do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2017/1560 of 14 September 2017 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
Date: 2017-09-14
Institutions: Council of the European Union
Subjects: arms control, economic sanctions, international sanctions, legal person, natural person, non-proliferation of arms, removal, terrorism, trade restriction




L_2017237EN.01007101.xml










15.9.2017   


EN


Official Journal of the European Union


L 237/71








            COUNCIL DECISION (CFSP) 2017/1560
of 14 September 2017
         
amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (1),


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 20 September 2016, the Council adopted Decision (CFSP) 2016/1693.












(2)


The restrictive measures set out in Article 2(2) and Article 3(3) and (4) of Decision (CFSP) 2016/1693 apply until 23 September 2017. On the basis of a review of that Decision, the restrictive measures should be extended until 31 October 2018.












(3)


Decision (CFSP) 2016/1693 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 6 (5) of Decision (CFSP) 2016/1693 is replaced by the following:


‘5.   The measures referred to in Article 2(2) and Article 3(3) and (4) shall apply until 31 October 2018.’.




Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 14 September 2017.


For the Council


The President

A. ANVELT
            





(1)  
            OJ L 255, 21.9.2016, p. 25.
Non-opposition to a notified concentration (Case M.8598 — BNPP/Starwood/Hotel Portfolio) (Text with EEA relevance. )
Date: 2017-09-14
Institutions: European Commission
Subjects: banking, catering industry, economic concentration, hotel industry, merger control








C_2017303EN.01000101.xml










14.9.2017   


EN


Official Journal of the European Union


C 303/1





Non-opposition to a notified concentration
(Case M.8598 — BNPP/Starwood/Hotel Portfolio)
(Text with EEA relevance)
(2017/C 303/01)
On 30 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 32017M8598. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-542/17 P: Appeal brought on 14 September 2017 by Allstate Insurance Company against the judgment of the General Court (First Chamber) delivered on 5 July 2017 in Case T-3/16: Allstate Insurance Company v European Union Intellectual Property Office
Date: 2017-09-14
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2018013EN.01000201.xml










15.1.2018   


EN


Official Journal of the European Union


C 13/2





Appeal brought on 14 September 2017 by Allstate Insurance Company against the judgment of the General Court (First Chamber) delivered on 5 July 2017 in Case T-3/16: Allstate Insurance Company v European Union Intellectual Property Office
(Case C-542/17 P)
(2018/C 013/02)
Language of the case: English

Parties


Appellant: Allstate Insurance Company (represented by: G. Würtenberger, Rechtsanwalt, R. Kunze, Solicitor)

Other party to the proceedings: European Union Intellectual Property Office

Form of order sought

The appellant claims that the Court should:






—


annul the judgment of the General Court of 5 July 2017 in case T-3/16;










—


grant the action for annulment brought by the appellant against the Board of Appeal’s decision of 8 October 2015 in Case R 956/2015-2;










—


order the respondent to bear the costs of the proceedings.





Pleas in law and main arguments







1.


The appellant claims that the General Court infringed Articles 7(1)(c) and 7(2) EUTMR (1) by applying erroneous criteria in the assessment of the absolute ground of descriptiveness within the meaning of the aforementioned provision.










2.


By not assessing the absolute ground of descriptiveness with regard to the actual goods and services seeking protection the General Court also failed to provide reasons for its decision and infringed Article 75 EUTMR.










3.


Moreover, the General Court’s decision under review is based on a distortion of facts in as much as the Court did not asses the absolute grounds for refusal on the basis of the applied-for goods and services but on the basis of a presumed specification claim being the result of an interpretation, i.e. distortion, of the actual specification of goods and services.










4.


Had the General Court adhered to the fundamental principles of law, including the right to state reasons in support of a decision, it would have granted the action brought before it on account of the considerations made further below.










5.


