do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8550 — USSL/Goldman Sachs/Redexis Gas) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-29
Institutions: European Commission
Subjects: banking, economic concentration, gas pipeline, investment, merger control, natural gas, pension scheme, provision of services, securities








C_2017205EN.01006001.xml










29.6.2017   


EN


Official Journal of the European Union


C 205/60





Prior notification of a concentration
(Case M.8550 — USSL/Goldman Sachs/Redexis Gas)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 205/11)






1.


On 20 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Universities Superannuation Scheme Limited (‘USSL’, UK) and GS Global Infrastructure Partners II, LP and GS International Infrastructrue Partners II, LP (‘Goldman Sachs’, USA) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of Redexis Gas S.A. and Redexis Gas Finance B.V. (‘Redexis Gas’, Spain) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


USSL is the corporate trustee responsible for managing a UK private sector pension scheme for academic and comparable staff in UK universities and other higher education and research institutions;










—


Goldman Sachs is a global investment banking, securities and investment management firm that provides a range of banking, securities and investment services worldwide;










—


Redexis Gas is a regulated natural gas and LPG transmission and distribution company operating in Spain.














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.8550 — USSL/Goldman Sachs/Redexis Gas, 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.
Case C-389/17: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 29 June 2017 — UAB ‘EVP International’ v Lietuvos bankas
Date: 2017-06-29
Institutions: Court of Justice
Subjects: electronic banking, electronic money, financial institution, financial legislation, financial services, goods and services, payment








C_2017309EN.01002801.xml










18.9.2017   


EN


Official Journal of the European Union


C 309/28





Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 29 June 2017 — UAB ‘EVP International’ v Lietuvos bankas
(Case C-389/17)
(2017/C 309/36)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Appellant: UAB ‘EVP International’

Other party: Lietuvos bankas

Questions referred

Is Article 5(2), read in conjunction with Article 6(1)(a), of Directive 2009/110/EC (1) of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions, amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC to be interpreted as meaning that, in circumstances such as those in the present case, the following are to be regarded as payment services that are (not) linked to the issuance of electronic money:






(a)


a payment transaction whereby, at the request (instruction) of the electronic money holder to the electronic money institution (the issuer), the electronic money (redeemable funds) redeemed at par value is transferred to a third-party bank account;










(b)


a payment transaction whereby, on the instruction of the seller, the buyer (payer) of goods and/or services pays for the goods and/or services by making a transfer/payment of funds to an electronic money institution (issuer of electronic money), which, upon receipt of the funds, issues electronic money, at par value of the funds received, for the benefit of the seller (electronic money holder)?






(1)  Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions, Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ 2009 L 267, p. 7).
Explanatory notes to the Combined Nomenclature of the European Union
Date: 2017-06-29
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, joinery, paper, recording equipment, wood product








C_2017205EN.01005601.xml










29.6.2017   


EN


Official Journal of the European Union


C 205/56





Explanatory notes to the Combined Nomenclature of the European Union
(2017/C 205/07)
Pursuant to the second indent of 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 208, the text:








‘4418 90 10




Glue-laminated timber

“See the HS Explanatory Note to heading 4418, third paragraph.”





4418 90 80




Other

This subheading includes the cellular wood panels described in the HS Explanatory Note to heading 4418, fourth paragraph.’






is replaced by the following text:








‘4418 99 10




Glue-laminated timber

“See the HS Explanatory Note to heading 4418, fourth paragraph.”





4418 99 90




Other

This subheading includes the cellular wood panels described in the HS Explanatory Note to heading 4418, fifth paragraph.’






On page 215, the following text is deleted:








‘4805 91 00




Weighing 150 g/m2 or less

This subheading includes paper and paperboard made entirely from recovered (waste and scrap) paper, without additives, and which has a burst index of 0,8 kPa or more but not exceeding 1,9 kPa.





4805 92 00




Weighing more than 150 g/m2 but less than 225 g/m2


The explanatory note to subheading 4805 91 00 applies, mutatis mutandis.





4805 93 20




Made from recovered paper

The explanatory note to subheading 4805 91 00 applies, mutatis mutandis.’






On page 342, the following text is deleted:








‘8529




Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

This heading does not include tripods for use with cameras of heading 8525 or Chapter 90 (classification according to their constituent material).’







(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.
Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission
Date: 2017-06-29
Institutions: European Food Safety Authority
Subjects: EU Member State, European Food Safety Authority, consumer protection, food inspection, food safety, industrial cooperation








C_2017205EN.01005701.xml










29.6.2017   


EN


Official Journal of the European Union


C 205/57





Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission
(2017/C 205/08)
Regulation (EC) No 178/2002 (1), Article 36(2), provides that the European Food Safety Authority's ‘Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission.’
The list was first drawn up by EFSA’s Managements Board on 19 December 2006, and since then is:






i.


updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2));










ii.


made public on EFSA’s website, where the latest updated list of competent organisations is published; and










iii.


made available through the Article 36 Search Tool to the organisations, providing contact details and the organisations’ specific fields of competence.




