do-me/EUR-LEX huggingface dataset:
Case C-49/16: Judgment of the Court (First Chamber) of 22 June 2017 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Unibet International Ltd. v Nemzeti Adó- és Vámhivatal Központi Hivatala (Reference for a preliminary ruling — Freedom to provide services — Restrictions — Conditions for the award of a concession for the organisation of online games of chance — Practical impossibility of obtaining such a licence for private operators established in other Member States)
Date: 2017-06-22
Institutions: Court of Justice
Subjects: Internet site, discrimination on the basis of nationality, establishment, freedom to provide services, game of chance, service concession, trade restriction








C_2017277EN.01001401.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/14





Judgment of the Court (First Chamber) of 22 June 2017 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Unibet International Ltd. v Nemzeti Adó- és Vámhivatal Központi Hivatala
(Case C-49/16) (1)

((Reference for a preliminary ruling - Freedom to provide services - Restrictions - Conditions for the award of a concession for the organisation of online games of chance - Practical impossibility of obtaining such a licence for private operators established in other Member States))
(2017/C 277/18)
Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: Unibet International Ltd.

Defendant: Nemzeti Adó- és Vámhivatal Központi Hivatala

Operative part of the judgment







1.


Article 56 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which introduces a system of concessions and licences for the organisation of online games of chance, if it contains discriminatory rules with regard to operators established in other Member States or if it lays down rules which are not discriminatory but which are applied in a manner which is not transparent or are implemented in such a way as to prevent or hinder an application from certain tenderers established in other Member States;










2.


Article 56 TFEU must be interpreted as precluding penalties, such as those at issue in the main proceedings, imposed for the infringement of national legislation introducing a system of concessions and licences for the organisation of games of chance, if such national legislation proves to be contrary to Article 56 TFEU.






(1)  OJ C 136, 18.4.2016.
No State aid within the meaning of Article 61(1) of the EEA Agreement
Date: 2017-06-22
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, excise duty, tax system








C_2017198EN.01000501.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/5





No State aid within the meaning of Article 61(1) of the EEA Agreement
(2017/C 198/05)
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:








Date of adoption of the decision



:


29 March 2017





Case No



:


79248





Decision No



:


064/17/COL





EFTA State



:


Norway





Region



:





Title (and/or name of the beneficiary)



:





Legal basis



:


Decision of the Norwegian Parliament of 14 December 2015 and Section 3-22 of Regulation No 1451 from 11 December 2001 on excise duties





Type of measure



:





Objective



:





Form of aid



:


No aid





Budget



:





Intensity



:





Duration



:





Economic sectors



:





Name and address of the granting authority



:





Other information



:




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
State aid — Decision to raise no objections
Date: 2017-06-22
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, carbon capture and storage, control of State aid, environmental protection, greenhouse gas








C_2017198EN.01000401.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/4





State aid — Decision to raise no objections
(2017/C 198/04)
The EFTA Surveillance Authority raises no objections to the following State aid measure:








Date of adoption of the decision



:


16 March 2017





Case No



:


80135





Decision No



:


045/17/COL





EFTA State



:


Norway





Region



:


Norway





Title (and/or name of the potential beneficiaries)



:


Yara AS, Norcem AS, Klemetsrudanlegget AS and Statoil ASA





Legal basis



:


Norwegian State budget





Type of measure



:


Individual aid measures





Objective



:


Enviromental





Form of aid



:


Grant





Budget



:


360 000 000 NOK





Intensity



:


Up to 100 %





Duration



:


2017





Economic sectors



:


Various





Name and address of the granting authority



:







Gassnova SF




Dokkvegen 10, Porsgrunn Næringspark




NO-3920 Porsgrunn




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case C-126/16: Judgment of the Court (Third Chamber) of 22 June 2017 (request for a preliminary ruling from the Rechtbank Midden-Nederland — Netherlands) — Federatie Nederlandse Vakvereniging and Others v Smallsteps BV (Reference for a preliminary ruling — Directive 2001/23/EC — Articles 3 to 5 — Transfers of undertakings — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — ‘Pre-pack’ — Survival of an undertaking)
Date: 2017-06-22
Institutions: Court of Justice
Subjects: bankruptcy, financial solvency, labour law, transfer of businesses








