do-me/EUR-LEX huggingface dataset:
Case T-582/16: Order of the General Court of 22 June 2017 — Vankerckhoven-Kahmann v Commission (Civil service — Officials — Career reconstruction — Refusal to promote — Inter-institutional transfer — Classification in grade — Request within the meaning of Article 90(1) of the Staff Regulations — Reasonable period — Inadmissible)
Date: 2017-06-22
Institutions: General Court
Subjects: European official, pay scale, promotion, reassignment








C_2017269EN.01002202.xml










14.8.2017   


EN


Official Journal of the European Union


C 269/22





Order of the General Court of 22 June 2017 — Vankerckhoven-Kahmann v Commission
(Case T-582/16) (1)

((Civil service - Officials - Career reconstruction - Refusal to promote - Inter-institutional transfer - Classification in grade - Request within the meaning of Article 90(1) of the Staff Regulations - Reasonable period - Inadmissible))
(2017/C 269/32)
Language of the case: French

Parties


Applicant: Monique Vankerckhoven-Kahmann (Enghien, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: European Commission (represented initially by G. Berscheid and C. Berardis-Kayser and subsequently by G. Berscheid and L. Radu Bouyon, acting as Agents)

Re:

Action brought under Article 270 TFEU, seeking annulment, first, of the Commission’s decision of 17 April 2015 refusing to re-grade the applicant on her transfer and, secondly, of the Commission’s decision of 9 November 2015 rejecting her complaint lodged on 17 July 2015.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Monique Vankerckhoven-Kahmann is ordered to bear her own costs and to pay those incurred by the European Commission.






(1)  OJ C 145, 25.4.2016 (case initially registered before the European Union Civil Service Tribunal under number F-11/15 and transferred to the General Court of the European Union on 1.9.2016).
Case C-20/16: Judgment of the Court (Tenth Chamber) of 22 June 2017 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Wolfram Bechtel, Marie-Laure Bechtel v Finanzamt Offenburg (Reference for a preliminary ruling — Freedom of movement of workers — Income received in a Member State other than the Member State of residence — Method of exemption with maintenance of progressivity in the Member State of residence — Pension and health insurance contributions levied on income received in a Member State other than the Member State of residence — Deduction of those contributions — Condition relating to the absence of a direct link with exempted tax revenues)
Date: 2017-06-22
Institutions: Court of Justice
Subjects: double taxation, free movement of workers, frontier worker, health insurance, pension scheme, personal income tax, residence, tax exemption








C_2017277EN.01001201.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/12





Judgment of the Court (Tenth Chamber) of 22 June 2017 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Wolfram Bechtel, Marie-Laure Bechtel v Finanzamt Offenburg
(Case C-20/16) (1)

((Reference for a preliminary ruling - Freedom of movement of workers - Income received in a Member State other than the Member State of residence - Method of exemption with maintenance of progressivity in the Member State of residence - Pension and health insurance contributions levied on income received in a Member State other than the Member State of residence - Deduction of those contributions - Condition relating to the absence of a direct link with exempted tax revenues))
(2017/C 277/15)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicants: Wolfram Bechtel, Marie-Laure Bechtel

Defendant: Finanzamt Offenburg

Operative part of the judgment

Article 45 TFEU must be interpreted to the effect that it precludes legislation of a Member State, such as that at issue in the main proceedings, under which a taxpayer residing in that Member State and working for the public administration of another Member State may not deduct from the income tax basis of assessment in her Member State of residence the pension and health insurance contributions deducted from her wages in the Member State of employment, in contrast to comparable contributions paid to the social security fund of her Member State of residence, where, under the Convention for the avoidance of double taxation between the two Member States, the wages must not be taxed in the worker’s Member State of residence and merely increase the tax rate to be applied to other income.


(1)  OJ C 118, 4.4.2016.
Prior notification of a concentration (Case M.8535 — Itochu/Toppan Printing/Thung Hua Sinn/TPN Food Packaging) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-22
Institutions: European Commission
Subjects: economic concentration, merger control, packaging








C_2017198EN.01000701.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/7





Prior notification of a concentration
(Case M.8535 — Itochu/Toppan Printing/Thung Hua Sinn/TPN Food Packaging)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 198/07)






1.


