do-me/EUR-LEX huggingface dataset:
Case T-476/17: Action brought on 27 July 2017 — Arysta LifeScience Netherlands v Commission
Date: 2017-07-27
Institutions: General Court
Subjects: European Chemicals Agency, abuse of power, chemical product, insecticide, legal expenses, market approval, plant health control, rights of the defence








C_2017357EN.01001701.xml










23.10.2017   


EN


Official Journal of the European Union


C 357/17





Action brought on 27 July 2017 — Arysta LifeScience Netherlands v Commission
(Case T-476/17)
(2017/C 357/22)
Language of the case: English

Parties


Applicant: Arysta LifeScience Netherlands BV (Amsterdam, Netherlands) (represented by: C. Mereu and M. Grunchard, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the application admissible and well-founded;










—


annul the contested Regulation (1);










—


order the defendant to pay all the costs and expenses of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging manifest errors of assessment.






—


The applicant submits that: the defendant has committed a series of manifest errors of appraisal; the defendant has acted unreasonably by failing to give sufficient and due weight to factors which are specific to the unique case of diflubenzuron; the defendant has neither considered the timing of two regulatory procedures nor the available and new data; the defendant has failed to examine carefully and impartially all the individual elements and factors of this case.














2.


Second plea in law, alleging breach of right of defence: the defendant did not guarantee that the applicant was able to present properly and effectively its own views throughout the review process.










3.


Third plea in law, alleging adoption of the contested Regulation Ultra Vires: the defendant acted ultra vires since the European Chemicals Agency (‘ECHA’) is the only authority legally responsible for classification or re-classification of substances, as set out in Regulation 1272/2008 (2), and not the defendant.










4.


Fourth plea in law, alleging disproportion of the contested Regulation: the contested Regulation is disproportionate since the defendant had a choice of measures and the choice of adopting the contested Regulation restricting the use of diflubenzuron to non-edible crop causes disadvantages which are excessive in relation to the aims pursued.






(1)  Commission Implementing Regulation (EU) 2017/855 of 18 May 2017 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance diflubenzuron (OJ 2017, L 128, p. 10).

(2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ 2008, L 353, p. 1).
Decision concerning the assessment of the conditions for resolution in respect of Banca Popolare di Vicenza SpA
Date: 2017-07-27
Institutions: Single Resolution Board
Subjects: aid to undertakings, bank, company in difficulties, credit institution, financial control








C_2017242EN.01000301.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/3





Decision concerning the assessment of the conditions for resolution in respect of Banca Popolare di Vicenza SpA
(2017/C 242/03)
On 23 June 2017, the Single Resolution Board decided not to place Banca Popolare di Vicenza SpA under resolution. This decision was based on the conclusion that the condition of Article 18(1)(c) of Regulation (EU) No 806/2014 (1) was not met. The main elements of this decision are as follows:






Date of adoption of the decision:


23 June 2017




Decision No:


SRB/EES/2017/12




Addressee:


Banca d’Italia




Institution:


Banca Popolare di Vicenza SpA.




Application of the write-down and conversion of capital instruments power:


No




Resolution action:


No




Fund aid:


No




More information about this decision can be found on the SRB’s official website: https://srb.europa.eu/en/content/banca-popolare-di-vicenza-veneto-banca


(1)  OJ L 225, 30.7.2014, p. 1.
Non-opposition to a notified concentration (Case M.8500 — Central/SIGNA Prime/JVCo) (Text with EEA relevance. )
Date: 2017-07-27
Institutions: European Commission
Subjects: economic concentration, holding company, merger control, parking area, real estate business, supermarket








C_2017242EN.01000101.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/1





Non-opposition to a notified concentration
(Case M.8500 — Central/SIGNA Prime/JVCo)
(Text with EEA relevance)
(2017/C 242/01)
On 14 July 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 32017M8500. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance. )
Date: 2017-07-27
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical compound, health control, market approval, marketing standard, pharmaceutical industry, respiratory disease, solvent








C_2017242EN.01000501.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/5





Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006
 (1)
)

(Text with EEA relevance)
(2017/C 242/05)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised use


Date of expiry of review period


Reasons for the decision




C(2017) 5025


20 July 2017


Bis(2-methoxyethyl)ether
EC No 203-924-4
CAS No 111-96-6


Novartis Ringaskiddy Limited, Ringaskiddy, County Cork, Ireland


REACH/17/8/0


Use of diglyme as solvent in the manufacturing process of an intermediate for further conversion into a pharmaceutical compound used in medicinal products for treatment of respiratory diseases


22 August 2024








—


In accordance with Article 60(2) of Regulation (EC) No 1907/2006, the risks to human health arising from the use of the substance are adequately controlled.










