do-me/EUR-LEX huggingface dataset:
Case T-38/16: Order of the General Court of 5 July 2017 — EEB v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the withdrawal of Proposal COM(2014) 397 final for a Directive of the European Parliament and of the Council — Partial refusal of access — No need to adjudicate)
Date: 2017-07-05
Institutions: General Court
Subjects: access to EU information, access to information, disclosure of information, environmental policy, provision of documents, right to information








C_2017283EN.01004902.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/49





Order of the General Court of 5 July 2017 — EEB v Commission
(Case T-38/16) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents concerning the withdrawal of Proposal COM(2014) 397 final for a Directive of the European Parliament and of the Council - Partial refusal of access - No need to adjudicate))
(2017/C 283/76)
Language of the case: English

Parties


Applicant: European Environmental Bureau (EEB) (Brussels, Belgium) (represented by: B. Kloostra, lawyer)

Defendant: European Commission (represented by: A. Buchet, F. Clotuche-Duvieusart and E. Sanfrutos Cano, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking the annulment of Commission Decision Ares(2015) 5212500 of 19 November 2015.

Operative part of the order







1.


There is no longer any need to adjudicate on the present action.










2.


The European Commission is to bear its own costs and to pay those incurred by the European Environmental Bureau (EEB).






(1)  OJ C 118, 4.4.2016.
European Parliament legislative resolution of 5 July 2017 on the draft Council decision on the acceptance on behalf of the European Union of an Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone (07524/2017 — C8-0143/2017 — 2013/0448(NLE))
Date: 2017-07-05
Institutions: Committee on Industry, Research and Energy, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: acidification, air quality, atmospheric pollutant, eutrophication, international convention, ozone, protocol to an agreement, revision of an agreement, transfrontier pollution








C_2018334EN.01023401.xml










19.9.2018   


EN


Official Journal of the European Union


C 334/234






P8_TA(2017)0295
Convention on long range transboundary air pollution to abate acidification, eutrophication and ground-level ozone.***
European Parliament legislative resolution of 5 July 2017 on the draft Council decision on the acceptance on behalf of the European Union of an Amendment to the 1999 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone (07524/2017 — C8-0143/2017 — 2013/0448(NLE))
(Consent)
(2018/C 334/33)

The European Parliament,






—


having regard to the draft Council decision (07524/2017),










—


having regard to the Amendment of the text of and Annexes II to IX to the 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone and the addition of new Annexes X and XI (07524/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0143/2017),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A8-0241/2017),












1.


Gives its consent to the acceptance of an amendment of the protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Commission Implementing Regulation (EU) 2017/1204 of 5 July 2017 correcting the Slovak language version of Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (Text with EEA relevance. )
Date: 2017-07-05
Institutions: Directorate-General for Translation, European Commission
Subjects: administrative check, arms trade, firearms and munitions, intra-EU trade, non-proliferation of arms, personal weapon, technical specification, weapons' destruction








L_2017173EN.01001201.xml










6.7.2017   


EN


Official Journal of the European Union


L 173/12








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1204
of 5 July 2017
         
correcting the Slovak language version of Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (1), and in particular the second paragraph of Part III of Annex I thereto,

Whereas:







(1)


The Slovak language version of Commission Implementing Regulation (EU) 2015/2403 (2) contains an error in Article 1(2), whereby the word ‘unless’ was erroneously translated as ‘if’, thus conveying the contrary of the intended meaning. It is therefore necessary to correct the Slovak language version of the Regulation. All other language versions are not affected.












(2)


Implementing Regulation (EU) 2015/2403 should therefore be corrected accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Directive 91/477/EEC,





HAS ADOPTED THIS REGULATION:



Article 1

(Does not concern the English language)



Article 2
This Regulation shall enter into force on the twentieth day following that 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, 5 July 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 256, 13.9.1991, p. 51.

(2)  Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable (OJ L 333, 19.12.2015, p. 62).
Prior notification of a concentration (Case M.8534 — Bouygues Immobilier/Accor/Nextdoor) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-07-05
Institutions: European Commission
Subjects: business lease, economic concentration, hotel industry, merger control, property development








C_2017215EN.01006801.xml










5.7.2017   


EN


Official Journal of the European Union


C 215/68





Prior notification of a concentration
(Case M.8534 — Bouygues Immobilier/Accor/Nextdoor)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 215/07)






1.