On 12 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 Toppan Printing Co., Ltd (‘Toppan Printing’, Japan), Itochu Corporation (‘Itochu’, Japan) and Thung Hua Sinn Enterprises Co., part of the Thung Hua Sinn group (‘THS’, Thailand) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of the whole of the undertaking TPN Food Packaging Co., Ltd (‘TPN’, Thailand), by way of a purchase of shares. TPN is currently controlled by THS.










2.


The business activities of the undertakings concerned are:
—   for Toppan Printing: development of printing technology,
—   for Itochu Corporation: trading of various products including textile, machinery, metals, minerals, energy, chemicals, food, information and communications, technology, realty, insurance, logistics services, construction and finance,
—   for THS: print and packaging manufacturing,
—   for TPN: currently inactive, following the transaction its activity will be the manufacturing and sale of flexible packaging.










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.8535 — Itochu/Toppan Printing/Thung Hua Sinn/TPN Food Packaging, 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.
Commission Implementing Regulation (EU) 2017/1116 of 22 June 2017 on the minimum selling price for skimmed milk powder for the tenth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2017-06-22
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2017162EN.01004301.xml










23.6.2017   


EN


Official Journal of the European Union


L 162/43








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1116
of 22 June 2017
         
on the minimum selling price for skimmed milk powder for the tenth partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


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),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the tenth partial invitation to tender, a minimum selling price should be fixed.












(3)


The Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit laid down by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the tenth partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 20 June 2017, the minimum selling price shall be 185 EUR/100 kg.


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)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Joined Cases C-556/15 and C-22/16: Order of the Court (Fifth Chamber) of 22 June 2017 (requests for a preliminary ruling from the Curtea de Apel Craiova and Tribunalul Bucureşti — Romania) — Fondul Proprietatea SA v Complexul Energetic Oltenia SA (C-556/15), SC Hidroelectrica SA (C-22/16) (Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — State aid — Participation of a company with a majority public shareholding in an increase in the share capital of a company in which the State is the sole shareholder or in the capital formation for a State-owned commercial company — Questions of a hypothetical nature — Insufficient information regarding the factual context — Manifest inadmissibility)
Date: 2017-06-22
Institutions: Court of Justice
Subjects: State aid, capital increase, control of State aid, electrical energy, energy production, power plant, public sector, shareholding, solar energy, wind energy








C_2017283EN.01001201.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/12





Order of the Court (Fifth Chamber) of 22 June 2017 (requests for a preliminary ruling from the Curtea de Apel Craiova and Tribunalul Bucureşti — Romania) — Fondul Proprietatea SA v Complexul Energetic Oltenia SA (C-556/15), SC Hidroelectrica SA (C-22/16)
(Joined Cases C-556/15 and C-22/16) (1)

((Reference for a preliminary ruling - Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice - State aid - Participation of a company with a majority public shareholding in an increase in the share capital of a company in which the State is the sole shareholder or in the capital formation for a State-owned commercial company - Questions of a hypothetical nature - Insufficient information regarding the factual context - Manifest inadmissibility))
(2017/C 283/16)
Language of the cases: Romanian

Referring courts

Curtea de Apel Craiova, Tribunalul Bucureşti

Parties to the main proceedings


Applicant: Fondul Proprietatea SA

Defendants: Complexul Energetic Oltenia SA (C-556/15), SC Hidroelectrica SA (C-22/16)

Operative part of the order

The requests for a preliminary ruling submitted by the Curtea de Apel Craiova (Court of Appeal, Craiova, Romania), by decision of 13 October 2015, and by the Tribunalul București (District Court, Bucharest, Romania), by decision of 3 July 2015, are manifestly inadmissible.


