do-me/EUR-LEX huggingface dataset:
Council Implementing Regulation (EU) 2017/965 of 8 June 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and amending Implementing Regulation (EU) 2017/150
Date: 2017-06-08
Institutions: Council of the European Union
Subjects: economic sanctions, international sanctions, legal person, terrorism








L_2017146EN.01000601.xml










9.6.2017   


EN


Official Journal of the European Union


L 146/6








            COUNCIL IMPLEMENTING REGULATION (EU) 2017/965
of 8 June 2017
         
implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and amending Implementing Regulation (EU) 2017/150


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 January 2017, the Council adopted Implementing Regulation (EU) 2017/150 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).












(2)


The Council has determined that there are no longer grounds for keeping one of those entities on the list.












(3)


The list should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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 Luxembourg, 8 June 2017.


For the Council


The President

U. REINSALU
            





(1)  
            OJ L 344, 28.12.2001, p. 70.

(2)  Council Implementing Regulation (EU) 2017/150 of 27 January 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2016/1127 (OJ L 23, 28.1.2017, p. 3).




ANNEX
The entity listed below is deleted from the list provided for in Article 2(3) of Regulation (EC) No 2580/2001:
II.   GROUPS AND ENTITIES








11.


‘Hofstadgroep’.
Case T-294/16: Judgment of the General Court of 8 June 2017 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MOUNT) (EU trade mark — Revocation proceedings — EU figurative mark GOLD MOUNT — No genuine use of the trade mark — No proper reasons for non-use — Article 51(1)(a) of Regulation (EC) No 207/2009)
Date: 2017-06-08
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tobacco, trade-mark law








C_2017239EN.01004602.xml










24.7.2017   


EN


Official Journal of the European Union


C 239/46





Judgment of the General Court of 8 June 2017 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MOUNT)
(Case T-294/16) (1)

((EU trade mark - Revocation proceedings - EU figurative mark GOLD MOUNT - No genuine use of the trade mark - No proper reasons for non-use - Article 51(1)(a) of Regulation (EC) No 207/2009))
(2017/C 239/58)
Language of the case: English

Parties


Applicant: Kaane American International Tobacco Company FZE, formerly Kaane American International Tobacco Co. Ltd. (Jebel Ali, United Arab Emirates) (represented by: G. Hinarejos Mulliez and I. Valdelomar, lawyers)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Global Tobacco FZCO (Dubai, United Arab Emirates) (represented by: G. Hussey, Solicitor, and B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 April 2016 (Case R 1857/2015-4) relating to revocation proceedings between Global Tobacco and Kaane American International Tobacco.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kaane American International Tobacco Company FZE to pay the costs.






(1)  OJ C 279, 1.8.2016.
Case C-541/15: Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Amtsgericht Wuppertal — Germany) — proceedings brought by Mircea Florian Freitag (Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Individual having the nationality of both the Member State in which he resides and the Member State in which he was born — Change of surname in the Member State of birth not carried out during a period of habitual residence — Name corresponding to birth name — Application for the entry of that name in the civil register of the Member State of residence — Rejection of that application — Reason — Name not acquired during a period of habitual residence — Existence of other procedures in national law to have that name recognised)
Date: 2017-06-08
Institutions: Court of Justice
Subjects: EU Member State, civil status, national, residence, surname








C_2017249EN.01000501.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/5






Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Amtsgericht Wuppertal — Germany) — proceedings brought by Mircea Florian Freitag
(Case C-541/15) (1)

((Reference for a preliminary ruling - Citizenship of the Union - Article 21 TFEU - Freedom to move and reside in the Member States - Individual having the nationality of both the Member State in which he resides and the Member State in which he was born - Change of surname in the Member State of birth not carried out during a period of habitual residence - Name corresponding to birth name - Application for the entry of that name in the civil register of the Member State of residence - Rejection of that application - Reason - Name not acquired during a period of habitual residence - Existence of other procedures in national law to have that name recognised))
(2017/C 249/06)
Language of the case: German

Referring court

Amtsgericht Wuppertal

Parties to the main proceedings

Mircea Florian Freitag

Operative part of the judgment

Article 21 TFEU must be interpreted as precluding the registry office of a Member State from refusing to recognise and enter in the civil register the name legally acquired by a national of that Member State in another Member State, of which he is also a national, and which is the same as his birth name, on the basis of a provision of national law which makes the possibility of having such an entry made, by declaration to the registry office, subject to the condition that that name must have been acquired during a period of habitual residence in that other Member State, unless there are other provisions of national law which effectively allow the recognition of that name.