On 26 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 undertakings Bouygues Immobilier SAS (France) and Accor SA (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Nextdoor SAS (France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   Bouygues Immobilier: active in the various branches of property development, including housing, office buildings and retail parks;
—   Accor: active in the hotel sector;
—   Nextdoor: active in the business premises sector and in the provision and marketing of intelligent and collaborative workspaces for businesses, alongside a range of business services.










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 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 the Notice.










4.


The Commission invites interested third parties to submit to it their observations on the proposed operation.
Observations must reach the Commission no later than 10 days following the date of publication of this notification. 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.8534 — Bouygues Immobilier/Accor/Nextdoor, 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-87/17 P: Order of the Court (Tenth Chamber) of 5 July 2017 — CBA Spielapparate- und Restaurantbetriebs GmbH v Court of Justice of European Union (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions — Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling — Manifest lack of jurisdiction of the EU judicature)
Date: 2017-07-05
Institutions: Court of Justice
Subjects: Austria, EU law - national law, damages, game of chance, jurisdiction








C_2017374EN.01001102.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/11





Order of the Court (Tenth Chamber) of 5 July 2017 — CBA Spielapparate- und Restaurantbetriebs GmbH v Court of Justice of European Union
(Case C-87/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Action for damages - Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions - Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling - Manifest lack of jurisdiction of the EU judicature))
(2017/C 374/15)
Language of the case: German

Parties


Appellant: CBA Spielapparate- und Restaurantbetriebs GmbH (represented by: A. Schuster, Rechtsanwalt)

Other party to the proceedings: Court of Justice of European Union

Operative part of the order







1.


The appeal is dismissed.










2.


CBA Spielapparate- und Restaurantbetriebs GmbH shall bear its own costs.






(1)  OJ C 277, 21.8.2017.
Case C-190/16: Judgment of the Court (First Chamber) of 5 July 2017 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Werner Fries v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, point FCL.065(b) — Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport — Validity — Charter of Fundamental Rights of the European Union — Article 15 — Freedom of occupation — Article 21 — Equal treatment — Discrimination on grounds of age — Commercial air transport — Concept)
Date: 2017-07-05
Institutions: Court of Justice
Subjects: age discrimination, air transport, crew, elderly person, equal treatment, professional qualifications, right to work








C_2017283EN.01000701.xml










28.8.2017   


EN


Official Journal of the European Union


C 283/7





Judgment of the Court (First Chamber) of 5 July 2017 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Werner Fries v Lufthansa CityLine GmbH
(Case C-190/16) (1)

((Reference for a preliminary ruling - Air transport - Regulation (EU) No 1178/2011 - Annex I, point FCL.065(b) - Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport - Validity - Charter of Fundamental Rights of the European Union - Article 15 - Freedom of occupation - Article 21 - Equal treatment - Discrimination on grounds of age - Commercial air transport - Concept))
(2017/C 283/09)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: Werner Fries

Defendant: Lufthansa CityLine GmbH

Operative part of the judgment







1.


Consideration of the first and second questions has revealed nothing that might affect the validity of point FCL.065(b) in Annex I to Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, in the light of Article 15(1) or Article 21(1) of the Charter of Fundamental Rights of the European Union;










2.


Point FCL.065(b) in Annex I to Regulation No 1178/2011 must be interpreted as prohibiting the holder of a pilot’s licence who has attained the age of 65 neither from acting as a pilot in ferry flights, operated by an air carrier carrying no passengers, cargo or mail, nor from working as an instructor and/or examiner on board an aircraft, without being part of the flight crew.






(1)  OJ C 222, 20.6.2016.
European Parliament legislative resolution of 5 July 2017 on the draft Council decision on the conclusion, on behalf of the Union, of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part (12502/2016 — C8-0517/2016 — 2016/0298(NLE))
Date: 2017-07-05
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Cuba, cooperation agreement (EU), political cooperation, ratification of an agreement, trade cooperation








C_2018334EN.01023501.xml










19.9.2018   


EN


Official Journal of the European Union


C 334/235






P8_TA(2017)0296
Conclusion of the EU-Cuba Political Dialogue and Cooperation Agreement (Consent) ***
European Parliament legislative resolution of 5 July 2017 on the draft Council decision on the conclusion, on behalf of the Union, of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part (12502/2016 — C8-0517/2016 — 2016/0298(NLE))
(Consent)
(2018/C 334/34)

The European Parliament,






—


having regard to the draft Council decision (12502/2016),










—


having regard to the draft Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part (12504/2016),










—


having regard to the request for consent submitted by the Council in accordance with Articles 207 and 209 and Article 218(6), second subparagraph, point (a), and Article 218(8), second subparagraph, of the Treaty on the Functioning of the European Union (C8-0517/2016),










—


having regard to its non-legislative resolution of 5 July 2017. (1) on the draft Council decision,










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs and the opinions of the Committee on Development and the Committee on International Trade (A8-0232/2017),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cuba.






