do-me/EUR-LEX huggingface dataset:
Case C-521/17: Request for a preliminary ruling from the Tallinna Ringkonnakohus (Estonia) lodged on 1 September 2017 — c.v. SNB-REACT u. a. v Deepak Mehta
Date: 2017-09-01
Institutions: Court of Justice
Subjects: electronic commerce, provision of services, right of action, trade mark








C_2017382EN.01003401.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/34





Request for a preliminary ruling from the Tallinna Ringkonnakohus (Estonia) lodged on 1 September 2017 — c.v. SNB-REACT u. a. v Deepak Mehta
(Case C-521/17)
(2017/C 382/41)
Language of the case: Estonian

Referring court

Tallinna Ringkonnakohus

Parties to the main proceedings


Applicant: c.v. SNB-REACT u. a.

Defendant: Deepak Mehta

Questions referred









1.


Is Article 4(c) of Directive 2004/48/EC (1) of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights to be interpreted as meaning that Member States are required to recognise collecting societies of trade mark proprietors as persons with standing to pursue legal remedies in their own name to defend the rights of trade mark proprietors and to bring actions before the courts in their own name to enforce the rights of trade mark proprietors?












2.


Are Articles 12, 13 and 14 of Directive 2000/31/EC (2) of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) to be interpreted as meaning that even a service provider whose service consists in registering IP addresses, thus enabling them to be anonymously linked to domains, and in renting out those IP addresses, is to be regarded as a service provider within the meaning of those provisions to whom the exemptions from liability provided for there apply?






(1)  OJ 2004 L 157, p. 45.

(2)  OJ 2000 L 178, p. 1.
Prior notification of a concentration (Case M.8486 — 3M Company/Scott Safety) (Text with EEA relevance. )
Date: 2017-09-01
Institutions: European Commission
Subjects: economic concentration, merger control, protective equipment








C_2017290EN.01001601.xml










1.9.2017   


EN


Official Journal of the European Union


C 290/16





Prior notification of a concentration
(Case M.8486 — 3M Company/Scott Safety)
(Text with EEA relevance)
(2017/C 290/07)






1.


On 25 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking 3M Company (‘3M’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of certain subsidiaries of Johnson Controls International plc, together making up the Scott Safety business (‘Scott’, United States) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for 3M: diversified technology company active on a worldwide basis in five major business areas: Industrial, Safety and Graphics, Health Care, Electronics and Energy and Consumer. The Safety and Graphics Group manufactures and sells personal protective equipment (‘PPE’), including products ranging from fall, respiratory, head & face, hearing, and eye protection, to visibility/reflective clothing and protective apparel.
—   for Scott: American-based global PPE manufacturer, with a particular focus on self- contained breathing apparatus (‘SCBA’), which are primarily used by fire fighters and first responders, as well as on gas and flame detection.










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.8486 — 3M Company/Scott Safety, 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’).
Prior notification of a concentration (Case M.8481 — ABP Food Group/Fane Valley/Linden Foods) (Text with EEA relevance. )
Date: 2017-09-01
Institutions: European Commission
Subjects: cattle, economic concentration, meat processing industry, merger control, sheep, slaughter of animals








C_2017290EN.01001301.xml










1.9.2017   


EN


Official Journal of the European Union


C 290/13





Prior notification of a concentration
(Case M.8481 — ABP Food Group/Fane Valley/Linden Foods)
(Text with EEA relevance)
(2017/C 290/04)






1.


On 25 August 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 ABP Food Group (‘ABP’, Ireland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation jont control of the whole of Linden Foods Limited (‘Linden’, UK) together Fane Valley Co-Operative Society Limited (‘Fane Valley’, UK), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


ABP is active in the slaughtering of cattle and ovine animals, the processing of their meat and the collection and processing of associated animal by-products.










—


Fane Valley is a farmer owned cooperative society active in the slaughtering of cattle and ovine animals, the processing of their meat and the collection and processing of animal by-products. Fane Valley is also active in the production of breakfast cereals, edible offal and edible fat/protein, and operates retail shops and warehouses.










—


Linden is currently solely controlled by Fane Valley, and is active in the slaughtering and processing of beef and ovine animals.














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.8481 — ABP Food Group/Fane Valley/Linden Foods, 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’).
Euro exchange rates
Date: 2017-09-01
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017290EN.01000201.xml










1.9.2017   


EN


Official Journal of the European Union


C 290/2





Euro exchange rates (1)

31 August 2017
(2017/C 290/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1825 




JPY


Japanese yen


130,81 




DKK


Danish krone


7,4384 




GBP


Pound sterling


0,91973 




SEK


Swedish krona


9,4818 




CHF


Swiss franc


1,1446 




ISK


Iceland króna


 




NOK


Norwegian krone


9,2790 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,101 




HUF


Hungarian forint


306,63 




PLN


Polish zloty


4,2582 




RON


Romanian leu


4,5924 




TRY


Turkish lira


4,1063 




AUD


Australian dollar


1,5016 




CAD


Canadian dollar


1,4970 




HKD


Hong Kong dollar


9,2526 




NZD


New Zealand dollar


1,6571 




SGD


Singapore dollar


1,6094 




KRW


South Korean won


1 331,22 




ZAR


South African rand


15,4568 




CNY


Chinese yuan renminbi


7,8059 




HRK


Croatian kuna


7,4148 




IDR


Indonesian rupiah


15 782,10 




MYR


Malaysian ringgit


5,0506 




PHP


Philippine peso


60,587 




RUB


Russian rouble


69,1235 




THB


Thai baht


39,247 




BRL


Brazilian real


3,7410 




MXN


Mexican peso


21,0843 




INR


Indian rupee


75,5995 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.8559 — AUNDE/Bader/JV) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-09-01
Institutions: European Commission
Subjects: economic concentration, leather, merger control, motor vehicle industry, textile industry








C_2017290EN.01001401.xml










1.9.2017   


EN


Official Journal of the European Union


C 290/14





Prior notification of a concentration
(Case M.8559 — AUNDE/Bader/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 290/05)






1.


