do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2017/972 of 8 June 2017 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2017/154
Date: 2017-06-08
Institutions: Council of the European Union
Subjects: economic sanctions, international sanctions, legal person, terrorism








L_2017146EN.01013901.xml










9.6.2017   


EN


Official Journal of the European Union


L 146/139








            COUNCIL DECISION (CFSP) 2017/972
of 8 June 2017
         
updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2017/154


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 from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).












(2)


On 27 January 2017, the Council adopted Decision (CFSP) 2017/154 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).












(3)


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












(4)


The list should therefore be updated accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The Annex to Decision (CFSP) 2017/154 is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the day 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 Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

(2)  Council Decision (CFSP) 2017/154 of 27 January 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2016/1136 (OJ L 23, 28.1.2017, p. 21).




ANNEX
The entity listed below is deleted from the list set out in the Annex to Decision (CFSP) 2017/154:
II.   GROUPS AND ENTITIES








11.


‘Hofstadgroep’.
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, milk protein








C_2017180EN.01003402.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 180/06)
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 169, after the explanatory note to CN subheading ‘3504 00 10 Concentrated milk proteins specified in additional note 1 to this chapter’, the following text is inserted:








‘3504 00 90




Other

This subheading includes plant-based products with a high protein content of more than 85 % by weight calculated on the dry matter. Products which are excluded are generally classified under headings 2106 or 2309.’







(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-342/17: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto (Italy) lodged on 8 June 2017 — Memoria Srl, Antonia Dall’Antonia v Comune di Padova
Date: 2017-06-08
Institutions: Court of Justice
Subjects: cemetery, death, economic activity, freedom to provide services, provision of services, right of establishment








C_2017309EN.01002602.xml










18.9.2017   


EN


Official Journal of the European Union


C 309/26





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto (Italy) lodged on 8 June 2017 — Memoria Srl, Antonia Dall’Antonia v Comune di Padova
(Case C-342/17)
(2017/C 309/33)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Veneto

Parties to the main proceedings


Applicants: Memoria Srl, Antonia Dall’Antonia

Defendant: Comune di Padova

Question referred

Must Articles 49 and 56 of the Treaty on the Functioning of the European Union be interpreted as precluding the application of the following provisions of Article 52 of the Regulation on funeral services of the Municipality of Padua?
‘The recipient shall not in any circumstances be permitted to request a third party to keep the funeral urn. This prohibition shall apply even if the deceased expressly stated during his lifetime that such was his wish (third subparagraph).
It is obligatory to keep the urn solely at the home of the recipient (fourth subparagraph) …
In no circumstances may funeral urns be kept for profit and economic activities relating to, even non-exclusively, the keeping of funeral urns, for whatever purpose and for whatever period, shall therefore not be permitted. This prohibition shall apply even if the deceased expressly stated during his lifetime that such was his wish (tenth subparagraph).’
Case C-110/16: Order of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lg Costruzioni Srl v Area — Azienda Regionale per l’edilizia abitativa (Reference for a preliminary ruling — Public works contract — Directive 2004/18/EC — Article 7 — Evaluation and determination of the technical capacities of the economic operators — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility)
Date: 2017-06-08
Institutions: Court of Justice
Subjects: equal treatment, freedom to provide services, outsourcing, public contract, restriction on competition, right of establishment








C_2017249EN.01001201.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/12






Order of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lg Costruzioni Srl v Area — Azienda Regionale per l’edilizia abitativa
(Case C-110/16) (1)

((Reference for a preliminary ruling - Public works contract - Directive 2004/18/EC - Article 7 - Evaluation and determination of the technical capacities of the economic operators - Article 53(2) of the Rules of Procedure of the Court - Manifest inadmissibility))
(2017/C 249/17)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Lg Costruzioni Srl

Defendant: Area — Azienda Regionale per l’Edilizia Abitativa

In the presence of: TE.SV.AM. Srl, Alvit Srl, Igit SpA, Planarch Srl, Francesco Auteri

Operative part of the order

The request for a preliminary ruling made by the Consiglio di Stato (Council of State, Italy), by decision of 19 January 2016, is manifestly inadmissible.


(1)  
            OJ C 175, 17.5.2016.
Case T-326/16: Judgment of the General Court of 8 June 2017 — Bundesverband Deutsche Tafel v EUIPO — Tiertafel Deutschland (Tafel) (EU trade mark — Invalidity proceedings — EU word mark Tafel — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Absolute ground for refusal — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 — Descriptive character — Article 65(6) of Regulation No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision)
Date: 2017-06-08
Institutions: General Court
Subjects: EU trade mark, aid to disadvantaged groups, basic needs, registered trade mark, social services, trade-mark law








C_2017249EN.01002702.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/27






Judgment of the General Court of 8 June 2017 — Bundesverband Deutsche Tafel v EUIPO — Tiertafel Deutschland (Tafel)
(Case T-326/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark Tafel - Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal - Absolute ground for refusal - Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 - Descriptive character - Article 65(6) of Regulation No 207/2009 - Decision taken following the annulment by the General Court of an earlier decision))
(2017/C 249/41)
Language of the case: German

Parties


Applicant: Bundesverband Deutsche Tafel eV (Berlin, Germany) (represented by: T. Koerl, E. Celenk and S. Vollmer, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Tiertafel Deutschland eV (Rathenow, Germany) (represented by: M. Nitschke, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 April 2016 (Case R 248/2016-4), relating to invalidity proceedings between Tiertafel Deutschland and Bundesverband Deutsche Tafel.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Bundesverband Deutsche Tafel eV to pay the costs.