(1)  
            OJ C 48, 8.2.2016.
Corrigendum to Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (OJ L 343, 8.12.2006)
Date: 2017-06-08
Institutions: Council of the European Union
Subjects: Mauritania, cooperation agreement (EU), economic development, fishery management, fishing agreement, fishing area, fishing rights, ratification of an agreement








L_2017145EN.01002602.xml










8.6.2017   


EN


Official Journal of the European Union


L 145/26







Corrigendum to Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania

(
Official Journal of the European Union L 343 of 8 December 2006
)


On page 3, in Article 4, footnote 2:
for:







‘(2)


Plus the sum of the contributions to be paid by shipowners as provided for in Chapter III of Annex I, paid directly to Mauritania into the account provided for in Chapter IV of Annex I, which is estimated at EUR 22 million per year.’,





read:







‘(2)


The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.’.
Explanatory notes to the Combined Nomenclature of the European Union
Date: 2017-06-08
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, egg product








C_2017180EN.01003401.xml










8.6.2017   


EN


Official Journal of the European Union


C 180/34





Explanatory notes to the Combined Nomenclature of the European Union
(2017/C 180/05)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the explanatory notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 40, in the explanatory note to CN subheading ‘0408 99 80 Other’, the following text is added:


‘This subheading includes products consisting of pasteurised liquid whole birds’ eggs (at least 99 % by weight) containing small amounts of added water and citric acid which prevents decolourisation. Such products have the organoleptic properties identical to that of a fresh bird’s egg.’



(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.
Case C-625/15 P: Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC (Appeal — Community plant variety rights — Application for a Community plant variety right — Apple variety ‘Gala Schnitzer’ — Technical examination — Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) — Regulation (EC) No 1239/95 — Article 23(1) — Powers of the President of the CPVO — Addition of a distinctive characteristic on completion of the technical examination — Stability of the characteristic during two growing cycles)
Date: 2017-06-08
Institutions: Court of Justice
Subjects: equal treatment, pip fruit, plant breeding, plant variety right, principle of legal certainty








C_2017249EN.01000701.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/7






Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC
(Case C-625/15 P) (1)

((Appeal - Community plant variety rights - Application for a Community plant variety right - Apple variety ‘Gala Schnitzer’ - Technical examination - Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) - Regulation (EC) No 1239/95 - Article 23(1) - Powers of the President of the CPVO - Addition of a distinctive characteristic on completion of the technical examination - Stability of the characteristic during two growing cycles))
(2017/C 249/09)
Language of the case: English

Parties


Appellant: Schniga GmbH (represented by: R. Kunze and G. Würtenberger, Rechtsanwälte)

Other parties to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and F. Mattina, acting as Agents), Brookfield New Zealand Ltd, Elaris SNC (represented by: M. Eller, avvocato)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 10 September 2015, Schniga v CPVO — Brookfield New Zealand and Elaris (Gala Schnitzer) (T-91/14 and T-92/14, not published, EU:T:2015:624);










2.


Annuls the decisions of the Board of Appeal of the Community Plant Variety Office (CPVO) of 20 September 2013 relating to the grant of a Community plant variety right for the Gala Schnitzer apple variety (Cases A 003/2007 and A 004/2007);










3.


Orders the Community Plant Variety Office to bear its own costs and to pay those incurred by Schniga GmbH;










4.


Orders Brookfield New Zealand Ltd and Elaris SNC to bear their own costs.






(1)  
            OJ C 27, 25.1.2016.
Prior notification of a concentration (Case M.8473 — INEOS/DONG E&amp;P) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-08
Institutions: European Commission
Subjects: chemical industry, economic concentration, gas industry, merger control, oil industry, petrochemicals








C_2017180EN.01004001.xml










8.6.2017   


EN


Official Journal of the European Union


C 180/40





Prior notification of a concentration
(Case M.8473 — INEOS/DONG E&P)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 180/11)






1.


On 24 May 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which INEOS Industries Holdings Limited, ultimately a wholly-owned subsidiary of INEOS Limited (‘INEOS’, United Kingdom), acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over DONG E&P A/S (‘DONG E&P’, Denmark), currently controlled by DONG Energy A/S.










2.


The business activities of the undertakings concerned are:






—


INEOS is a global manufacturer of petrochemicals, speciality chemicals and oil products, with limited activities in the upstream oil and gas sector,










—


DONG E&P and its subsidiaries are engaged in the exploration and production of hydrocarbons.














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 the 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.8473 — INEOS/DONG E&P:





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.
Prior notification of a concentration (Case M.8506 — Macquarie Group/Cargill Petroleum business assets) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-08
Institutions: European Commission
Subjects: banking, consultancy, economic concentration, financial services, investment, merchant, merger control, petroleum product, provision of services








C_2017180EN.01003901.xml










8.6.2017   


EN


Official Journal of the European Union


C 180/39





Prior notification of a concentration
(Case M.8506 — Macquarie Group/Cargill Petroleum business assets)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 180/10)






1.


