do-me/EUR-LEX huggingface dataset:
Case T-765/15: Judgment of the General Court of (Fourth Chamber) of 27 September 2017 — BelTechExport v Council (Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Suspension of measures — Obligation to state reasons — Rights of defence — Right to be heard — Error of assessment)
Date: 2017-09-27
Institutions: General Court
Subjects: Belarus, common foreign and security policy, economic sanctions, international sanctions, legal person, rights of the defence, trade restriction








C_2017382EN.01003902.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/39





Judgment of the General Court of (Fourth Chamber) of 27 September 2017 — BelTechExport v Council
(Case T-765/15) (1)

((Common foreign and security policy - Restrictive measures against Belarus - Freezing of funds - Suspension of measures - Obligation to state reasons - Rights of defence - Right to be heard - Error of assessment))
(2017/C 382/47)
Language of the case: English

Parties


Applicant: BelTechExport ZAO (Minsk, Belarus) (represented by: J. Jerņeva and E. Koškins, lawyers)

Defendant: Council of the European Union (represented by: F. Naert and J.-P. Hix, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: E. Paasivirta and L. Havas, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/1957 of 29 October 2015 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2015 L 284, p. 149), and of Council Regulation (EU) 2015/1948 of 29 October 2015 amending Regulation (EC) No 765/2006 concerning restrictive measures against Belarus (OJ 2015 L 284, p. 62), in so far as they concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BelTechExport ZAO to bear its own costs and pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 68, 22.2.2016.
Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Changes to public service obligations in respect of scheduled air services (Text with EEA relevance. )
Date: 2017-09-27
Institutions: European Commission
Subjects: Brittany, France, Ile-de-France, air transport, inland transport, services of general interest, transport regulations








C_2017320EN.01000801.xml










27.9.2017   


EN


Official Journal of the European Union


C 320/8





Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Changes to public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2017/C 320/07)






Member State


France




Route concerned


Lannion (Côte-de-Granit Rose) — Paris (Orly)




Original date of entry into force of the public service obligations


27 October 2003




Date of entry into force of the changes


23 March 2018




Address from which the text and any information and/or documentation relating to the public service obligations can be obtained


Decree of 18 September 2017 amending the public service obligations imposed on scheduled air services between Lannion and Paris (Orly)
NOR: TRAA1725604A
http://www.legifrance.gouv.fr/initRechTexte.do
Contact:





Direction Générale de l’Aviation Civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris cedex 15




FRANCE




Tel. +33 158094321




Email: osp-compagnies.dta@aviation-civile.gouv.fr
Case T-665/17: Action brought on 27 September 2017 – China Construction Bank v EUIPO — Groupement des cartes bancaires (CCB)
Date: 2017-09-27
Institutions: General Court
Subjects: EU trade mark, banking, financial services, registered trade mark, trade-mark law








C_2017402EN.01004901.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/49





Action brought on 27 September 2017 – China Construction Bank v EUIPO — Groupement des cartes bancaires (CCB)
(Case T-665/17)
(2017/C 402/65)
Language in which the application was lodged: English

Parties


Applicant: China Construction Bank Corp. (Beijing, China) (represented by: A. Carboni, J. Gibbs, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Groupement des cartes bancaires (Paris, France)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU word mark figurative mark containing the word element ‘CCB’ — Application for registration No 13 359 609

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 June 2017 in Case R 2265/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and remit the EU trade mark application no. 13 359 609 to the EUIPO to allow it to proceed to registration; and










—


order EUIPO and any intervening parties in this Appeal to pay their own costs and pay the Applicant’s costs of these proceedings and those of the appeal before the First Board of Appeal in Case R 2265/2016-1 and of Opposition B 2 524 422 before the Opposition Division.





