do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8662 — Total/Mærsk Olie og Gas) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-11-09
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy industry, energy production, gas industry, merger control, oil industry








C_2017377EN.01002501.xml










9.11.2017   


EN


Official Journal of the European Union


C 377/25





Prior notification of a concentration
(Case M.8662 — Total/Mærsk Olie og Gas)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 377/15)






1.


On 25 October 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:






—


Total SA (France),










—


Mærsk Olie og Gas A/S (Denmark), belonging to the group A.P. Møller-Mærsk A/S (Denmark).




Total SA acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Mærsk Olie og Gas A/S.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Total SA is an international integrated energy producer and provider, active in all sectors of the oil and gas industry, as well as in power generation,










—


Mærsk Olie og Gas A/S is an oil and gas company active in the exploration, production and trading of crude oil and natural gas.














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.8662 — Total/Mærsk Olie og Gas
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 22964301




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.
State aid — Decision to raise no objections
Date: 2017-11-09
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, carbon capture and storage, control of State aid, environmental protection, financial aid








C_2017377EN.01000901.xml










9.11.2017   


EN


Official Journal of the European Union


C 377/9





State aid — Decision to raise no objections
(2017/C 377/09)
The EFTA Surveillance Authority raises no objections to the following state aid measure:








Date of adoption of the decision



:


8 August 2017





Case No



:


80872





Decision No



:


146/17/COL





EFTA State



:


Norway





Region



:


The county of Hordaland





Title (and/or name of the beneficiary)



:


Continued financing of CO2 Technology Centre Mongstad





Legal basis



:


The budget for 2017 (Meld. St. 1 (2016-2017), Innst. 2 S (2016-2017)





Type of measure



:


Individual aid





Objective



:


Environmental protection





Form of aid



:


Grant, Other





Budget



:


NOK 652 million





Intensity



:


81 %





Duration



:


2017 - 2020





Economic sectors



:


Electricity, gas and water supply





Name and address of the granting authority



:







Gassnova SF




Dokkvegen 10




NO-3920 Porsgrunn




NORWAY









Ministry of Petroleum and Energy




Akersgata 59, 0033 Oslo




PO Box 8148 Dep.




NO-0033 Oslo




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/
Non-opposition to a notified concentration (Case M.7764 — EDF/Areva reactor business) (Text with EEA relevance. )
Date: 2017-11-09
Institutions: European Commission
Subjects: economic concentration, energy industry, merger control, nuclear power station








C_2017377EN.01000502.xml










9.11.2017   


EN


Official Journal of the European Union


C 377/5





Non-opposition to a notified concentration
(Case M.7764 — EDF/Areva reactor business)
(Text with EEA relevance)
(2017/C 377/05)
On 29 May 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 French 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 32017M7764. 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.8687 — Prisko/OKD Nástupnická) (Text with EEA relevance. )
Date: 2017-11-09
Institutions: European Commission
Subjects: coal industry, economic concentration, merger control








C_2017377EN.01002601.xml










9.11.2017   


EN


Official Journal of the European Union


C 377/26





Prior notification of a concentration
(Case M.8687 — Prisko/OKD Nástupnická)
(Text with EEA relevance)
(2017/C 377/16)






1.


On 30 October 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:






—


Prisko a.s (‘Prisko’, Czech Republic)










—


OKD Nástupnická a.s (‘OKD’, Czech Republic)




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










2.


The business activities of the undertakings concerned are:






—


Prisko manages assets of the the Ministry of Finance of the Czech Republic,










—


OKD is active in the the market of extraction and sale of coal.














