do-me/EUR-LEX huggingface dataset:
Case T-302/16: Judgment of the General Court of 15 June 2017 — Bay v Parliament (Law governing the Institutions — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of forfeiture of entitlement to the subsistence allowance — Article 166 of the Rules of Procedure of the Parliament — Right of access to the file — Error of fact)
Date: 2017-06-15
Institutions: General Court
Subjects: Member of the European Parliament, disciplinary proceedings, equal treatment, parliamentary allowance, right to justice








C_2017249EN.01002701.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/27






Judgment of the General Court of 15 June 2017 — Bay v Parliament
(Case T-302/16) (1)

((Law governing the Institutions - Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of forfeiture of entitlement to the subsistence allowance - Article 166 of the Rules of Procedure of the Parliament - Right of access to the file - Error of fact))
(2017/C 249/40)
Language of the case: French

Parties


Applicant: Nicolas Bay (La Celle-Saint-Cloud, France) (represented by: A. Cuignache, lawyer)

Defendant: European Parliament (represented by: N. Görlitz, S. Alonso de León and S. Seyr, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of the decision of the President of the Parliament of 9 March 2016 and of the decision of the Bureau of the Parliament of 11 April 2016 imposing on the applicant the penalty of forfeiture of entitlement to the subsistence allowance for a period of five days.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Nicolas Bay to pay the costs.






(1)  
            OJ C 279, 1.8.2016.
Case T-457/15: Judgment of the General Court of 15 June 2017 — Fakro v EUIPO — Saint Gobain Cristalería (climaVera) (EU trade mark — Opposition proceedings — Application for EU figurative mark climaVera — Earlier EU word mark CLIMAVER DECO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2017-06-15
Institutions: General Court
Subjects: EU trade mark, building services, registered trade mark, trade-mark law








C_2017249EN.01002401.xml










31.7.2017   


EN


Official Journal of the European Union


C 249/24






Judgment of the General Court of 15 June 2017 — Fakro v EUIPO — Saint Gobain Cristalería (climaVera)
(Case T-457/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark climaVera - Earlier EU word mark CLIMAVER DECO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2017/C 249/36)
Language of the case: English

Parties


Applicant: Fakro sp. z o.o. (Nowy Sącz, Poland) (represented by: J. Radłowski, lawyer)

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, intervener before the General Court: Saint Gobain Cristalería, SL (Madrid, Spain) (represented by E. Bayo de Gispert, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 12 May 2015 (Case R 2095/2014-2) relating to opposition proceedings between Saint Gobain Cristalería and Fakro.

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders Fakro sp. z o.o. to pay the costs.






(1)  
            OJ C 328, 5.10.2015.
Case C-513/15: Judgment of the Court (Fifth Chamber) of 15 June 2017 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by ‘Agrodetalė’ UAB (Reference for a preliminary ruling — Internal market — EC type-approval — Directive 2003/37/EC — Scope — Agricultural or forestry tractors — Placement on the market and registration in the European Union of used or second-hand vehicles imported from a third country — Concepts of ‘new vehicle’ and ‘entry into service’)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: EC conformity marking, approval, commercial vehicle, import (EU), market approval, single market, third country, tractor, used goods, vehicle registration








C_2017277EN.01000501.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/5





Judgment of the Court (Fifth Chamber) of 15 June 2017 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by ‘Agrodetalė’ UAB
(Case C-513/15) (1)

((Reference for a preliminary ruling - Internal market - EC type-approval - Directive 2003/37/EC - Scope - Agricultural or forestry tractors - Placement on the market and registration in the European Union of used or second-hand vehicles imported from a third country - Concepts of ‘new vehicle’ and ‘entry into service’))
(2017/C 277/05)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Party to the main proceedings

‘Agrodetalė’ UAB

Operative part of the judgment







1.


Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC, as amended by Commission Directive 2014/44/EU of 18 March 2014, must be interpreted as meaning that the first placing on the market and the registration in a Member State of used or second-hand tractors imported from a third country are subject to compliance with the technical requirements laid down by that directive.










2.


Article 23(1)(b) of Directive 2003/37, as amended by Directive 2014/44, must be interpreted as meaning that the provisions of that directive apply to second-hand vehicles coming under categories T1, T2 and T3 and imported into the European Union from a third country, where they are entered into service in the European Union for the first time on or after 1 July 2009.






(1)  OJ C 414, 14.12.2015.
Case C-249/16: Judgment of the Court (Third Chamber) of 15 June 2017 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Saale Kareda v Stefan Benkö (Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1) — Concepts of ‘matters relating to a contract’ and of a ‘contract for the provision of services’ — Recourse claim between jointly and severally liable debtors under a credit agreement — Determination of the place of performance of the credit agreement)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: contract, credit, credit institution, debt, judicial cooperation in civil matters in the EU, provision of services, territorial jurisdiction








C_2017277EN.01001601.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/16





Judgment of the Court (Third Chamber) of 15 June 2017 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Saale Kareda v Stefan Benkö
(Case C-249/16) (1)

((Reference for a preliminary ruling - Jurisdiction in civil and commercial matters - Regulation (EU) No 1215/2012 - Article 7(1) - Concepts of ‘matters relating to a contract’ and of a ‘contract for the provision of services’ - Recourse claim between jointly and severally liable debtors under a credit agreement - Determination of the place of performance of the credit agreement))
(2017/C 277/21)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Saale Kareda

Defendant: Stefan Benkö

Operative part of the judgment







1.