Pleas in law







—


Infringement of Article 75 of Regulation EUTMR by basing its decision on reasons and evidence on which the Applicant had no opportunity to present its comments;










—


Infringement of Article 76(1) EUTMR by taking account of facts, evidence and arguments not submitted by either party and evidence which was not filed in the case;










—


Infringement of Article 8(1)(b) EUTMR as a result of the above infringements and also by incorrectly applying the guidance of the Courts as to how to assess the likelihood of confusion.
Case T-668/17: Action brought on 27 September 2017 — Maico Holding v EUIPO — Eico (Eico)
Date: 2017-09-27
Institutions: General Court
Subjects: EU trade mark, household article, household electrical appliance, registered trade mark, trade-mark law








C_2017382EN.01005801.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/58





Action brought on 27 September 2017 — Maico Holding v EUIPO — Eico (Eico)
(Case T-668/17)
(2017/C 382/72)
Language in which the application was lodged: German

Parties


Applicant: Maico Holding GmbH (Villingen-Schwenningen, Germany) (represented by: T. Krüger and D. Deckers, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Eico A/S (Brønderslev, Denmark)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU trade mark application No 13 706 726

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 July 2017 in Case R 2089/2016-4

Form of order sought

The applicant claims that the Court should:






—


Set aside the contested decision of the Fourth Board of Appeal of EUIPO of 27 July 2017, No R 2089/2016-4 Eico v Maico, and the opposition decision of 26 October 2016, No B 002528654, and amend them in such a way that the appeal and the opposition are upheld in their entirety;










—


order EUIPO to pay the costs of the proceedings, including the costs incurred in the appeal proceedings.





Plea in law







—


Infringement of Article 42 of Regulation No 207/2009, in conjunction with Article 8(1)(b) thereof.
Special Report No 14/2017 — ‘Performance review of case management at the Court of Justice of the European Union’
Date: 2017-09-27
Institutions: European Court of Auditors
Subjects: Court of Justice (EU), EU statistics, General Court (EU), backlog of court cases, benchmarking, case-law (EU), computer system, document management, management, operation of the Institutions








C_2017320EN.01000701.xml










27.9.2017   


EN


Official Journal of the European Union


C 320/7





Special Report No 14/2017
‘Performance review of case management at the Court of Justice of the European Union’
(2017/C 320/06)
The European Court of Auditors hereby informs you that Special Report No 14/2017 ‘Performance review of case management at the Court of Justice of the European Union’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Corrigendum to DG Employment, Social Affairs and Inclusion — Vacancy notice for a Director function (AD 14) — Brussels (Article 29(2) of the Staff Regulations) COM/2017/10375 (OJ C 271 A, 17.8.2017)
Date: 2017-09-27
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: Brussels region, administrator, competition (EU), job vacancy, managing director








CA2017320EN.01000201.xml










27.9.2017   


EN


Official Journal of the European Union


CA 320/2





Corrigendum to DG Employment, Social Affairs and Inclusion — Vacancy notice for a Director function (AD 14) — Brussels (Article 29(2) of the Staff Regulations)
COM/2017/10375
(
Official Journal of the European Union C 271 A of 17 August 2017
)
(2017/C 320 A/02)
On page 8, ‘Closing date’, first paragraph:

for:


‘The closing date for registration is 29 September 2017, 12.00 noon Brussels time, after which online registrations will not be possible anymore.’,


read:


‘The closing date for registration is 13 October 2017, 12.00 noon Brussels time, after which online registrations will not be possible anymore.’.
Non-opposition to a notified concentration (Case M.8609 — Triton/Unihold/Unica Group) (Text with EEA relevance. )
Date: 2017-09-27
Institutions: European Commission
Subjects: economic concentration, heating, holding company, investment company, merger control, thermal equipment