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. The following reference should always be specified:
M.8687 — Prisko/OKD Nástupnická
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 22964301




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’).
Case T-743/17: Action brought on 9 November 2017 — Bischoff v EUIPO — Miroglio Fashion (CARACTÈRE)
Date: 2017-11-09
Institutions: General Court
Subjects: EU trade mark, clothing, cosmetic product, footwear industry, jewellery and goldsmith's articles, leather, registered trade mark, retail trade, textile product, trade-mark law








C_2018013EN.01002901.xml










15.1.2018   


EN


Official Journal of the European Union


C 13/29





Action brought on 9 November 2017 — Bischoff v EUIPO — Miroglio Fashion (CARACTÈRE)
(Case T-743/17)
(2018/C 013/44)
Language in which the application was lodged: French

Parties


Applicant: Bischoff GmbH (Muggensturm, Germany) (represented by: D. Régnier, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Miroglio Fashion Srl (Alba, Italy)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Miroglio Fashion Srl

Trade mark at issue: European Union word mark ‘CARACTÈRE’ — European Union trade mark No 7 061 922

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 20 July 2017 in Case R 328/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in that it dismissed the appeal of the company Bischoff seeking a declaration of invalidity of the mark No 007061922 for the goods and services in Classes 14, 18, 24, 25 and 35;










—


order EUIPO and the company Miroglio Fashion to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) of Regulation No 207/2009;










—


Infringement of Article 7(1) of Regulation No 207/2009.
Case C-632/17: Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich (Poland) lodged on 9 November 2017 — Powszechna Kasa Oszczędności (PKO) Bank Polski S.A. v Jacek Michalski
Date: 2017-11-09
Institutions: Court of Justice
Subjects: claim, consumer credit, consumer protection








C_2018104EN.01001301.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/13





Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich (Poland) lodged on 9 November 2017 — Powszechna Kasa Oszczędności (PKO) Bank Polski S.A. v Jacek Michalski
(Case C-632/17)
(2018/C 104/16)
Language of the case: Polish

Referring court

Sąd Rejonowy w Siemianowicach Śląskich

Parties to the main proceedings


Applicant: Powszechna Kasa Oszczędności (PKO) Bank Polski S.A.

Defendant: Jacek Michalski

Question referred

Must the provisions of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, (1) and in particular Article 6(1) and Article 7(1) thereof, and the provisions of Directive 2008/48/EC of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, (2) and in particular Article 10 and Article 22(1) thereof, be interpreted as precluding the pursuit of a claim by a bank (the creditor) against a consumer (the debtor) on the basis of a banking ledger excerpt, signed by persons authorised to make statements regarding the bank’s property rights and obligations and bearing the bank’s stamp, and on the basis of proof that a request for payment had been submitted to the debtor in writing, in the context of an order-for-payment procedure as defined in Article 485 § 3 et seq. of the Polish Code of Civil Procedure?


(1)  OJ 1993 L 95, p. 29.

(2)  OJ 2008 L 133, p. 66.
Case C-657/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — Viasat Broadcasting UK Ltd v TV2/Danmark A/S (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark)
Date: 2017-11-09
Institutions: Court of Justice
Subjects: Denmark, State aid, advertising, broadcasting, control of State aid, public sector, services of general interest, television








C_2018005EN.01000501.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/5





Judgment of the Court (First Chamber) of 9 November 2017 — Viasat Broadcasting UK Ltd v TV2/Danmark A/S
(Case C-657/15 P) (1)

((Appeal - State aid - Article 107(1) TFEU - Public broadcasting service - Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark - Concept of ‘aid granted by a Member State or through State resources’ - Judgment in Altmark))
(2018/C 005/06)
Language of the case: Danish

Parties


Appellant: Viasat Broadcasting UK Ltd (represented by: M. Honoré and S. Kalsmose-Hjelmborg, advokater)

Other parties to the proceedings: TV2/Danmark A/S (represented by: O. Koktvedgaard, advokat), European Commission (represented by: B. Stromsky, T. Maxian Rusche and L. Grønfeldt, Agents), Kingdom of Denmark (represented by: C. Thorning, Agent, and by R. Holdgaard, advokat)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 24 September 2015, TV2/Danmark v Commission (T-674/11, EU:T:2015:684), to the extent that it annulled Commission Decision 2011/839/EU of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark in that the European Commission held that the advertising revenue for the years 1995 and 1996 paid to TV2/Danmark through the TV2 Fund constituted State aid;










2.


Dismisses the appeal for the remainder;










3.


Dismisses the action brought by TV2/Danmark A/S seeking the annulment of Decision 2011/839;










4.