—


There are no suitable alternatives at present and search for them is ongoing under a 7-year replacement programme.










(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
Euro exchange rates
Date: 2017-07-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2017242EN.01000401.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/4





Euro exchange rates (1)

26 July 2017
(2017/C 242/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1644 




JPY


Japanese yen


130,26 




DKK


Danish krone


7,4368 




GBP


Pound sterling


0,89275 




SEK


Swedish krona


9,5705 




CHF


Swiss franc


1,1152 




ISK


Iceland króna


 




NOK


Norwegian krone


9,2893 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,047 




HUF


Hungarian forint


305,57 




PLN


Polish zloty


4,2613 




RON


Romanian leu


4,5632 




TRY


Turkish lira


4,1406 




AUD


Australian dollar


1,4717 




CAD


Canadian dollar


1,4576 




HKD


Hong Kong dollar


9,0959 




NZD


New Zealand dollar


1,5678 




SGD


Singapore dollar


1,5850 




KRW


South Korean won


1 303,91 




ZAR


South African rand


15,1998 




CNY


Chinese yuan renminbi


7,8646 




HRK


Croatian kuna


7,4128 




IDR


Indonesian rupiah


15 507,48 




MYR


Malaysian ringgit


4,9889 




PHP


Philippine peso


58,948 




RUB


Russian rouble


69,7050 




THB


Thai baht


38,996 




BRL


Brazilian real


3,6806 




MXN


Mexican peso


20,6644 




INR


Indian rupee


74,9375 






(1)  Source: reference exchange rate published by the ECB.
Notice of open competitions
Date: 2017-07-27
Institutions: European Personnel Selection Office
Subjects: EPSO, administrator, assistant, building industry, building safety, building services, competition (EU), technical profession








C_2017242EN.01001701.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/17





NOTICE OF OPEN COMPETITIONS
(2017/C 242/07)
The European Personnel Selection Office (EPSO) is organising the following open competitions:






 


ADMINISTRATORS AND ASSISTANTS IN THE BUILDINGS SECTOR










 


EPSO/AD/342/17 (AD 6) — Building management engineers (including environmental and services engineers)










 


EPSO/AST/141/17 (AST 3):






 


Profile 1. Building construction coordinators/technicians










 


Profile 2. Building coordinators/technicians in air conditioning and electromechanical and electrical engineering










 


Profile 3. Occupational safety/building safety assistants








The competition notice is published in 24 languages in 
Official Journal of the European Union C 242 A of 27 July 2017.
Further information can be found on the EPSO website: https://epso.europa.eu/
Decision concerning the assessment of the conditions for resolution in respect of Veneto Banca SpA
Date: 2017-07-27
Institutions: Single Resolution Board
Subjects: aid to undertakings, bank, company in difficulties, credit institution, financial control








C_2017242EN.01000201.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/2





Decision concerning the assessment of the conditions for resolution in respect of Veneto Banca SpA
(2017/C 242/02)
On 23 June 2017, the Single Resolution Board decided not to place Veneto Banca SpA under resolution. This decision was based on the conclusion that the condition of Article 18(1)(c) of Regulation (EU) No 806/2014 (1) was not met. The main elements of this decision are as follows:






Date of adoption of the decision:


23 June 2017




Decision No:


SRB/EES/2017/11




Addressee:


Banca d'Italia




Institution:


Veneto Banca SpA




Application of the write-down and conversion of capital instruments power:


No




Resolution action:


No




Fund aid:


No




More information about this decision can be found on the SRB's official website: https://srb.europa.eu/en/content/banca-popolare-di-vicenza-veneto-banca


(1)  OJ L 225, 30.7.2014, p. 1.
Prior notification of a concentration (Case M.8541 — Thermo Fisher Scientific/Patheon) (Text with EEA relevance. )
Date: 2017-07-27
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry, scientific apparatus








C_2017242EN.01001901.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/19





Prior notification of a concentration
(Case M.8541 — Thermo Fisher Scientific/Patheon)
(Text with EEA relevance)
(2017/C 242/09)






1.


