do-me/EUR-LEX huggingface dataset:
Case C-205/17: Action brought on 20 April 2017 — European Commission v Kingdom of Spain
Date: 2017-04-20
Institutions: Court of Justice
Subjects: infringement of EU law, pollution control measures, urban area, wastewater, water pollution, water treatment








C_2017195EN.01001601.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/16





Action brought on 20 April 2017 — European Commission v Kingdom of Spain
(Case C-205/17)
(2017/C 195/21)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: E. Manhaeve and E. Sanfrutos Cano, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The Commission claims that the Court should:






—


declare that, by not taking all of the measures necessary to ensure compliance with the judgment of 14 April 2011, Commission v Spain (C-343/10, ECLI:EU:C:2011:260), the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU;










—


order the Kingdom of Spain to pay to the Commission a penalty payment in the amount of EUR 171 217,20 for each day of delay in ensuring compliance with the judgment of 14 April 2011, Commission v Spain (C-343/10, ECLI:EU:C:2011:260), from the date of judgment in the present case until the date on which the judgment in Case C-343/10 is complied with;










—


order the Kingdom of Spain to pay to the Commission a lump sum payment of EUR 19 303,90 per day, from the date of delivery of the judgment of 14 April 2011, Commission v Spain (C-343/10, ECLI:EU:C:2011:260) until the date of the judgment in the present case or until the date of full compliance with the judgment in Case C-343/10, if the latter occurs earlier;










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Commission takes the view that the Kingdom of Spain has failed to take all of the measures necessary to ensure compliance with the judgment of the Court of Justice concerning the lack of collection systems for urban waste water in the agglomeration of Valle de Güimar, in accordance with Article 3 of Directive 91/271 (1), and the lack of urban waste water treatment for the agglomerations of Alhaurín el Grande, Barbate, Isla Cristina, Matalascañas, Tarifa, Valle de Güimar, Peníscola, Aguiño-Carreira-Ribeira, Estepona (San Pedro de Alcántara), Coín, Nerja, Gijón-Este, Noreste (Valle Guerra), Benicarló, Teulada-Moraira, Vigo and Santiago, in accordance with Article 4(1), 4(3) and, as applicable, 4(4) of Directive 91/271.


(1)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, OJ 1991 L 135, p. 40.
Non-opposition to a notified concentration (Case M.8413 — Engie/Omnes Capital/Prédica/Engie PV Besse/Engie PV Sanguinet) (Text with EEA relevance. )
Date: 2017-04-20
Institutions: European Commission
Subjects: economic concentration, energy industry, insurance company, investment company, merger control, power plant, renewable energy








C_2017123EN.01000101.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/1





Non-opposition to a notified concentration
(Case M.8413 — Engie/Omnes Capital/Prédica/Engie PV Besse/Engie PV Sanguinet)
(Text with EEA relevance)
(2017/C 123/01)
On 10 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 32017M8413. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-231/17: Action brought on 20 April 2017 — SE v Council
Date: 2017-04-20
Institutions: General Court
Subjects: European official, children's rights, dependant, family benefit, staff regulations (EU)








C_2017213EN.01003102.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/31





Action brought on 20 April 2017 — SE v Council
(Case T-231/17)
(2017/C 213/43)
Language of the case: French

Parties


Applicant: SE (represented by: N. de Montigny, lawyer)

Defendant: Council of the European Union

Form of order sought

Declare and annul,






—


the decision of the Individual Entitlements Unit of 22 June 2016 refusing acknowledgement, concerning his granddaughter, of his dependent child;










—


insofar as necessary, the express decision of 24 January 2017 rejecting the claim made on 19 September 2016;




in so doing,






—


declare that the applicant’s granddaughter is dependent upon him under the third subparagraph of Article 2(2) of Annex VII to the Staff Regulations with effect from 13 June 2016;










—


grant the applicant’s granddaughter the benefit of the Joint Sickness Insurance Scheme (JSIS) through the applicant with effect from 13 June 2016;










—


order the defendant to pay 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 an error of law and errors of assessment and interpretation of the third subparagraph of Article 2(2) of Annex VII to the Staff Regulations of Officials committed by the Council by adopting the contested decisions.










2.


Second plea in law, alleging infringement of the principle of sound administration.










3.


Third plea in law, alleging infringement of Article 24 of the Charter of Fundamental Rights.
Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products
Date: 2017-04-20
Institutions: European Commission
Subjects: CCT duties, agricultural product, common customs tariff, import (EU), industrial product, suspension of customs duties








C_2017123EN.01001001.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/10





Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products
(2017/C 123/11)
Economic operators are informed that the Commission has received requests in accordance with the administrative arrangements foreseen in the Commission communication concerning autonomous tariff suspensions and quotas (2011/C 363/02) (1) for the January round of 2018.
The list of the products for which a duty suspension is requested is now available on the Commission’s thematic (Europa) website on the customs union (2).
Economic operators are also informed that the deadline for objections against new requests to reach the Commission, via the national administrations, is 16 June 2017 which is the date of the second scheduled meeting of the Economic Tariff Questions Group.
Interested operators are advised to consult the list regularly in order to be informed on the status of the requests.
More information on the autonomous tariff suspension procedure can be found on the Europa website:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/suspensions/index_en.htm


(1)  OJ C 363, 13.12.2011, p. 6.