On 25 August 2017 the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings AUNDE Achter & Ebels GmbH, belonging to the Aunde Group (‘Aunde’, Germany) and controlled by CCBA GmbH & Co. KG, and Bader Holding GmbH, belonging to the Bader Group (‘Bader’, Germany) and controlled by Bader Gmbh & Co. KG, acquire within the meaning of Article 3(4) of the Merger Regulation joint control over AUNDE C & S GmbH (‘the JV’, Germany) by way of a purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


Aunde designs, manufactures and supplies yarns, technical textiles, seat covers, technical springs, complete seats, foam parts, interior and composite components for Original Equipment Manufacturers (‘OEMs’) under the brands ‘Aunde’, ‘Isringhausen’ and ‘Fehrer’,










—


Bader produces leather that can be used for seat covers and other interior part of a vehicle,










—


the JV will manufacture and supply textile and/or leather seat covers for passenger cars and light commercial vehicles to OEMs, primarily in the EEA.














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 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.8559 — AUNDE/Bader/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’).

(2)  OJ C 366, 14.12.2013, p. 5.
Corrigendum to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005)
Date: 2017-09-01
Institutions: Council of the European Union
Subjects: animal welfare, health certificate, protection of animals, transport of animals, veterinary inspection








L_2017226EN.01003101.xml










1.9.2017   


EN


Official Journal of the European Union


L 226/31







Corrigendum to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97

(
Official Journal of the European Union L 3 of 5 January 2005
)


On page 1, footnote 1:
for:







‘(1)


Opinion delivered on 30 March 2004 (not yet published in the Official Journal).’,





read:







‘(1)


Opinion delivered on 30 March 2004 (OJ C 103E, 29.4.2004, p. 412).’.
Case T-605/17: Action brought on 1 September 2017 — CX v Commission
Date: 2017-09-01
Institutions: General Court
Subjects: European official, legal basis, pay, staff regulations (EU)








C_2017374EN.01004401.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/44





Action brought on 1 September 2017 — CX v Commission
(Case T-605/17)
(2017/C 374/66)
Language of the case: French

Parties


Applicant: CX (represented by: É. Boigelot, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare his action admissible and well founded;










—


consequently,






—


annul the ‘debit note’, regarded by the Commission as a decision adversely affecting the applicant (‘the second contested decision’), dated 22 December 2016 (Annex A.1), under the reference Ares(2016)7145655, in so far as it requires the applicant to recover the ‘salaries paid in 2015 and 2016’;










—


annul the ‘preliminary information letter’ (‘the first contested decision’), of 28 October 2016 (Annex A.2), under the reference Ares(2016)6178919, which ostensibly constitutes its legal basis;










—


annul, to the extent necessary, the decision of 23 May 2017 (Annex A.5), under the reference Ares(2017)2620957, notified on the same day (Annex A.6), by which the appointing authority rejected the applicant’s complaint, which he had lodged on 27 January 2017, under the reference R/59/17 (Annex A.4), against the contested decisions;










—


order the defendant to pay all of the costs, in accordance with Article 134 of the Rules of Procedure of the General Court of the European Union.









Pleas in law and main arguments

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






1.


First plea in law, alleging a formal defect and a procedural defect, and that the appointing authority adopted the contested decisions on an erroneous legal basis, which justifies their annulment.










2.


Second plea in law, alleging that Article 85 of the Staff Regulations of Officials, upon which the appointing authority based itself, is manifestly inapplicable in the present case. In the applicant’s view, the recovery of undue payments is subject to two cumulative conditions: first, the payment which the administration seeks to recover must have been irregular, and second, the member of staff must have been aware of that irregularity or the irregularity must have been so obvious that the member of staff could not have failed to be aware of it, which is clearly not the case here.










3.


Third plea in law, alleging infringement of the formal and procedural rules by reason of the adoption of a decision devoid of any legal basis, in so far as it is maintained in that decision a posteriori that the measure justifying it is not, or is no longer, a measure adversely affecting the applicant.
Non-opposition to a notified concentration (Case M.8595 — GE/Macquarie/METT) (Text with EEA relevance. )
Date: 2017-09-01
Institutions: European Commission
Subjects: economic concentration, energy industry, investment company, merger control, wind energy








C_2017290EN.01000101.xml










1.9.2017   


EN


Official Journal of the European Union


C 290/1





Non-opposition to a notified concentration
(Case M.8595 — GE/Macquarie/METT)
(Text with EEA relevance)
(2017/C 290/01)
On 28 August 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 32017M8595. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.8616 — Partners Group/Civica) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-09-01
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control, provision of services








C_2017290EN.01001501.xml










1.9.2017   


EN


Official Journal of the European Union


C 290/15





Prior notification of a concentration
(Case M.8616 — Partners Group/Civica)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 290/06)






1.


On 25 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which certain investment funds advised and/or managed by Partners Group AG or its affiliates (‘Partners Group’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Civica Group Ltd (‘Civica’, United Kingdom) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Partners Group: private markets investments,
—   for Civica: provision of software and related IT 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 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.8616 — Partners Group/Civica, 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.