Orders TV2/Danmark A/S to bear its own costs and to pay one half of the costs incurred by Viasat Broadcasting UK Ltd in relation to this appeal as well as all the costs incurred by the latter at first instance;










5.


Orders Viasat Broadcasting UK Ltd to bear one half of its own costs in relation to this appeal;










6.


Orders the European Commission and the Kingdom of Denmark to bear their own costs.






(1)  OJ C 222, 20.6.2016.
Case T-564/16: Order of the General Court of 9 November 2017 — Bowles v ECB (Civil service — ECB Staff — Remuneration — Salary increase — Members of the Staff Committee — Eligibility — Action for annulment — No need to adjudicate — Action for damages — Action manifestly lacking any foundation in law)
Date: 2017-11-09
Institutions: General Court
Subjects: European official, indemnification, pay rise, staff regulations (EU)








C_2018013EN.01001702.xml










15.1.2018   


EN


Official Journal of the European Union


C 13/17





Order of the General Court of 9 November 2017 — Bowles v ECB
(Case T-564/16) (1)

((Civil service - ECB Staff - Remuneration - Salary increase - Members of the Staff Committee - Eligibility - Action for annulment - No need to adjudicate - Action for damages - Action manifestly lacking any foundation in law))
(2018/C 013/29)
Language of the case: French

Parties


Applicant: Carlos Bowles (Frankfurt am Main, Germany) (represented by: initially by L. Levi and A. Tymen, and subsequently by L. Levi, lawyers)

Defendant: European Central Bank (ECB) (represented by: F. Malfrère and E. Carlini, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU seeking, first, annulment of (i) the decision of 24 February 2015, communicated to staff on 13 March 2015, whereby the ECB refused to grant the applicant an additional salary increase for the year 2015 and (ii) the decision dismissing the special appeal of 9 July 2015, and, second, compensation for the damage which the applicant claims to have suffered.

Operative part of the order







1.


There is no longer any need to adjudicate on the claim for annulment.










2.


The action is dismissed as to the remainder, as manifestly lacking any foundation in law.










3.


Each party is ordered to bear its own costs.






(1)  OJ C 16, 18.1.2016 (Case initially registered before the European Union Civil Service Tribunal as Case F-130/15 and transferred to the General Court of the European Union on 1 September 2016).
Case C-489/15: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Landgericht Berlin (Germany)) — CTL Logistics GmbH v DB Netz AG (Reference for a preliminary ruling — Rail transport — Directive 2001/14/EC — Infrastructure charges — Pricing — National regulatory body monitoring the conformity of those infrastructure charges with that directive — Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking — Principle of non-discrimination — Reimbursement of the charges without intervention by that body and outside the claims procedures involving it — National legislation enabling the civil courts to set a fair amount in the case of unfair charges)
Date: 2017-11-09
Institutions: Court of Justice
Subjects: charges for use of infrastructure, equal treatment, rail transport








C_2018005EN.01000301.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/3





Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Landgericht Berlin (Germany)) — CTL Logistics GmbH v DB Netz AG
(Case C-489/15) (1)

((Reference for a preliminary ruling - Rail transport - Directive 2001/14/EC - Infrastructure charges - Pricing - National regulatory body monitoring the conformity of those infrastructure charges with that directive - Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking - Principle of non-discrimination - Reimbursement of the charges without intervention by that body and outside the claims procedures involving it - National legislation enabling the civil courts to set a fair amount in the case of unfair charges))
(2018/C 005/03)
Language of the case: German

Referring court

Landgericht Berlin (Germany)

Parties to the main proceedings


Applicant: CTL Logistics GmbH

Defendant: DB Netz AG

Operative part of the judgment

The provisions of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004, in particular Article 4(5) and Article 30(1), (3), (5) and (6) of that directive, as amended, must be interpreted as meaning that they preclude the application of national legislation, such as that at issue in the main proceedings, which provides for a review of the equity of charges for the use of railway infrastructure, on a case-by-case basis, by the ordinary courts and the possibility, if necessary, of amending the amount of those charges, independently of the monitoring carried out by the regulatory body provided for in Article 30 of Directive 2001/14, as amended by Directive 2004/49.