C_2017320EN.01000101.xml










27.9.2017   


EN


Official Journal of the European Union


C 320/1





Non-opposition to a notified concentration
(Case M.8609 — Triton/Unihold/Unica Group)
(Text with EEA relevance)
(2017/C 320/01)
On 19 September 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 32017M8609. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-366/16: Order of the General Court of 27 September 2017 — Gaki v Europol (Action for annulment and damages — Failure to comply with procedural requirements — Applications seeking an injunction — Manifest inadmissibility — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law)
Date: 2017-09-27
Institutions: General Court
Subjects: European arrest warrant, Germany, Greece, access to EU information, information system, personal data, residence, right to justice








C_2017402EN.01003501.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/35





Order of the General Court of 27 September 2017 — Gaki v Europol
(Case T-366/16) (1)

((Action for annulment and damages - Failure to comply with procedural requirements - Applications seeking an injunction - Manifest inadmissibility - Manifest lack of jurisdiction - Action manifestly lacking any foundation in law))
(2017/C 402/46)
Language of the case: German

Parties


Applicant: Anastasia-Soultana Gaki (Düsseldorf, Germany) (represented by: initially by A. Heinen, and subsequently by G. Keisers, lawyers)

Defendant: European Union Agency for Law Enforcement Cooperation (Europol) (represented by: D. Neumann and S. Ryder, acting as Agents, and by R. van der Hout and P. Lux, lawyers)

Re:

Application under Article 263 TFEU requesting that, in essence, Europol be ordered to undertake certain actions, and seeking annulment of the decision of the Joint Supervisory Body of Europol of 4 May 2016 concerning a complaint filed by the applicant, and application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered.

Operative part of the order







1.


The action is dismissed.










2.


Ms Anastasia-Soultana Gaki is ordered to pay the costs.






(1)  OJ C 402, 31.10.2016.
New national side of euro coins intended for circulation
Date: 2017-09-27
Institutions: European Commission
Subjects: Andorra, commemoration, euro, issuing of currency




C_2017320EN.01000601.xml










27.9.2017   


EN


Official Journal of the European Union


C 320/6





New national side of euro coins intended for circulation
(2017/C 320/05)



Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuance of euro coins are authorised to issue commemorative euro coins intended for circulation, provided that certain conditions are met, one of these being that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national side features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: The Principality of Andorra


Subject of commemoration
: 100 years of the anthem of Andorra


Description of the design
: The design depicts a partial reproduction of the anthem of Andorra published in 1914. The central part of the design reproduces the first notes of the anthem flanked by an ornamentation of floral style and the inscription ‘Himne Andorrà’ (Andorran anthem).
The upper part of the design shows the year of issuance ‘2017’ and the inscription ‘100 anys de l’himne d’Andorra’ (100 years of the anthem of Andorra).
This coin commemorates the 100th anniversary of its admission as the national anthem of Andorra by agreement of the Consell General (Andorran Parliament) of 2 April 1917.
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 


Date of issue
: December 2017


(1)  See OJ C 373, 28.12.2001, p. 1 for the national sides of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Prior notification of a concentration (Case M.8641 — Jacobs Engineering Group/CH2M HILL Companies) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-09-27
Institutions: European Commission
Subjects: civil engineering, consultancy, economic concentration, merger control, provision of services, town-planning profession








C_2017320EN.01001201.xml










27.9.2017   


EN


Official Journal of the European Union


C 320/12





Prior notification of a concentration
(Case M.8641 — Jacobs Engineering Group/CH2M HILL Companies)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 320/10)






1.


On 20 September 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Jacobs Engineering Group Inc. (‘Jacobs’, US),










—


CH2M HILL Companies Ltd (‘CH2M’, US).




Jacobs acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of CH2M.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Jacobs: provision of technical, professional, and construction services to a large number of industrial, commercial and governmental clients;
—   for CH2M: provision of professional consulting services across a full spectrum of technical consulting, engineering, construction management and operations and maintenance projects.