This respective information is available on the EFSA website, under the following links:






i.


the latest amendment to the list of competent organisations by EFSA’s Management Board on [21/06/2017] –[http://www.efsa.europa.eu/en/events/event/170621-0];










ii.


the updated list of competent organisations – http://www.efsa.europa.eu/sites/default/files/assets/art36listg.pdf and










iii.


Article 36 Search Tool – http://www.efsa.europa.eu/art36/search




EFSA will keep this notification updated, specifically regarding the provided website links.
For more information please contact Cooperation.Article36@efsa.europa.eu


(1)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(2)  Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority’s mission (OJ L 379, 24.12.2004, p. 64).
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2017-06-29
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, furniture industry, iron and steel product, metal furniture, textile product








C_2017205EN.01005401.xml










29.6.2017   


EN


Official Journal of the European Union


C 205/54





Explanatory Notes to the Combined Nomenclature of the European Union
(2017/C 205/05)
Pursuant to the second indent of 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 379,
‘9403 Other furniture and parts thereof’
, the following text shall be added after the first paragraph:


‘This heading does not include baskets and bags for laundry. For the purposes of Chapter 94 the term “furniture” means any “movable” articles (not included under other more specific headings of the Nomenclature), which are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings, hotels, theatres, etc.
Baskets and bags for laundry are classified according to their constituent material. For example, baskets for laundry of iron or steel are classified as other household articles under heading 7323 (which includes baskets for laundry, see the HS Explanatory Note (HSEN) to heading 7323 (A) (3)), and baskets for laundry of plaiting materials are classified under heading 4602 (which includes baskets of all kinds, see the HSEN to heading 4602 (1)).
Examples of baskets and bags for laundry which are to be classified according to their constituent material:
























Of willow, inner side lined with cotton, height: 66 cm.


Of textile, mounted on a wooden construction, height: 69 cm.


Of stainless steel, no lining, height: 60 cm.




Heading 4602 .


Heading 6307  (the essential character is provided by the textile bag, which holds the laundry, as the article would not function without the textile bag).


Heading 7323 .’







(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.
Prior notification of a concentration (Case M.8456 — INEOS/Forties Pipeline System) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-29
Institutions: European Commission
Subjects: economic concentration, gas industry, gas pipeline, merger control, oil industry, oil pipeline, petrochemicals








C_2017205EN.01006101.xml










29.6.2017   


EN


Official Journal of the European Union


C 205/61





Prior notification of a concentration
(Case M.8456 — INEOS/Forties Pipeline System)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 205/12)






1.


On 20 June 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking INEOS FPS Limited (owned by INEOS Limited (‘INEOS’), Isle of Man) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Forties Pipeline System (‘FPS’, UK) and interests in the North and South Graben Area Export Lines, by way of purchase of assets.










2.


The business activities of the undertakings concerned are:
—   for INEOS: it is a global manufacturer of petrochemicals, speciality chemicals and oil products. INEOS has limited activities in the upstream oil and gas sector,
—   for FPS: it is an integrated oil and natural gas liquids pipeline transportation and processing system located in the UK Northern North Sea.










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.8456 — INEOS/Forties Pipeline System, 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.
Case T-413/17: Action brought on 29 June 2017 — Karl Storz v EUIPO (3D)
Date: 2017-06-29
Institutions: General Court
Subjects: EU trade mark, medical device, optical medium, registered trade mark, teaching materials, trade-mark law








C_2017277EN.01005201.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/52





Action brought on 29 June 2017 — Karl Storz v EUIPO (3D)
(Case T-413/17)
(2017/C 277/75)
Language of the case: English

Parties


Applicant: Karl Storz GmbH & Co. KG (Tuttlingen, Germany) (represented by: S. Gruber, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: International registration designating the European Union in respect of the figurative mark containing the word elements ‘3D’ — International registration designating the European Union No 1 272 627

Contested decision: Decision of the Second Board of Appeal of EUIPO of 11 April 2017 in Case R 1502/2016-2

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Second Board of Appeal of the European Union Intellectual Property Office of 11 April 2017 in Case R 1502/2016-2 and register the trade mark ‘3D’, IR 1 272 627, designating the European Union for all the goods applied for including the goods which are still affected by the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) in conjunction with Article 7(2) of the Regulation No 207/2009;










—


Infringement of Article 7(1)(c) in conjunction with Article 7(2) of the Regulation No 207/2009.
Case C-288/16: Judgment of the Court (First Chamber) of 29 June 2017 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — ‘L.Č.’ IK v Valsts ienemumu dienests (Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 146(1)(e) — Exemptions on exportation — Supply of services directly connected with the exportation or the importation of goods — Meaning)
Date: 2017-06-29
Institutions: Court of Justice
Subjects: VAT, carriage of goods, export (EU), goods and services, import (EU), provision of services, tax exemption, third country








