do-me/EUR-LEX huggingface dataset:
Joined Cases C-680/15 and C-681/15: Judgment of the Court (Third Chamber) of 27 April 2017 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Asklepios Kliniken Langen-Seligenstadt GmbH v Ivan Felja (C 680/15), Asklepios Dienstleistungsgesellschaft mbH v Vittoria Graf (C 681/15) (References for a preliminary ruling — Transfer of undertakings — Safeguarding of employees’ rights — Directive 2001/23/EC — Article 3 — Contract of employment — Legislation of a Member State authorising the incorporation of clauses referring to collective labour agreements after the date of the transfer — Effects with regard to the transferee)
Date: 2017-04-27
Institutions: Court of Justice
Subjects: collective agreement, labour law, right of establishment, transfer of businesses, work contract, working conditions








C_2017202EN.01000601.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/6





Judgment of the Court (Third Chamber) of 27 April 2017 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Asklepios Kliniken Langen-Seligenstadt GmbH v Ivan Felja (C 680/15), Asklepios Dienstleistungsgesellschaft mbH v Vittoria Graf (C 681/15)
(Joined Cases C-680/15 and C-681/15) (1)

((References for a preliminary ruling - Transfer of undertakings - Safeguarding of employees’ rights - Directive 2001/23/EC - Article 3 - Contract of employment - Legislation of a Member State authorising the incorporation of clauses referring to collective labour agreements after the date of the transfer - Effects with regard to the transferee))
(2017/C 202/08)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicants: Asklepios Kliniken Langen-Seligenstadt GmbH (C-680/15), Asklepios Dienstleistungsgesellschaft mbH (C-681/15)

Defendants: Ivan Felja (C 680/15), Vittoria Graf (C-681/15)

Operative part of the judgment

Article 3 of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses and Article 16 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, in the case of a transfer of a business, the continued observance of the rights and obligations of the transferor arising from a contract of employment, extends to the clause which the transferor and the worker agreed pursuant to the principle of freedom of contract, pursuant to which their employment relationship is governed not only by the collective agreement in force on the date of the transfer, but also by agreements subsequent to the transfer and which supplement it, amend it or replace it, if the national law provides for the possibility for the transferee to make adjustments both consensually and unilaterally.


(1)  OJ C 118, 4.4.2016.
Opinion of the Advisory Committee on Mergers given at its meeting of 27 April 2017 regarding a draft decision relating to Case M.8228 — Facebook/WhatsApp (Art. 14(1) proc.) — Rapporteur: France
Date: 2017-04-27
Institutions: Advisory Committee on Concentrations
Subjects: Internet site, disclosure of information, economic concentration, merger control, mobile phone, sanction (EU), software








C_2017286EN.01000301.xml










30.8.2017   


EN


Official Journal of the European Union


C 286/3





Opinion of the Advisory Committee on Mergers given at its meeting of 27 April 2017 regarding a draft decision relating to Case M.8228 — Facebook/WhatsApp (Art. 14(1) proc.)
Rapporteur: France
(2017/C 286/03)






1.


The Advisory Committee agrees with the Commission that Facebook supplied, at least negligently, incorrect or misleading information in the Form CO in case M.7217 — Facebook/WhatsApp in violation of Article 14(1)(a) of the Merger Regulation (1) and Article 4(1) of the Implementing Regulation (2).










2.


The Advisory Committee agrees with the Commission that Facebook supplied, at least negligently, incorrect or misleading information in the Reply of 23 September 2014, provided in response to the request for information of 18 September 2014 pursuant to Article 11(2) of the Merger Regulation in case M.7217 — Facebook/WhatsApp in violation of Article 14(1)(b) of the Merger Regulation.










3.


The Advisory Committee agrees with the Commission that fines should be imposed on Facebook pursuant to Article 14(1)(a) and Article 14(1)(b) of the Merger Regulation.






(1)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the ‘Merger Regulation’) (OJ L 24, 29.1.2004, p. 1).

(2)  Commission Regulation (EC) No 802/2004 of 21 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Implementing Regulation’) (OJ L 133, 30.4.2004, p. 1), as amended by Commission Regulation (EC) No 1033/2008 (OJ L 279, 22.10.2008, p. 1) and by Commission Implementing Regulation (EU) No 1269/2013 of 5 December 2013 (OJ L 336, 14.12.2013, p. 1).
Euro exchange rates
Date: 2017-04-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2017133EN.01000101.xml










27.4.2017   


EN


Official Journal of the European Union


C 133/1





Euro exchange rates (1)

26 April 2017
(2017/C 133/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0893 




JPY


Japanese yen


121,35 




DKK


Danish krone


7,4395 




GBP


Pound sterling


0,84903 




SEK


Swedish krona


9,5605 




CHF


Swiss franc


1,0835 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3485 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,947 