(1)  OJ C 38, 1.2.2016


OJ C 118, 4.4.2016
Non-opposition to a notified concentration (Case M.7881 — AB Inbev/Sabmiller) (Text with EEA relevance. )
Date: 2017-06-22
Institutions: European Commission
Subjects: beverage industry, economic concentration, merger control








C_2017198EN.01000101.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/1





Non-opposition to a notified concentration
(Case M.7881 — AB Inbev/Sabmiller)
(Text with EEA relevance)
(2017/C 198/01)
On 24 May 2016, 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) in conjunction with Article 6(2) 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 32016M7881. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-376/17: Reference for a preliminary ruling from the Supreme Court (Ireland) made on 22 June 2017 — The Minister for Justice and Equality Ireland and the Attorney General v Arkadiusz Piotr Lipinski
Date: 2017-06-22
Institutions: Court of Justice
Subjects: European arrest warrant, appeal, criminal proceedings, extradition, mutual recognition principle, suspension of sentence








C_2017283EN.01002502.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/25





Reference for a preliminary ruling from the Supreme Court (Ireland) made on 22 June 2017 — The Minister for Justice and Equality Ireland and the Attorney General v Arkadiusz Piotr Lipinski
(Case C-376/17)
(2017/C 283/35)
Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings


Applicants: The Minister for Justice and Equality, Ireland and the Attorney General

Defendant: Arkadiusz Piotr Lipinski

Questions referred







1.


Where a person is convicted and sentenced by a court of competent jurisdiction in a member state and the original sentence imposed on him is altered on appeal and that sentence (as altered on appeal) is subsequently both suspended and reactivated following the quashing of the suspension in question, should the term ‘the trial’ as used in Article 4a of the Framework Decision (1) be interpreted as:






a)


referring only to the process leading to the finding of guilt and the imposition of the original sentence (‘the original sentence’); or










b)


referring to (a) above and/or any or all of the following:






i)


the process of any appeal following (a) and where by the original sentence is altered on appeal (‘the altered sentence’);










ii)


the process leading to the subsequent suspension of the altered sentence (or part thereof);










iii)


the process leading to the revocation of suspension of the altered sentence (or part thereof).


















2.


In the event that the term ‘the trial’ is to be interpreted as referring to or including the process of any appeal leading to the altered sentence, is the absence of a reference to the fact that the person whose surrender is sought was notified of and represented at, the appeal in question fatal to the validity of the European Arrest Warrant notwithstanding the fact that, as a result of additional information supplied in the course of the process in the requested state, it becomes clear as a matter of fact that the person concerned was actually notified of and represented in the appeal process.






(1)  Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002, L 190, p. 1).
Euro exchange rates
Date: 2017-06-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2017198EN.01000201.xml










22.6.2017   


EN


Official Journal of the European Union


C 198/2





Euro exchange rates (1)

21 June 2017
(2017/C 198/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1147 




JPY


Japanese yen


124,21 




DKK


Danish krone


7,4403 




GBP


Pound sterling


0,87810 




SEK


Swedish krona


9,7808 




CHF


Swiss franc


1,0857 




ISK


Iceland króna


 




NOK


Norwegian krone


9,5158 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,266 




HUF


Hungarian forint


309,13 




PLN


Polish zloty


4,2368 




RON


Romanian leu


4,5900 




TRY


Turkish lira


3,9311 




AUD


Australian dollar


1,4738 




CAD


Canadian dollar


1,4803 




HKD


Hong Kong dollar


8,6954 




NZD


New Zealand dollar


1,5402 




SGD


Singapore dollar


1,5487 




KRW


South Korean won


1 273,11 




ZAR


South African rand


14,5255 




CNY


Chinese yuan renminbi


7,6091 




HRK


Croatian kuna


7,4165 




IDR


Indonesian rupiah


14 833,90 




MYR


Malaysian ringgit


4,7793 




PHP


Philippine peso


56,053 




RUB


Russian rouble


66,2425 




THB


Thai baht


37,900 




BRL


Brazilian real


3,7028 




MXN


Mexican peso


20,2564 




INR


Indian rupee


71,9005 






(1)  Source: reference exchange rate published by the ECB.