y Competitividad

Questions referred







1.


Must Article 9(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the European Union (1) be interpreted as precluding national legislation, such as that at issue in the main proceedings, which in order to penalise failure to comply with the obligation to declare under Article 3 of that regulation permits a fine to be imposed of up to double the value of the means of payment used?










2.


Must Article 9(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the European Union be interpreted as precluding national legislation, such as that at issue in the main proceedings, which lays down as aggravating circumstances in the case of failure to comply with the obligation to declare, lack of proof of the lawful origin of the means of payment and inconsistency between the activity carried on by the person concerned [and the amount of the movement]?










3.


In the event that the two preceding questions are answered in the affirmative, must Article 9(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the European Union be interpreted as meaning that the imposition of a financial penalty which, independently of the amount of the movement, can be up to 25 % of the undeclared cash satisfies the requirement of proportionality?






(1)  OJ 2005 L 309, p. 9.
Euro exchange rates
Date: 2017-04-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2017117EN.01000501.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/5





Euro exchange rates (1)

11 April 2017
(2017/C 117/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0616 




JPY


Japanese yen


117,36 




DKK


Danish krone


7,4372 




GBP


Pound sterling


0,85330 




SEK


Swedish krona


9,5915 




CHF


Swiss franc


1,0696 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1245 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,658 




HUF


Hungarian forint


311,40 




PLN


Polish zloty


4,2414 




RON


Romanian leu


4,5104 




TRY


Turkish lira


3,9392 




AUD


Australian dollar


1,4137 




CAD


Canadian dollar


1,4139 




HKD


Hong Kong dollar


8,2499 




NZD


New Zealand dollar


1,5285 




SGD


Singapore dollar


1,4904 




KRW


South Korean won


1 214,50 




ZAR


South African rand


14,6891 




CNY


Chinese yuan renminbi


7,3256 




HRK


Croatian kuna


7,4240 




IDR


Indonesian rupiah


14 099,64 




MYR


Malaysian ringgit


4,7066 




PHP


Philippine peso


52,631 




RUB


Russian rouble


60,4528 




THB


Thai baht


36,726 




BRL


Brazilian real


3,3241 




MXN


Mexican peso


19,8434 




INR


Indian rupee


68,4550 






(1)  Source: reference exchange rate published by the ECB.
Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP, as amended by Council Decision (CFSP) 2017/689 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2017/685 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
Date: 2017-04-12
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions, natural person








C_2017117EN.01000201.xml










12.4.2017   


EN


Official Journal of the European Union


C 117/2





Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP, as amended by Council Decision (CFSP) 2017/689 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2017/685 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
(2017/C 117/03)
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/235/CFSP (1), as amended by Council Decision (CFSP) 2017/689 (2), and in Annex I to Council Regulation (EU) No 359/2011 (3), as implemented by Council Implementing Regulation (EU) 2017/685 (4) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran.
The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should continue be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/235/CFSP and in Regulation (EU) No 359/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 359/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council before 15 February 2018, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:





Council of the European Union




DG C 1C — Horizontal Issues Unit




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 100, 14.4.2011, p. 51.

(2)  OJ L 99, 12.4.2017, p. 21.

(3)  OJ L 100, 14.4.2011, p. 1.

(4)  OJ L 99, 12.4.2017, p. 10.
Case T-220/17: Action brought on 12 April 2017 — Pfalzmarkt für Obst und Gemüse v EUIPO (100 % Pfalz)
Date: 2017-04-12
Institutions: General Court
Subjects: EU trade mark, fresh fruit, fresh vegetable, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2017178EN.01003102.xml










6.6.2017   


EN


Official Journal of the European Union


C 178/31





Action brought on 12 April 2017 — Pfalzmarkt für Obst und Gemüse v EUIPO (100 % Pfalz)
(Case T-220/17)
(2017/C 178/46)
Language of the case: German

Parties


Applicant: Pfalzmarkt für Obst und Gemüse eG (Mutterstadt, Germany) (represented by: C. Gehweiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: European Union figurative mark containing the word elements ‘100 % Pfalz’ — Application for registration No 15 085 475

Contested decision: Decision of the First Board of Appeal of EUIPO of 7 February 2017 in Case R 1549/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) of Regulation No 207/2009;










—


Infringement of Article 7(1)(c) of Regulation No 207/2009;










—


Infringement of Article 75(1) of Regulation No 207/2009.
Case T-219/17: Action brought on 12 April 2017 — M J Quinlan & Associates v EUIPO — Intersnack Group (Shape of a kangaroo)
Date: 2017-04-12
Institutions: General Court
Subjects: EU trade mark, prepared foodstuff, registered trade mark, salted product, trade-mark law








C_2017178EN.01003101.xml










6.6.2017   


EN


Official Journal of the European Union


C 178/31





Action brought on 12 April 2017 — M J Quinlan & Associates v EUIPO — Intersnack Group (Shape of a kangaroo)
(Case T-219/17)
(2017/C 178/45)
Language in which the application was lodged: German

Parties


Applicant: M J Quinlan & Associates Pty Ltd (Hope Island, Queensland, Australia) (represented by: M. Freiherr von Welser and A. Bender, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Intersnack Group GmbH & Co. KG (Düsseldorf, Germany)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU tridimensional mark (Shape of a kangaroo) — European Union trade mark No 13 342

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 January 2017 in Case R 218/2016-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs;










—


conduct an oral hearing, in order to ensure the parties’ right to a full hearing.





Pleas in law







—


Infringement of Article 51(1)(a) of Regulation No 207/2009;










—


Infringement of Article 51(1)(a) in conjunction with Article 15(2) of Regulation No 207/2009;










—


Infringement of Article 51(1)(a) in conjunction with Article 15(1)(2)(b) of Regulation No 207/2009.