do-me/EUR-LEX huggingface dataset:
Case T-9/15: Judgment of the General Court of 13 June 2017 — Ball Beverage Packaging Europe v EUIPO — Crown Hellas Can (Cans) (Community design — Invalidity proceedings — Registered Community design representing three cans — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Group of articles constituting a single unit — Scope of the description of the registered Community design — Obligation to state reasons — Replacement of a party to the proceedings)
Date: 2017-06-13
Institutions: General Court
Subjects: designs and models, packaging product








C_2017249EN.01002301.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/23






Judgment of the General Court of 13 June 2017 — Ball Beverage Packaging Europe v EUIPO — Crown Hellas Can (Cans)
(Case T-9/15) (1)

((Community design - Invalidity proceedings - Registered Community design representing three cans - Earlier design - Ground for invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Group of articles constituting a single unit - Scope of the description of the registered Community design - Obligation to state reasons - Replacement of a party to the proceedings))
(2017/C 249/34)
Language of the case: German

Parties


Applicant: Ball Beverage Packaging Europe Ltd (Luton, United Kingdom), authorised to replace Ball Europe GmbH (represented by: A. Renck, lawyer)

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: Crown Hellas Can SA (Athens, Greece) (represented by: N. Coulson and J. Koepp, Solicitors)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 8 September 2014 (Case R 1408/2012-3), relating to invalidity proceedings between Crown Hellas Can and Ball Europe.

Operative part of the judgment

The Court:






1.


Grants Ball Beverage Packaging Europe Ltd leave to substitute itself for Ball Europe GmbH as applicant.










2.


Dismisses the action.










3.


Orders Ball Beverage Packaging Europe to pay the costs, including the costs necessarily incurred by Crown Hellas Can SA for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).






(1)  
            OJ C 89, 16.3.2015.
Euro exchange rates
Date: 2017-06-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2017187EN.01000401.xml










13.6.2017   


EN


Official Journal of the European Union


C 187/4





Euro exchange rates (1)

12 June 2017
(2017/C 187/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1221 




JPY


Japanese yen


123,30 




DKK


Danish krone


7,4367 




GBP


Pound sterling


0,88545 




SEK


Swedish krona


9,7803 




CHF


Swiss franc


1,0857 




ISK


Iceland króna


 




NOK


Norwegian krone


9,4985 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,198 




HUF


Hungarian forint


307,18 




PLN


Polish zloty


4,1899 




RON


Romanian leu


4,5620 




TRY


Turkish lira


3,9459 




AUD


Australian dollar


1,4875 




CAD


Canadian dollar


1,5078 




HKD


Hong Kong dollar


8,7510 




NZD


New Zealand dollar


1,5583 




SGD


Singapore dollar


1,5531 




KRW


South Korean won


1 270,17 




ZAR


South African rand


14,3757 




CNY


Chinese yuan renminbi


7,6284 




HRK


Croatian kuna


7,4115 




IDR


Indonesian rupiah


14 921,69 




MYR


Malaysian ringgit


4,7858 




PHP


Philippine peso


55,624 




RUB


Russian rouble


63,9585 




THB


Thai baht


38,219 




BRL


Brazilian real


3,6840 




MXN


Mexican peso


20,3762 




INR


Indian rupee


72,3080 






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 117/2017 of 13 June 2017 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2018/810]
Date: 2017-06-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, company law, financial year, general budget (EU), protocol to an agreement, revision of an agreement




L_2018142EN.01004001.xml










7.6.2018   


EN


Official Journal of the European Union


L 142/40








            DECISION OF THE EEA JOINT COMMITTEE
         
No 117/2017
of 13 June 2017
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2018/810]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding company law.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2017,





HAS ADOPTED THIS DECISION:



Article 1
In Article 7(13) of Protocol 31 to the EEA Agreement, the words ‘the financial year 2016’ are replaced by the words ‘the financial years 2016 and 2017’.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).
It shall apply from 1 January 2017.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 June 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(*1)  No constitutional requirements indicated.
Case C-363/17 P: Appeal brought on 13 June 2017 by Equipolymers Srl, M&G Polimeri Italia SpA, Novapet SA against the judgment of the General Court (First Chamber) delivered on 5 April 2017 in Case T-422/13: Committee of Polyethylene Terephthalate (PET) Manufacturers in Europe (CPME) and Others v Council of the European Union
Date: 2017-06-13
Institutions: Court of Justice
Subjects: India, Taiwan, Thailand, anti-dumping duty, damages, import (EU), originating product, plastics








C_2017283EN.01002401.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/24





Appeal brought on 13 June 2017 by Equipolymers Srl, M&G Polimeri Italia SpA, Novapet SA against the judgment of the General Court (First Chamber) delivered on 5 April 2017 in Case T-422/13: Committee of Polyethylene Terephthalate (PET) Manufacturers in Europe (CPME) and Others v Council of the European Union
(Case C-363/17 P)
(2017/C 283/33)
Language of the case: English

Parties


Appellants: Equipolymers Srl, M&G Polimeri Italia SpA, Novapet SA (represented by: L. Ruessmann, avocat, J. Beck, Solicitor)

Other parties to the proceedings: Committee of Polyethylene Terephthalate (PET) Manufacturers in Europe (CPME), Cepsa Química SA, Indorama Ventures Poland sp. z o.o., Lotte Chemical UK Ltd, Ottana Polimeri Srl, UAB Indorama Polymers Europe, UAB Neo Group, UAB Orion Global pet, Council of the European Union, European Commission

Form of order sought

The appellants claim that the Court should:






—


declare the appeal admissible and well-founded;










—


set aside the General Court's judgment in so far as it dismisses the claim for compensation of damages;










—


rule on the substance of the claim for compensation of damages and award the appellants the damages claimed, or refer the case back to the General Court for a decision on the substance of the Application for Damages; and










—


order the Council to pay the appellants' costs.