(1)  Texts adopted of that date, P8_TA(2017)0297.
Corrigendum to Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 (OJ L 296, 12.11.2015)
Date: 2017-07-05
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: administrative transparency, approximation of laws, form, invitation to tender, services contract, supplies contract, tendering, works contract








L_2017172EN.01003601.xml










5.7.2017   


EN


Official Journal of the European Union


L 172/36







Corrigendum to Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011

(
Official Journal of the European Union L 296 of 12 November 2015
)


On page 3, Article 4:
for:

               ‘XVI’,
read:

               ‘XVII’.
European Parliament legislative resolution of 5 July 2017 on the draft Council decision on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer (07725/2017 — C8-0157/2017 — 2017/0016(NLE))
Date: 2017-07-05
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: international convention, pollution control measures, protocol to an agreement, ratification of an agreement, reduction of gas emissions, revision of an agreement, stratospheric pollutant, stratospheric pollution








C_2018334EN.01023301.xml










19.9.2018   


EN


Official Journal of the European Union


C 334/233






P8_TA(2017)0294
Agreement to amend the Montreal Protocol on substances that deplete the ozone layer, adopted in Kigali ***
European Parliament legislative resolution of 5 July 2017 on the draft Council decision on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer (07725/2017 — C8-0157/2017 — 2017/0016(NLE))
(Consent)
(2018/C 334/32)

The European Parliament,






—


having regard to the draft Council decision (07725/2017),










—


having regard to the Kigali amendment to the Montreal Protocol, adopted at the twenty-eighth meeting of the Parties to the Montreal Protocol, held in Kigali, Rwanda in October 2016,










—


having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0157/2017),










—


having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A8-0237/2017),












1.


Gives its consent to conclusion of the amendment;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Case T-306/16: Judgment of the General Court of 5 July 2017 — Gamet v EUIPO — ‘Metal-Bud II’ Robert Gubała (Door handle) (Community design — Invalidity proceedings — Registered Community design representing a door handle — Earlier design — Ground for invalidity — No individual character — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Evidence submitted in support of the opposition after the expiry of the prescribed period — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 63 of Regulation No 6/2002)
Date: 2017-07-05
Institutions: General Court
Subjects: building materials, designs and models








C_2017277EN.01004001.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/40





Judgment of the General Court of 5 July 2017 — Gamet v EUIPO — ‘Metal-Bud II’ Robert Gubała (Door handle)
(Case T-306/16) (1)

((Community design - Invalidity proceedings - Registered Community design representing a door handle - Earlier design - Ground for invalidity - No individual character - Degree of freedom of the designer - No different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Evidence submitted in support of the opposition after the expiry of the prescribed period - Production of evidence for the first time before the Board of Appeal - Discretion of the Board of Appeal - Article 63 of Regulation No 6/2002))
(2017/C 277/59)
Language of the case: English

Parties


Applicant: Gamet S.A. (Toruń, Poland) (represented by: A. Rolbiecka, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Firma produkcyjno-handlowa ‘Metal-Bud II’ Robert Gubała (Świątniki Górne, Poland) (represented by: M. Mikosza, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 17 March 2016 (Case R 2040/2014-3), relating to invalidity proceedings between Firma produkcyjno-handlowa ‘Metal-Bud II’ Robert Gubała and Gamet.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gamet S.A. to pay the costs.






(1)  OJ C 296, 16.8.2016.
European Parliament legislative resolution of 5 July 2017 on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice and Eurojust (07536/2017 — C8-0136/2017 — 2017/0804(CNS))
Date: 2017-07-05
Institutions: Committee on Budgetary Control, Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: Eurojust, European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, interinstitutional cooperation (EU)








C_2018334EN.01023601.xml










19.9.2018   


EN


Official Journal of the European Union


C 334/236






P8_TA(2017)0298
Memorandum of Understanding between the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice and Eurojust *
European Parliament legislative resolution of 5 July 2017 on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice and Eurojust (07536/2017 — C8-0136/2017 — 2017/0804(CNS))
(Consultation)
(2018/C 334/35)

The European Parliament,






—


having regard to the Council draft (07536/2017),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0136/2017),










—


having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (1), and in particular Article 26(2) thereof,










—


having regard to Rule 78c of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0215/2017),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 63, 6.3.2002, p. 1.