The errors committed are of substantial legal nature. Accordingly, the appellant will set out the reasons why the General Court would have had to conclude that the pleas in law raised before it were well founded on account of an infringement of acknowledged principles of due process of law as well as in light of the pertinent provisions of the EUTMR based on the facts given before the Board of Appeal.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009, L 78, p. 1).
Case C-592/16: Order of the President of the Court of 14 September 2017 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Cabinet d’Orthopédie Stainier SPRL v Belgium State
Date: 2017-09-14
Institutions: Court of Justice
Subjects: balance sheet, closing of accounts, financial year, reserves, share








C_2017402EN.01002001.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/20





Order of the President of the Court of 14 September 2017 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Cabinet d’Orthopédie Stainier SPRL v Belgium State
(Case C-592/16) (1)

(2017/C 402/25)
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 38, 6.2.2017.
Case T-103/16: Judgment of the General Court of 14 September 2017 — Aldi Einkauf v EUIPO — Weetabix (Alpenschmaus) (EU trade mark — Opposition proceedings — Application for EU figurative mark Alpenschmaus — Earlier EU word mark ALPEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2017-09-14
Institutions: General Court
Subjects: EU trade mark, confectionery product, food cereals, registered trade mark, trade-mark law








C_2017369EN.01001102.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/11





Judgment of the General Court of 14 September 2017 — Aldi Einkauf v EUIPO — Weetabix (Alpenschmaus)
(Case T-103/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Alpenschmaus - Earlier EU word mark ALPEN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2017/C 369/15)
Language of the case: German

Parties


Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and N. Bertram, lawyers)

Defendant: European Union Intellectual Property Office (represented by: initially E. Strittmatter and A. Folliard-Monguiral, and subsequently A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Weetabix Ltd (Kettering, United Kingdom) (represented by: M. Finger and T. Farkas, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 2725/2014-4) relating to opposition proceedings between Weetabix and Aldi Einkauf.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Aldi Einkauf GmbH & Co. OHG to pay the costs relating to the present proceedings.






(1)  OJ C 156, 2.5.2016.
State aid — Decision to raise no objections
Date: 2017-09-14
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, environmental protection, maritime cabotage, transport policy








C_2017303EN.01000501.xml










14.9.2017   


EN


Official Journal of the European Union


C 303/5





State aid — Decision to raise no objections
(2017/C 303/06)
The EFTA Surveillance Authority raises no objections to the following State aid measure:








Date of adoption of the decision



:


20 June 2017





Case No



:


80745





Decision No



:


103/17/COL





EFTA State



:


Norway





Title (and/or name of the beneficiary)



:


Aid scheme for short sea shipping — increased budget





Legal basis



:


The Norwegian Parliament decides on the scope of the aid scheme in its annual decisions on the state budget.





Type of measure



:


Scheme





Objective



:


Environmental protection





Form of aid



:


Direct grants





Budget



:


NOK 82 million for 2017 and NOK 100 million for 2018 to 2021





Intensity



:


Up to 30 % of operational cost





Duration



:


First quarter of 2017 to the first quarter of 2022 (5 years)





Economic sectors



:


Transport





Name and address of the granting authority



:







The Ministry of Transport and Communications/The Norwegian Coastal Administration




P.O. Box 1502




N-6025 Ålesund




NORWAY









Other information



:




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Euro exchange rates
Date: 2017-09-14
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017303EN.01000301.xml










14.9.2017   


EN


Official Journal of the European Union


C 303/3





Euro exchange rates (1)

13 September 2017
(2017/C 303/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1979 




JPY


Japanese yen


131,79 




DKK


Danish krone


7,4404 




GBP


Pound sterling


0,90243 




SEK


Swedish krona


9,5475 




CHF


Swiss franc


1,1496 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3983 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,101 