C_2017277EN.01001502.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/15





Judgment of the Court (Third Chamber) of 22 June 2017 (request for a preliminary ruling from the Rechtbank Midden-Nederland — Netherlands) — Federatie Nederlandse Vakvereniging and Others v Smallsteps BV
(Case C-126/16) (1)

((Reference for a preliminary ruling - Directive 2001/23/EC - Articles 3 to 5 - Transfers of undertakings - Safeguarding of employees’ rights - Exceptions - Insolvency proceedings - ‘Pre-pack’ - Survival of an undertaking))
(2017/C 277/20)
Language of the case: Dutch

Referring court

Rechtbank Midden-Nederland

Parties to the main proceedings


Applicants: Federatie Nederlandse Vakvereniging, Karin van den Burg-Vergeer, Lyoba Tanja Alida Kukupessy, Danielle Paase-Teeuwen, Astrid Johanna Geertruda Petronelle Schenk

Defendant: Smallsteps BV

Operative part of the judgment

Directive 2001/23/EC of 12 March 2001 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 in particular Article 5(1) thereof, must be interpreted as meaning that the protection of workers guaranteed by Articles 3 and 4 of that directive applies in a situation, such as that at issue in the main proceedings, in which the transfer of an undertaking takes place following a declaration of insolvency and in the context of a ‘pre-pack’ where that ‘pre-pack’ is prepared before the declaration of insolvency and put into effect immediately after that declaration, and, in particular, a court-appointed prospective insolvency administrator investigates the possibilities for continuation of the activities of that undertaking by a third party and prepares for acts which must be carried out shortly after the insolvency to enable such continuation and, moreover, it is irrelevant in that regard that the ‘pre-pack’ is also aimed at maximising the proceeds of the transfer for all the creditors of the undertaking in question.


(1)  OJ C 165, 10.5.2016.
Case T-236/16: Judgment of the General Court of 22 June 2017 — Biogena Naturprodukte v EUIPO (ZUM wohl) (EU trade mark — Application for EU figurative mark ZUM wohl — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Reference to statement submitted to the Board of Appeal reproduced in the application — Evidence annexed to the request for a hearing)
Date: 2017-06-22
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2017256EN.01002402.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/24





Judgment of the General Court of 22 June 2017 — Biogena Naturprodukte v EUIPO (ZUM wohl)
(Case T-236/16) (1)

((EU trade mark - Application for EU figurative mark ZUM wohl - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Reference to statement submitted to the Board of Appeal reproduced in the application - Evidence annexed to the request for a hearing))
(2017/C 256/27)
Language of the case: German

Parties


Applicant: Biogena Naturprodukte GmbH & Co. KG (Salzburg, Austria) (represented by: I. Schiffer and G. Hermann, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 February 2016 (case R 1982/2015-1), relating to the application for registration of the figurative sign ZUM wohl as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Biogena Naturprodukte GmbH & Co. KG to pay the costs.






(1)  OJ C 243, 4.7.2016.
Closure of multiple complaint case CHAP (2014) 1984
Date: 2017-06-22
Institutions: European Commission
Subjects: Community of Valencia, Mediterranean Sea, Spain, conservation of resources, environmental impact, hydrocarbon, petroleum exploration, resources of the sea, seismic monitoring, underwater mineral resources