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 the 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. The following reference should always be specified:
M.8641 — Jacobs Engineering Group/CH2M HILL Companies
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 229-64301




Postal 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-664/17: Action brought on 27 September 2017 — eSlovensko v Commission
Date: 2017-09-27
Institutions: General Court
Subjects: EU aid, European Development Fund, audit, award of contract, financial aid, tendering








C_2017424EN.01004501.xml










11.12.2017   


EN


Official Journal of the European Union


C 424/45





Action brought on 27 September 2017 — eSlovensko v Commission
(Case T-664/17)
(2017/C 424/66)
Language of the case: English

Parties


Applicant: eSlovensko (Lučenec, Slovakia) (represented by: F. Branislav, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision Ref. ARES(2017)3107844-21/06/2017 of the European Commission excluding the applicant from participating in all procurement and grant award procedures governed by Regulation No 966/2012 and from the award of funds governed by Regulation 2015/323;










—


order the defendant to conduct a new audit, reviewing its findings as to admissible costs;










—


order the defendant to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging misuse of powers, particularly improper legal evaluation of facts and findings.






—


The applicant argues that there was no reasonable basis for the Commission’s decision.














2.


Second plea in law, alleging inadequate justification of the contested decision.






—


The Commission evidently failed to properly and impartially review all circumstances of the case.
Euro exchange rates
Date: 2017-09-27
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017320EN.01000401.xml










27.9.2017   


EN


Official Journal of the European Union


C 320/4





Euro exchange rates (1)

26 September 2017
(2017/C 320/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1787 




JPY


Japanese yen


131,99 




DKK


Danish krone


7,4404 




GBP


Pound sterling


0,87775 




SEK


Swedish krona


9,5473 




CHF


Swiss franc


1,1452 




ISK


Iceland króna


 




NOK


Norwegian krone


9,2843 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,056 




HUF


Hungarian forint


310,77 




PLN


Polish zloty


4,2824 




RON


Romanian leu


4,6013 




TRY


Turkish lira


4,1739 




AUD


Australian dollar


1,4944 




CAD


Canadian dollar


1,4605 




HKD


Hong Kong dollar


9,2083 




NZD


New Zealand dollar


1,6369 




SGD


Singapore dollar


1,5968 




KRW


South Korean won


1 341,55 




ZAR


South African rand


15,7329 




CNY


Chinese yuan renminbi


7,8189 




HRK


Croatian kuna


7,4930 




IDR


Indonesian rupiah


15 785,15 




MYR


Malaysian ringgit


4,9662 




PHP


Philippine peso


60,018 




RUB


Russian rouble


67,9870 




THB


Thai baht


39,139 




BRL


Brazilian real


3,7299 




MXN


Mexican peso


21,1825 




INR


Indian rupee


77,1935 






(1)  Source: reference exchange rate published by the ECB.
Case T-663/17: Action brought on 27 September 2017 — Sahece and Others v SRB
Date: 2017-09-27
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017424EN.01004402.xml










11.12.2017   


EN


Official Journal of the European Union


C 424/44





Action brought on 27 September 2017 — Sahece and Others v SRB
(Case T-663/17)
(2017/C 424/65)
Language of the case: Spanish

Parties


Applicants: Sahece, SA (Carrión de los Céspedes, Spain) and 20 other applicants (represented by: M. Romero Rey and I. Salama Salama, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicants claim that the General Court should:






—


On the basis of Article 263 TFEU, annul Decision SRB/EES/2017/08 of the Single Resolution Board (SRB) of 7 June 2017 adopting a resolution scheme in respect of the Banco Popular Español, S.A.;










—


In accordance with Article 340(2) TFEU and Article 41(3) of the Charter of Fundamental Rights of the European Union, order the Single Resolution Board to pay compensation to the applicants for the harm suffered, in a precise amount which will be determined once the information required by the applicants’ representatives is provided in full and, in particular Deloitte’s provisional report and those prepared by independent experts in accordance with Regulation (EU) No 806/2014, access to which is hereby requested;










—


In accordance with Articles 133 and 134 of the Rules of Procedure of the General Court, order the Single Resolution Board to pay the costs of these proceedings.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.