HUF


Hungarian forint


308,02 




PLN


Polish zloty


4,2798 




RON


Romanian leu


4,6013 




TRY


Turkish lira


4,1232 




AUD


Australian dollar


1,4909 




CAD


Canadian dollar


1,4542 




HKD


Hong Kong dollar


9,3586 




NZD


New Zealand dollar


1,6451 




SGD


Singapore dollar


1,6118 




KRW


South Korean won


1 349,96 




ZAR


South African rand


15,7095 




CNY


Chinese yuan renminbi


7,8249 




HRK


Croatian kuna


7,4680 




IDR


Indonesian rupiah


15 815,27 




MYR


Malaysian ringgit


5,0198 




PHP


Philippine peso


61,057 




RUB


Russian rouble


69,0768 




THB


Thai baht


39,639 




BRL


Brazilian real


3,7521 




MXN


Mexican peso


21,2826 




INR


Indian rupee


76,6655 






(1)  Source: reference exchange rate published by the ECB.
Case T-751/15: Judgment of the General Court of 14 September 2017 — Contact Software v Commission (Competition — Abuse of a dominant position — Markets for computer-aided design software and for interface information about that software — Decision to reject a complaint — Relevant market — Manifest error of assessment — No EU interest)
Date: 2017-09-14
Institutions: General Court
Subjects: competition policy, dominant position, motor vehicle industry, software, supplier








C_2017369EN.01000902.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/9





Judgment of the General Court of 14 September 2017 — Contact Software v Commission
(Case T-751/15) (1)

((Competition - Abuse of a dominant position - Markets for computer-aided design software and for interface information about that software - Decision to reject a complaint - Relevant market - Manifest error of assessment - No EU interest))
(2017/C 369/12)
Language of the case: German

Parties


Applicant: Contact Software GmbH (Bremen, Germany) (represented by: J.-M. Schultze, S. Pautke and C. Ehlenz, lawyers)

Defendant: European Commission (represented by: C. Vollrath, I. Zaloguin and L. Wildpanner, acting as Agents)

Intervener in support of the defendant: Dassault systèmes (Vélizy-Villacoublay, France) (represented by: R. Snelders, lawyer, and J. Messent, Barrister)

Re:

Application based on Article 263 TFEU and seeking the partial annulment of Commission Decision C(2015) 7006 final of 9 October 2015 rejecting the complaint lodged by the applicant regarding infringements of Article 102 TFEU allegedly committed by Dassault systèmes and Parametric Technology Corp. on certain markets for computer-aided design software and certain markets for interface information about that software (Case COMP/39846 — Contact/Dassault & Parametric).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Contact Software GmbH to bear its own costs and to pay the costs of the European Commission;










3.


Orders Dassault systèmes to bear its own costs.






(1)  OJ C 68, 22.2.2016.
European Parliament legislative resolution of 14 September 2017 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Chile on trade in organic products (05530/2017 — C8-0144/2017 — 2016/0383(NLE))
Date: 2017-09-14
Institutions: Committee on Agriculture and Rural Development, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Chile, agricultural trade, eco-label, labelling, organic farming, organic product, originating product, ratification of an agreement, trade agreement (EU), trade cooperation








C_2018337EN.01034101.xml










20.9.2018   


EN


Official Journal of the European Union


C 337/341






P8_TA(2017)0352
EU-Chile Agreement on trade in organic products ***
European Parliament legislative resolution of 14 September 2017 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Chile on trade in organic products (05530/2017 — C8-0144/2017 — 2016/0383(NLE))
(Consent)
(2018/C 337/40)

The European Parliament,






—


having regard to the draft Council decision (05530/2017),










—


having regard to the draft Agreement between the European Union and the Republic of Chile on trade in organic products (05551/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, Article 218(6), second subparagraph, point (a)(v) and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0144/2017),










—


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 International Trade and the opinion of the Committee on Agriculture and Rural Development (A8-0257/2017),












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 Chile.
Case T-621/17: Action brought on 14 September 2017 — Taminco and Arysta LifeScience Great Britain/EFSA
Date: 2017-09-14
Institutions: General Court
Subjects: European Chemicals Agency, confidentiality, dangerous substance, dissemination of information, market approval, plant health control, plant health product, powers of the institutions (EU), rights of the defence