(1)  
            OJ C 287, 8.8.2016.
Case T-691/16: Order of the General Court of 8 June 2017 — Elevolution — Engenharia v Commission (EDF — Support programme for development in Mauritania — Contract for services entered into with Mauritania in the context of the implementation of that programme — Withdrawal of contested debit notes — No need to adjudicate)
Date: 2017-06-08
Institutions: General Court
Subjects: Mauritania, commercial contract, competence of the institution, debt, powers of the institutions (EU), works contract








C_2017256EN.01002802.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/28





Order of the General Court of 8 June 2017 — Elevolution — Engenharia v Commission
(Case T-691/16) (1)

((EDF - Support programme for development in Mauritania - Contract for services entered into with Mauritania in the context of the implementation of that programme - Withdrawal of contested debit notes - No need to adjudicate))
(2017/C 256/34)
Language of the case: Portuguese

Parties


Applicant: Elevolution — Engenharia SA (Amadora, Portugal) (represented by: A. Pinto Cardoso and L. Fuzeta da Ponte, lawyers)

Defendant: European Commission (represented by: A. Aresu and M. França, Agents)

Subject matter

Application based on Article 263 TFEU and seeking the annulment of the ‘decisions’ allegedly contained in the Commission’s letter and the three debit notes of 26 July 2016 concerning the repayment of various amounts with regard to a contract for services between the applicant and the Islamic Republic of Mauritania.

Operative part of the order







1.


There is no longer any need to adjudicate in the present case.










2.


The European Commission shall bear its own costs and pay those incurred by Elevolution — Engenharia SA.






(1)  OJ C 441, 28.11.2016.
Case C-293/16: Judgment of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Sharda Europe BVBA v Administración del Estado, Syngenta Agro SA (Reference for a preliminary ruling — Agriculture — Placing of plant protection products on the market — Directive 2008/69/EC — Article 3(2) — Procedure for re-evaluation, by the Member States, of authorised plant protection products — Time limit — Divergence between the different language versions)
Date: 2017-06-08
Institutions: Court of Justice
Subjects: approximation of laws, plant health legislation, use of languages








C_2017249EN.01001001.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/10






Judgment of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Sharda Europe BVBA v Administración del Estado, Syngenta Agro SA
(Case C-293/16) (1)

((Reference for a preliminary ruling - Agriculture - Placing of plant protection products on the market - Directive 2008/69/EC - Article 3(2) - Procedure for re-evaluation, by the Member States, of authorised plant protection products - Time limit - Divergence between the different language versions))
(2017/C 249/13)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Sharda Europe BVBA

Defendants: Administración del Estado, Syngenta Agro SA

Operative part of the judgment

The first subparagraph of Article 3(2) of Commission Directive 2008/69/EC of 1 July 2008 amending Council Directive 91/414/EEC to include clofentezine, dicamba, difenoconazole, diflubenzuron, imazaquin, lenacil, oxadiazon, picloram and pyriproxyfen as active substances, must be interpreted as meaning that the date of 31 December 2008 to which it refers corresponds, for an already authorised plant protection product containing one of the active substances listed in the Annex to that directive, to the deadline by which all the active substances contained in that plant protection product, other than those listed in the Annex to Directive 2008/69, must have been included on the list in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, in order for an obligation to carry out the re-evaluation of that product, provided for in the first subparagraph of Article 3(2), to arise.


(1)  
            OJ C 305, 22.8.2016.
Prior notification of a concentration (Case M.8382 — VINCI/DUFRY/LFP) (Text with EEA relevance. )
Date: 2017-06-08
Institutions: European Commission
Subjects: building industry, economic concentration, energy industry, information technology industry, merger control, public works, retail trade, service concession, transport infrastructure








C_2017180EN.01003801.xml










8.6.2017   


EN


Official Journal of the European Union


C 180/38





Prior notification of a concentration
(Case M.8382 — VINCI/DUFRY/LFP)
(Text with EEA relevance)
(2017/C 180/09)






1.


On 30 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 undertakings VINCI Airports International, S.A. (‘VINCI Airports International’, Belgium), a wholly-owned subsidiary of the VINCI Group, and DUFRY AG (‘DUFRY’, Switzerland), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking LFP — Lojas Francas de Portugal, S.A. (‘LFP’, Portugal) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for VINCI: concessions and infrastructures (motorways mainly in France and airports in France, Portugal, Cambodia, Japan, Dominican Republic and Chile), building, public works and civil engineering, road works, energy and information technology services (electrical engineering, climatic engineering and mechanical engineering, facility management and IT services),
—   for DUFRY: operation of retail outlets in airports and at other transport hubs in North America, South America, Europe, Asia/Pacific, the Middle East and Africa,
—   for LFP: travel retail industry in Portugal.