C_2017198EN.01001001.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/10





Closure of multiple complaint case CHAP (2014) 1984
(2017/C 198/10)
A notice of pre-closure of multiple complaint CHAP (2014) 1984, regarding the project to obtain 3D seismic data in the waters of the Gulf of Valencia with a view to prospecting for possible hydrocarbon reserves, was published in the 
Official Journal of the European Union C 94, 25 March 2017, p. 16. That notice informed of the fact that, after assessment of the available information, the Commission’s services had concluded that the abovementioned case should be closed. However, the complainants were invited to send to the Commission, within the four weeks that followed the publication of the notice, any new information that might demonstrate the (continued) existence of an infringement of European Union law. The notice also stated that the Commission would close the case, once this deadline had passed.
Given that the European Commission has not received any new information from the complainants within the indicated time period from the publication of the pre-closure notice and for the reasons explained therein, the Commission hereby confirms that the multiple complaint case CHAP (2014) 1984 is closed on the date of publication of this notice.
Prior notification of a concentration (Case M.8251 — Bite/Tele2/Telia Lietuva/JV) (Text with EEA relevance. )
Date: 2017-06-22
Institutions: European Commission
Subjects: economic concentration, merger control, provision of services, retail selling, telecommunications








C_2017198EN.01000901.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/9





Prior notification of a concentration
(Case M.8251 — Bite/Tele2/Telia Lietuva/JV)
(Text with EEA relevance)
(2017/C 198/09)






1.


On 15 June 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 UAB Bité Lietuva, controlled by Providence Equity, UAB Tele2, belonging to the Tele2 group and Telia Lietuva AB, belonging to the Telia Group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created full-function joint venture company by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for UAB Bite Lietuva: provision of wholesale and retail mobile telecommunications services and retail sales of mobile handsets, tablets and their accessories in Lithuania,
—   for UAB Tele2: provision of wholesale and retail mobile telecommunications services and retail sales of mobile handsets, tablets and their accessories in Lithuania,
—   for Telia Lietuva AB: provision of wholesale and retail mobile and fixed electronic communications services in Lithuania, and
—   for the JV: provision of mobile payment services to businesses and consumers in Lithuania.










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.8251 — Bite/Tele2/Telia Lietuva/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’).
Corrigendum to Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not (OJ L 122, 19.5.2015)
Date: 2017-06-22
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Cambodia, China, Pakistan, Philippines, Taric, anti-dumping duty, import (EU), originating product, two-wheeled vehicle








L_2017160EN.01003701.xml










22.6.2017   


EN


Official Journal of the European Union


L 160/37







Corrigendum to Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not

(
Official Journal of the European Union L 122 of 19 May 2015
)


On page 26, Article 1, point 1:
for:


                  ‘… with the exception of those produced by the companies listed below:







Country


Company


TARIC additional code




Cambodia


A and J (Cambodia) Co., Ltd, Special Economic Zone Tai Seng Bavet, Sangkar Bavet, Krong Baver, Ket Svay Rieng, Cambodia


C035 




Smart Tech (Cambodia) Co., Ltd, Tai Seng Bavet Special Economic Zone, National Road No 1, Bavet City, Svay Rieng, Cambodia


C036 




Speedtech Industrial Co. Ltd and Bestway Industrial Co., Manhattan (Svay Rieng) Special Economic Zone, National Road No 1, Sangkat Bavet, Krong Bavet, Svay Rieng Province, Cambodia


C037 




The Philippines


Procycle Industrial Inc., Hong Chang Compound, Brgy. Lantic, Carmona, Cavite, the Philippines


C038 ’





read:


                  ‘… with the exception of those produced by the companies listed below:







Country


Company


TARIC additional code




Cambodia


A and J (Cambodia) Co., Ltd, Special Economic Zone Tai Seng Bavet, Sangkar Bavet, Krong Baver, Ket Svay Rieng, Cambodia


C035 




Smart Tech (Cambodia) Co., Ltd, Tai Seng Bavet Special Economic Zone, National Road No 1, Bavet City, Svay Rieng, Cambodia


C036 




Speedtech Industrial Co., Ltd, Manhattan (Svay Rieng) Special Economic Zone, National Road No 1, Sangkat Bavet, Krong Bavet, Svay Rieng Province, Cambodia


C037 




Bestway Industrial Co., Ltd, Manhattan (Svay Rieng) Special Economic Zone, National Road No 1, Sangkat Bavet, Krong Bavet, Svay Rieng Province, Cambodia