On 19 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Thermo Fisher Scientific Inc. (‘Thermo Fisher’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Patheon N.V. (‘Patheon’, The Netherlands) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Thermo Fisher is a manufacturer and supplier of laboratory equipment, analytical instruments, diagnostics, and related products and services. It is headquartered in the US and active internationally.










—


Patheon is a contract development and manufacturing organisation, offering active pharmaceutical ingredients and finished drug product services. It is headquartered in the Netherlands and active internationally.














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.8541 — Thermo Fisher Scientific Inc./Patheon N.V., 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’).
Case C-452/17: Request for a preliminary ruling from the Tribunal de commerce de Liège (Belgium) lodged on 27 July 2017 — Zako SPRL v Sanidel SA
Date: 2017-07-27
Institutions: Court of Justice
Subjects: freedom to provide services, right of establishment, sales representative, self-employed person








C_2017347EN.01001102.xml










16.10.2017   


EN


Official Journal of the European Union


C 347/11





Request for a preliminary ruling from the Tribunal de commerce de Liège (Belgium) lodged on 27 July 2017 — Zako SPRL v Sanidel SA
(Case C-452/17)
(2017/C 347/13)
Language of the case: French

Referring court

Tribunal de commerce de Liège

Parties to the main proceedings


Applicant: Zako SPRL

Defendant: Sanidel SA

Questions referred







1.


Must Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (1) be interpreted as requiring the commercial agent to seek and visit customers or suppliers outside of the business premises of the principal?










2.


Must Article 1(2) of Directive 86/653/EEC be interpreted as requiring the commercial agent to carry out no tasks other than those relating to the negotiation of the sale or purchase of goods on behalf of the principal or to the negotiation and conclusion of such transactions on behalf of and in the name of the principal?










3.


If the second question is answered in the negative, must Article 1(2) of Directive 86/653/EEC be interpreted as requiring the commercial agent to carry out tasks other than those relating to the negotiation of the sale or purchase of goods on behalf of the principal, or to the negotiation and conclusion of such transactions on behalf of and in the name of the principal, only secondarily?






(1)  OJ 1986 L 382, p. 17.
Prior notification of a concentration (Case M.8582 — Letterone/Holland &amp; Barrett) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-07-27
Institutions: European Commission
Subjects: economic concentration, electronic commerce, food supplement, investment company, merger control, organisation of health care, retail trade, technology, telecommunications








C_2017242EN.01001801.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/18





Prior notification of a concentration
(Case M.8582 — Letterone/Holland & Barrett)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 242/08)






1.


On 18 July 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Letterone Investment Holdings SA (‘Letterone Investment’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Holland & Barrett International Limited (‘Holland & Barrett’, the UK) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Letterone Investment: international investment targeting investments in the telecoms and technology, healthcare and retail sectors,
—   for Holland & Barrett: retail of health and wellbeing products, such as, for example, vitamin supplements and health foods, through its network of high street shops and online.










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.8582 — Letterone/Holland & Barrett, 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.
Non-opposition to a notified concentration (Case M.8435 — FMC/DuPont Divestment Business) (Text with EEA relevance.)
Date: 2017-07-27
Institutions: European Commission
Subjects: economic concentration, merger control, pesticides industry








C_2018327EN.01000201.xml










17.9.2018   


EN


Official Journal of the European Union


C 327/2






Non-opposition to a notified concentration
(Case M.8435 — FMC/DuPont Divestment Business)
(Text with EEA relevance)
(2018/C 327/03)
On 27 July 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) 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 32017M8435. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-453/17 P: Appeal brought on 27 July 2017 by Laure Camerin against the order of the General Court (Second Chamber) made on 1 June 2017 in Case T-647/16 Camerin v Parliament
Date: 2017-07-27
Institutions: Court of Justice
Subjects: European official, Social Democratic Party, reassignment, retirement conditions








C_2018032EN.01001101.xml










29.1.2018   


EN


Official Journal of the European Union


C 32/11





Appeal brought on 27 July 2017 by Laure Camerin against the order of the General Court (Second Chamber) made on 1 June 2017 in Case T-647/16 Camerin v Parliament
(Case C-453/17 P)
(2018/C 032/16)
Language of the case: French

Parties


Appellant: Laure Camerin (represented by: M. Casado García-Hirschfeld, avocat)

Other party to the proceedings: European Parliament
By order of 30 November 2017, the Court (Second Chamber) dismissed the appeal.