C_2017283EN.01000901.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/9





Judgment of the Court (First Chamber) of 29 June 2017 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — ‘L.Č.’ IK v Valsts ienemumu dienests
(Case C-288/16) (1)

((Reference for a preliminary ruling - Directive 2006/112/EC - Value added tax (VAT) - Article 146(1)(e) - Exemptions on exportation - Supply of services directly connected with the exportation or the importation of goods - Meaning))
(2017/C 283/12)
Language of the case: Latvian

Referring court

Augstākā tiesa

Parties to the main proceedings


Applicant:‘L.Č.’ IK

Defendant: Valsts ienemumu dienests

Operative part of the judgment

Article 146(1)(e) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that the exemption laid down in that provision does not apply to a supply of services, such as that at issue in the main proceedings, relating to a transaction consisting in the transport of goods to a third country, where those services are not provided directly to the consignor or the consignee of those goods.


(1)  OJ C 260, 18.7.2016.
Case C-126/15: Judgment of the Court (Fifth Chamber) of 29 June 2017 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Excise duty on cigarettes — Directive 2008/118/EC — Chargeability — Place and time duty falls due — Tax markings — Free movement of goods subject to excise duty — Temporal limit on the marketing and sale of packets of cigarettes — Principle of proportionality)
Date: 2017-06-29
Institutions: Court of Justice
Subjects: excise duty, free movement of goods, market approval, principle of proportionality, tobacco industry, trade restriction








C_2017283EN.01000301.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/3





Judgment of the Court (Fifth Chamber) of 29 June 2017 — European Commission v Portuguese Republic
(Case C-126/15) (1)

((Failure of a Member State to fulfil obligations - Excise duty on cigarettes - Directive 2008/118/EC - Chargeability - Place and time duty falls due - Tax markings - Free movement of goods subject to excise duty - Temporal limit on the marketing and sale of packets of cigarettes - Principle of proportionality))
(2017/C 283/03)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: F. Tomat and G. Braga da Cruz, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, N. Silva Vitorino and A. Cunha, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by: M. Jacobs and J.-C. Halleux, acting as Agents), Republic of Estonia (represented by: K. Kraavi-Käerdi, acting as Agent), Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:






1.


Declares that, by providing that cigarettes released for consumption in a given year may no longer be marketed or sold to the public after the expiry of the time limit laid down in Article 27(a) of the Portaria No 1295/2007 do Ministério das Finanças e da Administração Pública (Decree No 1295/2007 of the Ministry for Finance and Public Administration) of 1 October 2007, in the version applicable to the present action, where there is no increase in the excise duty on those products taking effect the following year, the Portuguese Republic has failed to fulfil its obligations under Article 9, first paragraph of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC and the principle of proportionality.










2.


Dismisses the action as to the remainder.










3.


Orders the Portuguese Republic to bear half of its own costs.










4.


Orders the European Commission to bear its own costs and to pay half of the costs incurred by the Portuguese Republic.










5.


Orders the Kingdom of Belgium, the Republic of Estonia and the Republic of Poland to bear their own costs.






(1)  OJ C 155, 11.5.2015.
Joined Cases T-427/16 to T-429/16: Judgment of the General Court of 29 June 2017 – Martín Osete v EUIPO — Rey (AN IDEAL WIFE and Others) (EU trade mark — Revocation proceedings — EU word marks AN IDEAL WIFE, AN IDEAL LOVER and AN IDEAL HUSBAND — No genuine use of the marks — Article 51(1)(a) of Regulation (EC) No 207/2009 — No proper reason for non-use)
Date: 2017-06-29
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2017277EN.01004201.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/42





Judgment of the General Court of 29 June 2017 – Martín Osete v EUIPO — Rey (AN IDEAL WIFE and Others)
(Joined Cases T-427/16 to T-429/16) (1)

((EU trade mark - Revocation proceedings - EU word marks AN IDEAL WIFE, AN IDEAL LOVER and AN IDEAL HUSBAND - No genuine use of the marks - Article 51(1)(a) of Regulation (EC) No 207/2009 - No proper reason for non-use))
(2017/C 277/62)
Language of the case: English

Parties


Applicant: Isabel Martín Osete (Paris, France) (represented by: V. Wellens, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Danielle Rey, (Toulouse, France) (represented by: P. Wallaert and J. Cockain-Barere, lawyers)

Re:

Actions brought against the decisions of the Second Board of Appeal of EUIPO of 21 April 2016 (Cases R 1528/2015-2, R 1527/2015-2 and R 1526/2015-2), concerning revocation proceedings between Ms Rey and Ms Martín Osete.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Ms Isabel Martín Osete to pay the costs.






(1)  OJ C 343, 19.9.2016.