(2)  http://ec.europa.eu/taxation_customs/dds2/susp/susp_home.jsp?Lang=en
Euro exchange rates
Date: 2017-04-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2017123EN.01000201.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/2





Euro exchange rates (1)

19 April 2017
(2017/C 123/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0725 




JPY


Japanese yen


116,91 




DKK


Danish krone


7,4387 




GBP


Pound sterling


0,83430 




SEK


Swedish krona


9,6195 




CHF


Swiss franc


1,0690 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1528 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,794 




HUF


Hungarian forint


313,05 




PLN


Polish zloty


4,2358 




RON


Romanian leu


4,5341 




TRY


Turkish lira


3,9292 




AUD


Australian dollar


1,4255 




CAD


Canadian dollar


1,4415 




HKD


Hong Kong dollar


8,3397 




NZD


New Zealand dollar


1,5283 




SGD


Singapore dollar


1,4987 




KRW


South Korean won


1 222,42 




ZAR


South African rand


14,2610 




CNY


Chinese yuan renminbi


7,3852 




HRK


Croatian kuna


7,4468 




IDR


Indonesian rupiah


14 293,20 




MYR


Malaysian ringgit


4,7190 




PHP


Philippine peso


53,339 




RUB


Russian rouble


60,2656 




THB


Thai baht


36,883 




BRL


Brazilian real


3,3368 




MXN


Mexican peso


20,0190 




INR


Indian rupee


69,2430 






(1)  Source: reference exchange rate published by the ECB.
Call for proposals under the multiannual work programme for granting financial aid in the field of the trans-European energy infrastructure under the Connecting Europe Facility for period 2014-2020 (Commission Decision (C(2017) 2109))
Date: 2017-04-20
Institutions: European Commission
Subjects: EU programme, economic support, energy grid, financial aid, invitation to tender, trans-European network, transport infrastructure, transport network








C_2017123EN.01000501.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/5





Call for proposals under the multiannual work programme for granting financial aid in the field of the trans-European energy infrastructure under the Connecting Europe Facility for period 2014-2020
(Commission Decision (C(2017) 2109))
(2017/C 123/06)
The European Commission, Directorate-General for Energy, is hereby launching a call for proposals in order to award grants in accordance with the priorities and objectives defined in the multiannual work programme in the field of the trans-European energy infrastructure under the Connecting Europe Facility for the period 2014-2020.
Proposals are invited for the following call:






 



CEF-Energy-2017











 


The indicative amount available for the selected proposals under this call for proposals is EUR 800 million.










 


The deadline for the submission of proposals is 12 October 2017.




The complete text of the call for proposals is available on the call webpage:
https://ec.europa.eu/inea/en/connecting-europe-facility/cef-energy/calls/2017-cef-energy-call-proposals
Commission Implementing Regulation (EU) 2017/714 of 20 April 2017 on the minimum selling price for skimmed milk powder for the eighth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2017-04-20
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2017105EN.01001401.xml










21.4.2017   


EN


Official Journal of the European Union


L 105/14








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/714
of 20 April 2017
         
on the minimum selling price for skimmed milk powder for the eighth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the eighth partial invitation to tender, a minimum selling price should not be fixed.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the eighth partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 18 April 2017, a minimum selling price has not been fixed.


Article 2
This Regulation shall enter into force on the day 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, 20 April 2017.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Non-opposition to a notified concentration (Case M.8430 — AÜW/Siemens/Egrid) (Text with EEA relevance. )
Date: 2017-04-20
Institutions: European Commission
Subjects: consultancy, distributive trades, economic concentration, energy industry, merger control








C_2017123EN.01000102.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/1





Non-opposition to a notified concentration
(Case M.8430 — AÜW/Siemens/Egrid)
(Text with EEA relevance)
(2017/C 123/02)
On 10 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 German language 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 32017M8430. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Winding-up proceedings — Decision to open winding-up proceedings in respect of ADRIA Way (Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
Date: 2017-04-20
Institutions: European Commission
Subjects: Czechia, central bank, insurance company, judicial proceedings, liquidation








C_2017123EN.01000301.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/3





Winding-up proceedings
Decision to open winding-up proceedings in respect of ADRIA Way
(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
(2017/C 123/04)






Insurance undertaking







ADRIA Way




Mírové náměstí 519/3d




Ostrava-Vítkovice




PSČ 703 00, IČ: 25830660




CZECH REPUBLIC








Date, entry into force and nature of the decision


On 25 January 2017, the Czech National Bank ordered that Mrs JUDr. Kateřina Martínková LL.M be appointed as claims adjuster of ADRIA Way.
Entry into force: 2 February 2017




Competent authorities


Czech National Bank




Supervisory authority


Czech National Bank




Liquidator appointed







JUDr. Kateřina Martínková LL.M.