Article 7(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a recourse claim between jointly and severally liable debtors under a credit agreement constitutes a ‘matter relating to a contract’, as referred to in that provision.










2.


The second indent of Article 7(1)(b) of Regulation No 1215/2012 must be interpreted as meaning that a credit agreement, such as that at issue in the main proceedings, between a credit institution and two jointly and severally liable debtors, must be classified as a ‘contract for the provision of services’ for the purposes of that provision.










3.


The second indent of Article 7(1)(b) of Regulation No 1215/2012 must be interpreted as meaning that, where a credit institution has granted a loan to two jointly and severally liable debtors, the ‘place in a Member State where, under the contract, the services were provided or should have been provided’, within the meaning of that provision, is, unless otherwise agreed, the place where that institution has its registered office, and this also applies with a view to determining the territorial jurisdiction of the court called upon to hear and determine an action for recourse between those joint debtors.






(1)  OJ C 305, 22.8.2016.
Corrigendum to Winding-up proceedings — Decision to open winding-up proceedings in respect of ADRIA Way (OJ C 123, 20.4.2017)
Date: 2017-06-15
Institutions: European Commission
Subjects: Czechia, central bank, insurance company, judicial proceedings, liquidation








C_2017189EN.01005401.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/54





Corrigendum to Winding-up proceedings — Decision to open winding-up proceedings in respect of ADRIA Way
(
Official Journal of the European Union C 123 of 20 April 2017
)
(2017/C 189/18)
On page 3, in the title, after ‘Insurance undertaking’ and after ‘Date, entry into force and nature of the decision’:

for:


‘ADRIA Way’,


read:


‘Cestovní pojišťovna ADRIA Way družstvo “v likvidaci”’.
Non-opposition to a notified concentration (Case M.8190 — Weichai/Kion) (Text with EEA relevance. )
Date: 2017-06-15
Institutions: European Commission
Subjects: economic concentration, hoisting equipment, merger control








C_2017189EN.01002902.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/29





Non-opposition to a notified concentration
(Case M.8190 — Weichai/Kion)
(Text with EEA relevance)
(2017/C 189/05)
On 15 February 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 32017M8190. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
European Parliament resolution of 15 June 2017 on the funding of political parties and political foundations at European level (2017/2733(RSP))
Date: 2017-06-15
Institutions: European Parliament
Subjects: EU financing, EU office or agency, European party, Member of the European Parliament, co-financing, foundation, freedom of association, freedom of expression, party financing








C_2018331EN.01015001.xml










18.9.2018   


EN


Official Journal of the European Union


C 331/150






P8_TA(2017)0274
Statute and funding of European political parties and foundations
European Parliament resolution of 15 June 2017 on the funding of political parties and political foundations at European level (2017/2733(RSP))
(2018/C 331/21)

The European Parliament,






—


having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1),










—


having regard to Rule 123(2) of its Rules of Procedure,










A.


whereas transnational political parties and foundations help to form a wider European political awareness and express the will of the citizens of the Union;










B.


whereas the funding of European political parties and foundations should support political activities in line with the principles of the Union and be transparent and not open to abuse;










C.


whereas Article 6 of Regulation (EU, Euratom) No 1141/2014 establishes an Authority for European political parties and European political foundations, to be set up by 1 September 2016 with the function of deciding whether the registration and de-registration of European political parties and political foundations are in compliance with the procedures and conditions laid down in the regulation;












1.


Regrets the numerous shortcomings of Regulation (EU, Euratom) No 1141/2014, especially in respect of the level of co-financing (own resources), and of the possibility of multi-party membership of Members of the European Parliament;












2.


Encourages the Commission to take a closer look at all the shortcomings and to propose a revision of the regulation as soon as possible;












3.


Instructs its President to forward this resolution to the Council and the Commission.