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.8382 — VINCI/DUFRY/LFP, 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 T-141/16: Judgment of the General Court of 8 June 2017 — Commission v IEM (Arbitration clause — Contract FAIR-CT98-9544 concluded under the Fourth Framework programme for research, technological development and demonstration activities (1994-1998) — Termination of the contract — Reimbursement of sums advanced — Default interest — Default procedure)
Date: 2017-06-08
Institutions: General Court
Subjects: Framework Programme for Research and Development, fruit, innovation, interest, technological change, termination of a contract








C_2017249EN.01002502.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/25






Judgment of the General Court of 8 June 2017 — Commission v IEM
(Case T-141/16) (1)

((Arbitration clause - Contract FAIR-CT98-9544 concluded under the Fourth Framework programme for research, technological development and demonstration activities (1994-1998) - Termination of the contract - Reimbursement of sums advanced - Default interest - Default procedure))
(2017/C 249/38)
Language of the case: Greek

Parties


Applicant: European Commission (represented by: A. Katsimerou and S. Lejeune, acting as Agents, and O. Lytra, lawyer)

Defendant: IEM — Erga — Erevnes — Meletes perivallontos kai chorotaxias AE (Athens, Greece)

Re:

Action on the basis of Article 272 TFEU seeking an order that IEM — Erga — Erevnes — Meletes perivallontos kai chorotaxias AE reimburse the advances paid by the European Commission in relation to contract FAIR-CT98-9544, together with default interest.

Operative part of the judgment

The Court:






1.


Orders IEM — Erga — Erevnes — Meletes perivallontos kai chorotaxias AE to pay the sum of EUR 75 728,33 to the European Commission, together with default interest at the rate of 3 % to run from 4 September 2010 until payment in full;










2.


Orders IEM to pay the costs.






(1)  
            OJ C 191, 30.5.2016.
Council Decision (EU) 2017/986 of 8 June 2017 extending the term of office of a Deputy Executive Director of Europol
Date: 2017-06-08
Institutions: Council of the European Union
Subjects: Europol, administrator, managing director, pay scale








L_2017148EN.01004601.xml










10.6.2017   


EN


Official Journal of the European Union


L 148/46








            COUNCIL DECISION (EU) 2017/986
of 8 June 2017
         
extending the term of office of a Deputy Executive Director of Europol


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (1), and in particular Article 54 paragraphs 3 to 5 thereof,


Acting as the authority vested with the power to appoint the Executive Director and Deputy Executive Directors of Europol,


Having regard to the proposal of the Management Board of Europol of 19 May 2017,

Whereas:







(1)


Mr Wilhelmus Martinus VAN GEMERT was appointed as Deputy Executive Director of Europol by Council Act of 11 February 2014 (2). The term of office of Mr Wilhelmus Martinus VAN GEMERT is due to expire on 30 April 2018.












(2)


The Deputy Executive Directors of Europol are appointed for a four-year period, extendable once in accordance with Article 54(4) of Regulation (EU) 2016/794.












(3)


The decision of the Management Board of Europol of 1 May 2017 sets out the procedure for the extension of the term of office of Deputy Executive Directors of Europol.












(4)


The Management Board informed the European Parliament on 10 May 2017 that it intended to propose to the Council that Mr Wilhelmus Martinus VAN GEMERT's term of office be extended.












(5)


The Management Board presented the Council with an opinion proposing that the term of office of Deputy Executive Director of Europol, Mr Wilhelmus Martinus VAN GEMERT, be extended and that his grade be reclassified as grade AD 14.












(6)


On the basis of the proposal submitted by the Management Board, the Council wishes to extend the term of office of Mr Wilhelmus Martinus VAN GEMERT as Deputy Executive Director of Europol,





HAS ADOPTED THIS DECISION:



Article 1
The term of office of Mr Wilhelmus Martinus VAN GEMERT as Deputy Executive Director of Europol is extended from 1 May 2018 to 30 April 2022 at grade AD 14, step 1.


Article 2
This Decision shall enter into force on the date 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)  
            OJ L 135, 24.5.2016, p. 53.

(2)  
            OJ C 44, 15.2.2014, p. 3.
Council Decision of 8 June 2017 adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2017
Date: 2017-06-08
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)








C_2017186EN.01000201.xml










10.6.2017   


EN


Official Journal of the European Union


C 186/2





COUNCIL DECISION
of 8 June 2017
adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2017
(2017/C 186/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
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 (1) and in particular Article 41 thereof,
Whereas:






—


the Union’s budget for the financial year 2017 was definitively adopted on 1 December 2016 (2),










—


on 12 April 2017, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2017,




HAS DECIDED AS FOLLOWS:
Sole article
The Council’s position on draft amending budget No 2 of the European Union for the financial year 2017 was adopted on 8 June 2017.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, 8 June 2017.


For the Council


The President

U. REINSALU




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 51, 28.2.2017, p. 1.