C037 




The Philippines


Procycle Industrial Inc., Hong Chang Compound, Brgy. Lantic, Carmona, Cavite, the Philippines


C038 ’
Special Report No 9/2017 — ‘EU support to fight human trafficking in South/South-East Asia’
Date: 2017-06-22
Institutions: European Court of Auditors
Subjects: South Asia, South-East Asia, fight against crime, financial aid, human rights, organised crime, poverty, sexual discrimination, slavery, trafficking in human beings








C_2017198EN.01000301.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/3





Special Report No 9/2017
‘EU support to fight human trafficking in South/South-East Asia’
(2017/C 198/03)
The European Court of Auditors hereby informs you that Special Report No 9/2017 ‘EU support to fight human trafficking in South/South-East Asia’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Commission Implementing Regulation (EU) 2017/1120 of 22 June 2017 determining the quantities to be added to the quantity fixed for the subperiod 1 October to 31 December 2017 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector
Date: 2017-06-22
Institutions: European Commission
Subjects: common organisation of markets, import (EU), import licence, pigmeat, tariff quota








L_2017162EN.01005201.xml










23.6.2017   


EN


Official Journal of the European Union


L 162/52








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1120
of 22 June 2017
         
determining the quantities to be added to the quantity fixed for the subperiod 1 October to 31 December 2017 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(2) and (3) thereof,

Whereas:







(1)


Commission Regulation (EC) No 442/2009 (2) opened annual tariff quotas for imports of pigmeat products. The quotas listed in Part B of Annex I to that Regulation are managed using the simultaneous examination method.












(2)


The quantities covered by import licence applications lodged from 1 to 7 June 2017 for the subperiod 1 July to 30 September 2017 are smaller than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.












(3)


In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have not been lodged under Regulation (EC) No 442/2009, to be added to the subperiod 1 October to 31 December 2017, are set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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 Brussels, 22 June 2017.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (OJ L 129, 28.5.2009, p. 13).




ANNEX






Order No


Quantities not applied for, to be added to the quantities available for the subperiod 1 October to 31 December 2017
(kg)




09.4038


8 466 250 




09.4170


1 230 500 




09.4204


1 156 000
Case C-378/17: Reference for a preliminary ruling from the Supreme Court (Ireland) made on 22 June 2017 — Minister for Justice and Equality, The Commissioner of the Garda Síochána v Workplace Relations Commission
Date: 2017-06-22
Institutions: Court of Justice
Subjects: application of EU law, jurisdiction, national law








C_2017283EN.01002601.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/26





Reference for a preliminary ruling from the Supreme Court (Ireland) made on 22 June 2017 — Minister for Justice and Equality, The Commissioner of the Garda Síochána v Workplace Relations Commission
(Case C-378/17)
(2017/C 283/36)
Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings


Applicants: Minister for Justice and Equality, The Commissioner of the Garda Síochána

Defendant: Workplace Relations Commission

Question referred

Where






a)


a national body is established by law and has a general jurisdiction conferred on it to inter alia ensure enforcement of Union law in a particular area; and










b)


national law would require that such body not have jurisdiction in a limited category of case where an effective remedy would require the disapplication of national legislation on the basis of national or European law; and










c)


appropriate national courts would have a jurisdiction to make any appropriate order disapplying national legislation which was required to ensure compliance with the measure of European law in question, would have jurisdiction to entertain cases in which such a remedy was necessary, would have jurisdiction in such cases to provide any remedy mandated by Union law and where the remedy provided in the courts has been assessed, in accordance with the jurisprudence of the Court of Justice, as complying with the principles of equivalence and effectiveness,




Must the statutory body concerned nonetheless be taken to have a jurisdiction to entertain a complaint that national legislation was in breach of relevant Union law and, if upholding that complaint, disapply that legislation notwithstanding that national law would confer the jurisdiction in all cases, involving challenges to the validity of legislation on any ground or requiring the disapplication of legislation, on a court established under the Constitution rather than the body in question?