(1)  OJ L 317, 4.11.2014, p. 1.
Case C-19/16 P: Judgment of the Court (Eighth Chamber) of 15 June 2017 — Al-Bashir Mohammed Al-Faqih, Ghunia Abdrabbah, Taher Nasuf, Sanabel Relief Agency Ltd v European Commission, Council of the European Union (Appeal — Common foreign and security policy (CFSP) — Fight against terrorism — Specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of natural and legal persons included in a list drawn up by the United Nations Sanctions Committee — Re-listing of those persons in Annex I to Regulation No 881/2002 after annulment of the original listing — Disappearance of the legal person in the course of the proceedings — Capacity to be a party to judicial proceedings)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: cessation of trading, common foreign and security policy, economic sanctions, international sanctions, legal person, terrorism, trade restriction








C_2017277EN.01001101.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/11





Judgment of the Court (Eighth Chamber) of 15 June 2017 — Al-Bashir Mohammed Al-Faqih, Ghunia Abdrabbah, Taher Nasuf, Sanabel Relief Agency Ltd v European Commission, Council of the European Union
(Case C-19/16 P) (1)

((Appeal - Common foreign and security policy (CFSP) - Fight against terrorism - Specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Freezing of funds and economic resources of natural and legal persons included in a list drawn up by the United Nations Sanctions Committee - Re-listing of those persons in Annex I to Regulation No 881/2002 after annulment of the original listing - Disappearance of the legal person in the course of the proceedings - Capacity to be a party to judicial proceedings))
(2017/C 277/14)
Language of the case: English

Parties


Appellants: Al-Bashir Mohammed Al-Faqih, Ghunia Abdrabbah, Taher Nasuf, Sanabel Relief Agency Ltd (represented by: N. Garcia-Lora, Solicitor, and E. Grieves, Barrister)

Other parties to the proceedings: European Commission (represented by: F. Ronkes Agerbeek, D. Gauci and J. Norris-Usher, Agents), Council of the European Union (represented by: G. Étienne, J.-P. Hix and H. Marcos Fraile, Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Al-Bashir Mohammed Al-Faqih, Mr Ghunia Abdrabbah and Mr Taher Nasuf to pay the costs.






(1)  OJ C 106, 21.3.2016.
Case C-349/16: Judgment of the Court (Eighth Chamber) of 15 June 2017 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — T.KUP SAS v Belgische Staat (Reference for a preliminary ruling — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Validity of Implementing Regulation (EU) No 1294/2009 — Expiry review of anti-dumping measures — Unrelated importers — Sampling — European Union interest)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: China, Macao, Viet Nam, anti-dumping duty, footwear industry, import (EU), originating product








C_2017277EN.01001702.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/17





Judgment of the Court (Eighth Chamber) of 15 June 2017 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — T.KUP SAS v Belgische Staat
(Case C-349/16) (1)

((Reference for a preliminary ruling - Dumping - Regulation (EC) No 1472/2006 - Imports of certain footwear with uppers of leather originating in China and Vietnam - Validity of Implementing Regulation (EU) No 1294/2009 - Expiry review of anti-dumping measures - Unrelated importers - Sampling - European Union interest))
(2017/C 277/23)
Language of the case: Dutch

Referring court

Nederlandstalige rechtbank van eerste aanleg Brussel

Parties to the main proceedings


Applicant: T.KUP SAS

Defendant: Belgische Staat

Operative part of the judgment

The examination of the questions referred has disclosed nothing capable of affecting the validity of Council Implementing Regulation (EU) No 1294/2009 of 22 December 2009 imposing a definitive anti-dumping duty on imports of certain footwear with uppers of leather originating in Vietnam and originating in the People's Republic of China, as extended to imports of certain footwear with uppers of leather consigned from the Macao SAR, whether declared as originating in the Macao SAR or not, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96.


(1)  OJ C 335, 12.9.2016.
Euro exchange rates
Date: 2017-06-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2017189EN.01004501.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/45





Euro exchange rates (1)

14 June 2017
(2017/C 189/10)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1203 




JPY


Japanese yen


123,58 




DKK


Danish krone


7,4363 




GBP


Pound sterling


0,87960 




SEK


Swedish krona


9,7448 




CHF


Swiss franc


1,0874 




ISK


Iceland króna


 




NOK


Norwegian krone


9,4140 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,163 




HUF


Hungarian forint


306,39 




PLN


Polish zloty


4,1967 




RON


Romanian leu


4,5664 




TRY


Turkish lira


3,9362 




AUD


Australian dollar


1,4778 




CAD


Canadian dollar


1,4796 




HKD


Hong Kong dollar


8,7392 




NZD


New Zealand dollar


1,5453 




SGD


Singapore dollar


1,5457 




KRW


South Korean won


1 260,45 




ZAR


South African rand


14,2697 




CNY


Chinese yuan renminbi


7,6147 




HRK


Croatian kuna


7,3995 




IDR


Indonesian rupiah


14 880,38 




MYR


Malaysian ringgit


4,7702 




PHP


Philippine peso


55,465 




RUB


Russian rouble


63,9450 




THB


Thai baht


38,023 




BRL


Brazilian real


3,7027 




MXN


Mexican peso


20,2078 




INR


Indian rupee


72,0350 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.8301 — GE/ATI/JV) (Text with EEA relevance. )
Date: 2017-06-15
Institutions: European Commission
Subjects: alloy, economic concentration, industrial manufacturing, merger control, metallurgical industry, titanium








C_2017189EN.01002901.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/29





Non-opposition to a notified concentration
(Case M.8301 — GE/ATI/JV)
(Text with EEA relevance)
(2017/C 189/04)
On 2 June 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 32017M8301. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.