HUF


Hungarian forint


311,93 




PLN


Polish zloty


4,2241 




RON


Romanian leu


4,5338 




TRY


Turkish lira


3,8991 




AUD


Australian dollar


1,4559 




CAD


Canadian dollar


1,4792 




HKD


Hong Kong dollar


8,4757 




NZD


New Zealand dollar


1,5806 




SGD


Singapore dollar


1,5206 




KRW


South Korean won


1 231,89 




ZAR


South African rand


14,4178 




CNY


Chinese yuan renminbi


7,5061 




HRK


Croatian kuna


7,4725 




IDR


Indonesian rupiah


14 482,59 




MYR


Malaysian ringgit


4,7357 




PHP


Philippine peso


54,278 




RUB


Russian rouble


61,7554 




THB


Thai baht


37,548 




BRL


Brazilian real


3,4521 




MXN


Mexican peso


20,6261 




INR


Indian rupee


69,8490 






(1)  Source: reference exchange rate published by the ECB.
Case C-221/17: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 27 April 2017 — M.G. Tjebbes and Others v Minister van Buitenlandse Zaken
Date: 2017-04-27
Institutions: Court of Justice
Subjects: European citizenship, family relationship, foreign national, free movement of workers, nationality, principle of proportionality, residence, young person








C_2017239EN.01002601.xml










24.7.2017   


EN


Official Journal of the European Union


C 239/26





Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 27 April 2017 — M.G. Tjebbes and Others v Minister van Buitenlandse Zaken
(Case C-221/17)
(2017/C 239/32)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Appellants: M.G. Tjebbes, G.J.M. Koopman, E. Saleh Abady, L. Duboux

Defendant: Minister van Buitenlandse Zaken

Questions referred

Must Articles 20 and 21 of the Treaty on the Functioning of the European Union, in the light of, inter alia, Article 7 of the Charter of Fundamental Rights of the European Union, be interpreted — in view of the absence of an individual assessment, based on the principle of proportionality, with regard to the consequences of the loss of nationality for the situation of the person concerned from the point of view of EU law — as precluding legislation such as that in issue in the main proceedings, which provides:






(a)


that an adult, who is also a national of a third country, loses, by operation of law, the nationality of his or her Member State, and consequently loses citizenship of the Union, on the ground that, for an uninterrupted period of 10 years, that person had his or her principal residence abroad and outside the European Union, although there are possibilities for interrupting that 10-year period;










(b)


that under certain circumstances a minor loses, by operation of law, the nationality of his or her Member State, and consequently loses citizenship of the Union, as a consequence of the loss of the nationality of his or her parent, as referred to under (a) above?
Adoption of Commission Decision on the notification by the Kingdom of Spain of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions
Date: 2017-04-27
Institutions: Directorate-General for Environment, European Commission
Subjects: Spain, action programme, air quality, environmental policy, industrial pollution, prevention of pollution, reduction of gas emissions, waste incineration








C_2017134EN.01000201.xml










28.4.2017   


EN


Official Journal of the European Union


C 134/2





Adoption of Commission Decision on the notification by the Kingdom of Spain of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions
(2017/C 134/02)
On 27 April 2017, the Commission adopted Commission Decision C(2017) 2614 on the notification by the Kingdom of Spain of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (1).
This document is available on the following internet site: https://circabc.europa.eu/w/browse/36205e98-8e7a-47d7-808d-931bc5baf6ee


(1)  OJ L 334, 17.12.2010, p. 17.
Prior notification of a concentration (Case M.8297 — GE/Baker Hughes) (Text with EEA relevance. )
Date: 2017-04-27
Institutions: European Commission
Subjects: economic concentration, gas industry, merger control, oil industry, provision of services, technology








C_2017133EN.01000701.xml










27.4.2017   


EN


Official Journal of the European Union


C 133/7





Prior notification of a concentration
(Case M.8297 — GE/Baker Hughes)
(Text with EEA relevance)
(2017/C 133/07)






1.


On 20 April 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) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Baker Hughes Incorporated (‘BHI’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for GE: broad and diversified range of activities, including GE’s oil and gas manufacturing and technology solutions spanning across subsea & drilling, rotating equipment, imaging and sensing;
—   for BHI: provision of oilfield services on a global scale to oil and gas exploration and production companies with a focus on the drilling and evaluation of wells as well as on the completion and production of wells.










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.8297 — GE/Baker Hughes, 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-222/17 P: Appeal brought on 27 April 2017 by Plásticos Españoles, S.A. (ASPLA) and Armando Álvarez, S.A. against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 17 February 2017 in Case T-40/15, ASPLA and Armando Álvarez v European Union
Date: 2017-04-27
Institutions: Court of Justice
Subjects: damages, fine, interest, limitation of legal proceedings, right to justice, rights of the defence








C_2017213EN.01002201.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/22





Appeal brought on 27 April 2017 by Plásticos Españoles, S.A. (ASPLA) and Armando Álvarez, S.A. against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 17 February 2017 in Case T-40/15, ASPLA and Armando Álvarez v European Union
(Case C-222/17 P)
(2017/C 213/29)
Language of the case: Spanish

Parties


Appellants: Plásticos Españoles, S.A. (ASPLA) and Armando Álvarez, S.A. (represented by: S. Moya Izquierdo and M. Troncoso Ferrer, lawyers)

Other party to the proceedings: European Union

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of General Court of the European Union of 17 February 2017 in Case T-40/15 and order the European Union to pay the appellants EUR 3 495 038,66, together with the corresponding compensatory and late-payment interest, by way of compensation due as a result of the General Court’s infringement of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union.