Pleas in law and main arguments

The General Court distorted and wrongly presented the evidence submitted by the Appellants when finding that there is no causal link between the unlawful adoption of Decision 2013/226 (1) and the damages incurred by the Appellants. (Contested Judgment, paragraphs 155 to 197, and in particular paragraphs 187 to 189).


(1)  Council Implementing Decision 2013/226/EU of 21 May 2013 rejecting the proposal for a Council implementing regulation imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Taiwan and Thailand following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of certain polyethylene terephthalate originating in Indonesia and Malaysia, in so far as the proposal would impose a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Taiwan and Thailand (OJ 2013, L 136, p. 12).
Non-opposition to a notified concentration (Case M.8223 — Micro Focus/HPE Software Business) (Text with EEA relevance. )
Date: 2017-06-13
Institutions: European Commission
Subjects: consultancy, economic concentration, merger control, software








C_2017187EN.01000101.xml










13.6.2017   


EN


Official Journal of the European Union


C 187/1





Non-opposition to a notified concentration
(Case M.8223 — Micro Focus/HPE Software Business)
(Text with EEA relevance)
(2017/C 187/01)
On 8 March 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 32017M8223. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 113/2017 of 13 June 2017 amending Annex XXI (Statistics) to the EEA Agreement [2018/806]
Date: 2017-06-13
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, carriage of goods, carriage of passengers, data collection, rail transport, revision of an agreement, transfer of competence, transport accident, transport statistics




L_2018142EN.01001101.xml










7.6.2018   


EN


Official Journal of the European Union


L 142/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 113/2017
of 13 June 2017
         
amending Annex XXI (Statistics) to the EEA Agreement [2018/806]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Regulation (EU) 2016/2032 of the European Parliament and of the Council of 26 October 2016 amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 7 (Regulation (EC) No 91/2003 of the European Parliament and of the Council) of Annex XXI to the EEA Agreement:






‘—



32016 R 2032: Regulation (EU) 2016/2032 of the European Parliament and of the Council of 26 October 2016 (OJ L 317, 23.11.2016, p. 105).’






Article 2
The text of Regulation (EU) 2016/2032 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 June 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 June 2017.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 317, 23.11.2016, p. 105.

(*1)  No constitutional requirements indicated.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea apply
Date: 2017-06-13
Institutions: Council of the European Union
Subjects: North Korea, economic sanctions, international sanctions, natural person, personal data








C_2017187EN.01000301.xml










13.6.2017   


EN


Official Journal of the European Union


C 187/3





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea apply
(2017/C 187/03)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EC) No 329/2007 (2).
The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EC) No 329/2007.
The data subjects are the natural persons who fulfil the listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 88, 29.3.2007, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.
Notice of the impending expiry of certain anti-dumping measures
Date: 2017-06-13
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, import (EU), iron and steel product, metal coating, originating product








C_2017187EN.01006001.xml










13.6.2017   


EN


Official Journal of the European Union


C 187/60





Notice of the impending expiry of certain anti-dumping measures
(2017/C 187/17)
1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Organic coated steel products


The People’s Republic of China


Anti-dumping duty


Council Implementing Regulation (EU) No 214/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain organic coated steel products originating in the People’s Republic of China (OJ L 73, 15.3.2013, p. 1).


16.3.2018






(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight of the day mentioned in this column.
Notice for the attention of the persons and entities subject to the restrictive measures provided for in Annex II to Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2017/994, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP
Date: 2017-06-13
Institutions: Council of the European Union
Subjects: North Korea, economic sanctions, international sanctions, legal person, natural person, trade restriction








C_2017187EN.01000201.xml










13.6.2017   


EN


Official Journal of the European Union


C 187/2





Notice for the attention of the persons and entities subject to the restrictive measures provided for in Annex II to Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2017/994, concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP
(2017/C 187/02)
The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision (CFSP) 2016/849 (1) as amended by Council Decision (CFSP) 2017/994 (2) concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP.
The Council of the European Union has determined that the restrictive measures provided for in Decision (CFSP) 2016/849, as amended by Decision (CFSP) 2017/994, should continue to apply to the persons and entities designated in Annex II to Decision (CFSP) 2016/849. The grounds for listing of those persons and entities are set out in that Annex.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Council Regulation (EC) No 329/2007 (3), in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 15 January 2018, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 36(2) of Decision (CFSP) 2016/849.


(1)  OJ L 141, 28.5.2016, p. 79.

(2)  OJ L 149, 13.6.2017, p. 75.

(3)  OJ L 88, 29.3.2007, p. 1.
Prior notification of a concentration (Case M.8485 — Hitachi Group/Honda/JV) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-13
Institutions: European Commission
Subjects: economic concentration, electric machinery, merger control, motor vehicle industry








C_2017187EN.01006101.xml










13.6.2017   


EN


Official Journal of the European Union


C 187/61





Prior notification of a concentration
(Case M.8485 — Hitachi Group/Honda/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 187/18)






1.


On 2 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Hitachi Automotive Systems Ltd (‘HIAMS’, Japan) and Honda Motor Co., Ltd (‘Honda’, Japan) acquire within the meaning of article 3(4) of the Merger Regulation joint control of the Joint Venture by way of a purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


HIAMS is active in the production and supply of automotive products and technologies;










—


Honda is active in the production and distribution of automobiles, motorcycles and power products;










—


The Joint Venture will be active in the production and supply of electric motors in Japan, China and the United States of America.














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.8485 — Hitachi Group/Honda/JV, 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.