(1)  OJ C 406, 7.12.2015.
Case C-656/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — European Commission v TV2/Danmark A/S, Kingdom of Denmark, Viasat Broadcasting UK Ltd (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’s)
Date: 2017-11-09
Institutions: Court of Justice
Subjects: Denmark, State aid, advertising, broadcasting, control of State aid, public sector, services of general interest, television








C_2018005EN.01000401.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/4





Judgment of the Court (First Chamber) of 9 November 2017 — European Commission v TV2/Danmark A/S, Kingdom of Denmark, Viasat Broadcasting UK Ltd
(Case C-656/15 P) (1)

((Appeal - State aid - Article 107(1) TFEU - Public broadcasting service - Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark - Concept of ‘aid granted by a Member State or through State resources’s))
(2018/C 005/05)
Language of the case: Danish

Parties


Appellant: European Commission (represented by: B. Stromsky, T. Maxian Rusche and L. Grønfeldt, acting as Agents)

Other parties to the proceedings: TV2/Danmark A/S (represented by: O. Koktvedgaard, advokat), Kingdom of Denmark (represented by: C. Thorning, acting as Agent, and by R. Holdgaard, advokat), Viasat Broadcasting UK Ltd (represented by: M. Honoré and S. Kalsmose-Hjelmborg, advokater)

Intervener in support of the applicant: EFTA Surveillance Authority (represented by: C. Zatschler, M. Schneider, Í. Isberg and C. Perrin, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 24 September 2015, TV2/Danmark v Commission (T-674/11, EU:T:2015:684), to the extent that it annulled Commission Decision 2011/839/EU of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark in that the European Commission held that the advertising revenue for the years 1995 and 1996 paid to TV2/Danmark through the TV2 Fund constituted State aid;










2.


Dismisses the action brought by TV2/Danmark A/S seeking the annulment of Decision 2011/839;










3.


Orders TV2/Danmark A/S to bear its own costs and to pay all the costs incurred by the European Commission and Viasat Broadcasting UK Ltd both at first instance and in relation to this appeal;










4.


Orders the Kingdom of Denmark and the EFTA Surveillance Authority to bear their own costs.






(1)  OJ C 48, 8.2.2016.
Case C-204/16 P: Judgment of the Court (Ninth Chamber) of 9 November 2017 — SolarWorld AG v Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) (Appeal — Dumping — Implementing Regulation (EU) No 1238/2013 — Article 3 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive anti-dumping duty — Exemption of imports covered by an accepted undertaking — Severability)
Date: 2017-11-09
Institutions: Court of Justice
Subjects: China, anti-dumping duty, exemption from customs duties, import (EU), originating product, photovoltaic cell








C_2018005EN.01000701.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/7





Judgment of the Court (Ninth Chamber) of 9 November 2017 — SolarWorld AG v Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME)
(Case C-204/16 P) (1)

((Appeal - Dumping - Implementing Regulation (EU) No 1238/2013 - Article 3 - Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China - Definitive anti-dumping duty - Exemption of imports covered by an accepted undertaking - Severability))
(2018/C 005/08)
Language of the case: English

Parties


Appellant: SolarWorld AG (represented by: L. Ruessmann, avocat, J. Beck, Solicitor)

Other parties to the proceedings: Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA (represented by: L. Ruessmann, avocat, and M. J. Beck, Solicitor), Council of the European Union (represented by: H. Marcos Fraile, acting as Agent, and N. Tuominen, Avocată), European Commission (represented by: A. Demeneix, T. Maxian Rusche and J.-F. Brakeland, acting as Agents), China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) (represented by: J.-F. Bellis and A. Scalini, avocats, F. Di Gianni, avvocato)

Operative part of the judgment

The Court:






1)


Dismisses the appeal;










2)


Orders SolarWorld AG to pay the costs incurred by the Council of the European Union;










3)


Orders the European Commission to bear its own costs.






(1)  OJ C 232, 27.06.2016.