C_2017374EN.01004601.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/46





Action brought on 14 September 2017 — Taminco and Arysta LifeScience Great Britain/EFSA
(Case T-621/17)
(2017/C 374/69)
Language of the case: English

Parties


Applicants: Taminco BVBA (Gent, Belgium), Arysta LifeScience Great Britain Ltd (Edinburgh, United Kingdom) (represented by: C. Mereu and M. Grunchard, lawyers)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

The applicants claim that the Court should:






—


Annul the decision of the European Food Safety Authority of 18 July 2017, notified to the applicants on 20 July 2017, on the assessment of the confidentiality claims made in relation to the application for renewal of the approval process for Thiram as an active substance;










—


order the defendant to bear the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law.






1.


First plea in law, alleging the absence of a legal basis for publication.






—


The applicants maintain that publication would be ultra vires given that there is no legal basis upon which the defendant could rely to justify publication, be it under Regulation 1107/2009, Regulation 178/2002 or Commission Implementing Regulation No 844/2012.














2.


Second plea in law, alleging that the defendant acted ultra vires in its proposed classification of Thiram since the European Chemicals Agency is the only authority legally responsible for classification or reclassification of substances, as set out in Regulation 1272/2008, and the defendant lacks powers in this regard.










3.


Third plea in law, alleging that the defendant breached fundamental rights of the defence by failing to guarantee the applicants a full, proper and effective opportunity to submit comments on a proposed reclassification of its substance.










4.


Fourth plea in law, alleging that the defendant infringed Article 63 of Regulation 1107/2009 by deciding to publish the information which the applicants sought to have sanitized, which might undermine their commercial interests.
Case C-320/15: Judgment of the Court (Tenth Chamber) of 14 September 2017 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Article 4(1) and (3) — Secondary or equivalent treatment)
Date: 2017-09-14
Institutions: Court of Justice
Subjects: Central Greece, Central Macedonia, Eastern Macedonia and Thrace, infringement of EU law, wastewater, water pollution, water protection, water treatment








C_2017382EN.01000601.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/6





Judgment of the Court (Tenth Chamber) of 14 September 2017 — European Commission v Hellenic Republic
(Case C-320/15) (1)

((Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Urban waste water treatment - Article 4(1) and (3) - Secondary or equivalent treatment))
(2017/C 382/04)
Language of the case: Greek

Parties


Applicant: European Commission (represented by: G. Zavvos and E. Manhaeve, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: C. Brodie and J. Kraehling, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by not having ensured secondary or equivalent treatment of urban waste water from the agglomerations of Prosotsani, Doxato, Eleftheroupoli, Vagia and Galatista, whose population equivalent is between 2 000 and 10 000, the Hellenic Republic has failed to fulfil its obligations under Article 4(1) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission and the Hellenic Republic to bear their own costs.






(1)  OJ C 328, 5.10.2015.
European Parliament legislative resolution of 14 September 2017 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union (06750/2017 — C8-0225/2017 — 2017/0042(NLE))
Date: 2017-09-14
Institutions: Committee on International Trade, European Parliament
Subjects: Chile, Croatia, accession to the European Union, association agreement (EU), protocol to an agreement, ratification of an agreement, revision of an agreement








C_2018337EN.01034201.xml










20.9.2018   


EN


Official Journal of the European Union


C 337/342






P8_TA(2017)0353
Protocol to the EU-Chile Association Agreement (accession of Croatia) ***
European Parliament legislative resolution of 14 September 2017 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union (06750/2017 — C8-0225/2017 — 2017/0042(NLE))
(Consent)
(2018/C 337/41)

The European Parliament,






—


having regard to the draft Council decision (06750/2017),










—


having regard to the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union (06905/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6) second subparagraph, point (a)(i) of the Treaty on the Functioning of the European Union (C8-0225/2017),










—


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 International Trade (A8-0277/2017),












1.


Gives its consent to conclusion 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 and of Chile.