Pleas in law and main arguments







1.


Failure to state adequate reasons and error of law in calculating the appropriate length of time between the end of the written part of the procedure and the opening of the oral part of the procedure.










2.


Error of law as regards the assessment of the interest on the fine as damage.










3.


Error of law in the application of the principle that a court is prohibited from adjudicating ultra petita.










4.


Infringement of the appellants’ rights of defence in relation to the evaluation of the material damage suffered.










5.


Error of law in that the judgment under appeal contains a manifest contradiction in relation to the period in respect of which compensation had to be paid.
Decision (EU) 2017/1618 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section V — Court of Auditors
Date: 2017-04-27
Institutions: European Parliament
Subjects: European Court of Auditors, budgetary discharge, financial year, general budget (EU)








L_2017252EN.01012001.xml










29.9.2017   


EN


Official Journal of the European Union


L 252/120








            DECISION (EU) 2017/1618 OF THE EUROPEAN PARLIAMENT
         
of 27 April 2017
         
on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section V — Court of Auditors


THE EUROPEAN PARLIAMENT,






—


having regard to the general budget of the European Union for the financial year 2015 (1),










—


having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0273/2016) (2),










—


having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2015, together with the institutions' replies (3),










—


having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,










—


having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,










—


having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,










—


having regard to Rule 94 of and Annex IV to its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0151/2017),






1.   

Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2015;



2.   

Sets out its observations in the resolution below;



3.   

Instructs its President to forward this decision and the resolution forming an integral part of it to the Court of Auditors, the European Council, the Council, the Commission, the Court of Justice of the European Union, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).






The President

Antonio TAJANI
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ L 69, 13.3.2015.

(2)  
            OJ C 380, 14.10.2016, p. 1.

(3)  
            OJ C 375, 13.10.2016, p. 1.

(4)  
            OJ C 380, 14.10.2016, p. 147.

(5)  
            OJ L 298, 26.10.2012, p. 1.
Case T-375/15: Judgment of the General Court of 27 April 2017 — Germanwings v Commission (State aid — Aid for an airline using Zweibrücken airport — Benefit — Whether imputable to the State — Obligation to state reasons — Legitimate expectations — Access to documents — Documents relating to a procedure for reviewing State aid — Refusal to grant access to the documents requested — Exception relating to the protection of the purpose of inspections, investigations and audits)
Date: 2017-04-27
Institutions: General Court
Subjects: Rhineland-Palatinate, State aid, access to EU information, airport, control of State aid, credit guarantee, financial aid, low cost airline, reimbursement of aid








C_2017195EN.01001901.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/19





Judgment of the General Court of 27 April 2017 — Germanwings v Commission
(Case T-375/15) (1)

((State aid - Aid for an airline using Zweibrücken airport - Benefit - Whether imputable to the State - Obligation to state reasons - Legitimate expectations - Access to documents - Documents relating to a procedure for reviewing State aid - Refusal to grant access to the documents requested - Exception relating to the protection of the purpose of inspections, investigations and audits))
(2017/C 195/25)
Language of the case: German

Parties


Applicant: Germanwings GmbH (Cologne, Germany) (represented by: A. Martin-Ehlers, lawyer)

Defendant: European Commission (represented by: A. Buchet, T. Maxian Rusche, R. Sauer and K. Herrman, then by A. Buchet, T. Rusche, K. Herrman and S. Noë, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking, first, partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68), and, second, annulment of Commission Decision GESTDEM 2015/1288 of 11 May 2015 refusing partial access to the administrative file in respect of State Aid procedure SA.27339.

Operative part of the judgment

The Court:






1.


Annuls Article 1(2), in so far as it concerns the first agreement concluded between Flughafen Zweibrücken GmbH and Germanwings GmbH, and Article 3(4)(e) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68);










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to bear its own costs and to pay three quarters of those incurred by Germanwings;










4.


Orders Germanwings to bear one quarter of its own costs.






(1)  OJ C 337, 12.10.2015.
European Parliament legislative resolution of 27 April 2017 on the draft Council decision on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (05925/2017 — C8-0102/2017 — 2016/0021(NLE))
Date: 2017-04-27
Institutions: Committee on Industry, Research and Energy, Committee on International Trade, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: environmental protection, international convention, mercury, metal pollution, prevention of pollution, public health, ratification of an agreement








C_2018298EN.01032201.xml










23.8.2018   


EN


Official Journal of the European Union


C 298/322






P8_TA(2017)0134
Minamata Convention on Mercury ***
European Parliament legislative resolution of 27 April 2017 on the draft Council decision on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (05925/2017 — C8-0102/2017 — 2016/0021(NLE))
(Consent)
(2018/C 298/46)

The European Parliament,






—


having regard to the draft Council decision (05925/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0102/2017),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A8-0067/2017),












1.


Gives its consent to conclusion of the Minamata Convention on Mercury;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, and to the United Nations.