On 19 May 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 Macquarie Holdings (U.S.A.) Inc. (‘Macquarie’, the USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the petroleum trading and marketing business of the Cargill Group (‘Target’) by way of purchase of assets.










2.


The business activities of the undertakings concerned are:
—   for Macquarie: global provider of banking, financial, advisory, investment and funds management services,
—   for the Target: global trader of multiple petroleum products.










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 the 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.8506 — Macquarie Group/Cargill Petroleum business assets, 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.
Council Decision (CFSP) 2017/974 of 8 June 2017 amending Decision 2010/413/CFSP concerning restrictive measures against Iran
Date: 2017-06-08
Institutions: Council of the European Union
Subjects: Iran, arms control, economic sanctions, international sanctions, nuclear non-proliferation, technology transfer, trade restriction




L_2017146EN.01014301.xml










9.6.2017   


EN


Official Journal of the European Union


L 146/143








            COUNCIL DECISION (CFSP) 2017/974
of 8 June 2017
         
amending Decision 2010/413/CFSP concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1).












(2)


Decision 2010/413/CFSP provides for, inter alia, an authorisation regime for reviewing and deciding on nuclear-related transfers to, or activities with, Iran not covered by United Nations Security Council Resolution (UNSCR) 2231 (2015), in full consistency with the Joint Comprehensive Plan of Action (JCPOA).












(3)


The Council considers that the conditions under the authorisation regime should be amended in order to achieve a consistent application of controls throughout the Union.












(4)


Further action by the Union is needed in order to implement measures provided for in this Decision.












(5)


Decision 2010/413/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/413/CFSP is amended as follows:






(1)


in Article 26c, paragraph 7 is replaced by the following:

‘7.   The procurement by nationals of Member States, or using their flagged vessels or aircraft, of the items, materials, equipment, goods and technology referred to in paragraph 1 from Iran shall be subject to notification to the Joint Commission, whether or not originating in the territory of Iran.’;











(2)


Article 26d is amended as follows:






(a)


paragraph 3 is replaced by the following:

‘3.   Member States engaging in the activities referred to in paragraphs 1 and 2 shall ensure that they have obtained information on the end-use and end-use location of any supplied item.’;











(b)


in paragraph 5, point (f) is replaced by the following:






‘(f)


they have obtained information on the end-use and end-use location of any supplied item.’.














Article 2
This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.




Done at Luxembourg, 8 June 2017.


For the Council


The President

U. REINSALU
            





(1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).
Case C-296/16 P: Judgment of the Court (Eighth Chamber) of 8 June 2017 — Dextro Energy GmbH & Co. KG v European Commission (Appeal — Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA))
Date: 2017-06-08
Institutions: Court of Justice
Subjects: abuse of power, consumer information, equal treatment, food inspection, foodstuff, health control, judicial review, labelling, principle of proportionality, scientific research








C_2017249EN.01001002.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/10






Judgment of the Court (Eighth Chamber) of 8 June 2017 — Dextro Energy GmbH & Co. KG v European Commission
(Case C-296/16 P) (1)

((Appeal - Consumer protection - Regulation (EC) No 1924/2006 - Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health - Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA)))
(2017/C 249/14)
Language of the case: German

Parties


Appellant: Dextro Energy GmbH & Co. KG (represented by: M. Hagenmeyer and T. Teufer, lawyers)

Other party to the proceedings: European Commission (represented by: S Grünheid and K. Herbout-Borczak, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Dextro Energy GmbH & Co. KG to pay the costs.






(1)  
            OJ C 287, 8.8.2016.
Case T-378/17: Action brought on 8 June 2017 — La Zaragozana v EUIPO — Heineken Italia (CERVISIA)
Date: 2017-06-08
Institutions: General Court
Subjects: EU trade mark, beer, registered trade mark, trade-mark law








C_2017256EN.01003901.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/39





Action brought on 8 June 2017 — La Zaragozana v EUIPO — Heineken Italia (CERVISIA)
(Case T-378/17)
(2017/C 256/44)
Language in which the application was lodged: English

Parties


Applicant: La Zaragozana, SA (Zaragoza, Spain) (represented by: L. Broschat García, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Heineken Italia SpA (Pollein, Italy)

Details of the proceedings before EUIPO


Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark containing the word element ‘CERVISIA’ — Application for registration No 13 395 397

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 13 March 2017 in Case R 1241/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision.





Plea in law







—


Infringement of article 8 (1)(b) of Regulation No 207/2009.