Sokolská třída 966/22




702 00 Ostrava — Moravská Ostrava




CZECH REPUBLIC




E-mail: katerina.martinkova@akostrava.cz




Tel. +420 596116901








Applicable law


Czech Law
Case T-235/17: Action brought on 20 April 2017 — Dometic Sweden v EUIPO (MOBILE LIVING MADE EASY)
Date: 2017-04-20
Institutions: General Court
Subjects: EU trade mark, camping vehicle, housing, miscellaneous industries, registered trade mark, trade-mark law, vehicle parts, vessel








C_2017195EN.01003901.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/39





Action brought on 20 April 2017 — Dometic Sweden v EUIPO (MOBILE LIVING MADE EASY)
(Case T-235/17)
(2017/C 195/52)
Language of the case: English

Parties


Applicant: Dometic Sweden AB (Solna, Sweden) (represented by: R. Furneaux and E. Humphreys, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU word mark ‘MOBILE LIVING MADE EASY’ — Application for registration No 14 952 592

Contested decision: Decision of the Second Board of Appeal of EUIPO of 13 February 2017 in Case R 1832/2016-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision with respect to the goods and services applied for, for which the decision was upheld;










—


annul the EUIPO’s examination dated 10 August 2016 concerning the registrability of the application;










—


refer the case back to the EUIPO in order to amend its decision;










—


decide on the costs for the proceedings before the Board of Appeal and the General Court.





Plea in law







—


Infringement of Articles 75 and 7(1)(b) of Regulation No 207/2009.
Case T-233/17: Action brought on 20 April 2017 — Portugal v Commission
Date: 2017-04-20
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria, financial aid, peripheral region, regional aid, single payment scheme, supply








C_2017213EN.01003201.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/32





Action brought on 20 April 2017 — Portugal v Commission
(Case T-233/17)
(2017/C 213/44)
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, P. Estêvão and J. Saraiva de Almeida, acting as Agents)

Defendant: European Commission

Form of order sought







—


annul Commission implementing decision C(2017) 766 of 14 January 2017, excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), in so far it excludes from financing the expenditure declared by Portugal under the ‘POSEI — specific supply arrangements’ (EUR 1 288 044,79), and ‘direct payments pertaining to the 2010 marketing year’ (EUR 830 326,12);










—


order the European Commission to pay 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 provision in Article 11 of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (OJ 2006 L 171, p. 90), relating to the substantive requirements for formal communication laid down in that article.










2.


Second plea in law, alleging infringement of Article 8 of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009, L 30, p. 16).










3.


Third plea in law, alleging infringement of Article 23 of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (OJ 2006, L 42, p. 1).
Prior notification of a concentration (Case M.8388 — Ares/Baupost/Nova Eventis) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-04-20
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, shopping centre








C_2017123EN.01001201.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/12





Prior notification of a concentration
(Case M.8388 — Ares/Baupost/Nova Eventis)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 123/13)






1.


On 7 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 undertakings Galaxy Holding Sàrl, part of the Ares Management L.P. Group (‘Ares’, United States) and BPI 25 Sàrl, part of the Baupost Group L.L.C (‘Baupost’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Prejan Enterprises Limited, the company holding and operating the Nova Eventis shopping mall in Leipzig, Germany, by way of purchase of assets.










2.


The business activities of the undertakings concerned are:
—   for Ares: a publicly traded global alternative asset manager investing, inter alia, in real estate and holding residential, retail, office and industrial properties in Europe,
—   for Baupost: the Baupost group is an opportunistic, value-oriented, open mandate investment organization with a broad investment mandate that contemplates investing in a range of financial instruments, asset classes and geographic regions,
—   for Nova Eventis: shopping mall complex in Leipzig, Germany.










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.8388 — Ares/Baupost/Nova Eventis, 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.
Notice of open competition
Date: 2017-04-20
Institutions: European Personnel Selection Office
Subjects: EPSO, assistant, competition (EU), nursing staff








C_2017123EN.01000601.xml










20.4.2017   


EN


Official Journal of the European Union


C 123/6





NOTICE OF OPEN COMPETITION
(2017/C 123/07)
The European Personnel Selection Office (EPSO) is organising the following open competition:






 


EPSO/AST/140/17 — NURSES (AST 3)




The competition notice is published in 24 languages in 
Official Journal of the European Union C 123 A of 20 April 2017.
Further information can be found on the EPSO website: https://epso.europa.eu/