do-me/EUR-LEX huggingface dataset:
Case C-673/17: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 November 2017 — Planet49 GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.
Date: 2017-11-30
Institutions: Court of Justice
Subjects: access to information, consumer protection, data protection, data-processing law, personal data, protection of communications, regulation of telecommunications








C_2018112EN.01000901.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/9





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 November 2017 — Planet49 GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.
(Case C-673/17)
(2018/C 112/13)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Planet49 GmbH

Defendant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.

Questions referred







1.








a)


Does it constitute a valid consent within the meaning of Article 5(3) and Article 2(f) of Directive 2002/58/EC (1) in conjunction with Article 2(h) of Directive 95/46/EC (2) if the storage of information, or access to information already stored in the user’s terminal equipment, is permitted by way of a pre-checked checkbox which the user must unselect to refuse his consent?










b)


For the purposes of the application of Article 5(3) and of Article 2(f) of Directive 2002/58/EC in conjunction with Article 2(h) of Directive 95/46/EC, does it make a difference whether the information stored or accessed constitutes personal data?










c)


In the circumstances referred to in Question 1 a), does a valid consent within the meaning of Article 6(1)(a) of Regulation (EU) 2016/679 (3) exist?














2.


What information does the service provider have to give within the scope of the provision of clear and comprehensive information to the user that has to be undertaken in accordance with Article 5(3) of Directive 2002/58/EC? Does this include the duration of the operation of the cookies and the question of whether third parties are given access to the cookies?






(1)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37).

(2)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31).

(3)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).
European Parliament legislative resolution of 30 November 2017 on the proposal for a Council decision authorising Croatia, the Netherlands, Portugal and Romania to accept, in the interest of the European Union, the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2017)0359 — C8-0232/2017 — 2017/0149(NLE))
Date: 2017-11-30
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: Croatia, Netherlands, Portugal, Romania, San Marino, accession to an agreement, child protection, early childhood, illegal restraint, international convention








C_2018356EN.01020201.xml










4.10.2018   


EN


Official Journal of the European Union


C 356/202






P8_TA(2017)0466
Accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 30 November 2017 on the proposal for a Council decision authorising Croatia, the Netherlands, Portugal and Romania to accept, in the interest of the European Union, the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2017)0359 — C8-0232/2017 — 2017/0149(NLE))
(Consultation)
(2018/C 356/47)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2017)0359),










—


having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0232/2017),










—


having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Rules 78c and 108(8) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0360/2017),












1.


Approves the authorisation for Croatia, the Netherlands, Portugal and Romania to accept, in the interest of the European Union, the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.






(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Euro exchange rates
Date: 2017-11-30
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017406EN.01000201.xml










30.11.2017   


EN


Official Journal of the European Union


C 406/2





Euro exchange rates (1)

29 November 2017
(2017/C 406/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1827 




JPY


Japanese yen


132,24 




DKK


Danish krone


7,4423 




GBP


Pound sterling


0,88293 




SEK


Swedish krona


9,9150 




CHF


Swiss franc


1,1664 




ISK


Iceland króna


 




NOK


Norwegian krone


9,7410 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,474 




HUF


Hungarian forint


311,59 




PLN


Polish zloty


4,2006 




RON


Romanian leu


4,6440 




TRY


Turkish lira


4,6794 




AUD


Australian dollar


1,5627 




CAD


Canadian dollar


1,5176 




HKD


Hong Kong dollar


9,2330 




NZD


New Zealand dollar


1,7141 




SGD


Singapore dollar


1,5925 




KRW


South Korean won


1 274,87 




ZAR


South African rand


16,1757 




CNY


Chinese yuan renminbi


7,8106 




HRK


Croatian kuna


7,5470 




IDR


Indonesian rupiah


15 971,18 




MYR


Malaysian ringgit


4,8361 




PHP


Philippine peso


59,393 




RUB


Russian rouble


69,0103 




THB


Thai baht


38,485 




BRL


Brazilian real


3,7936 




MXN


Mexican peso


21,9085 




INR


Indian rupee


76,0620 






(1)  Source: reference exchange rate published by the ECB.
Case T-895/16: Judgment of the General Court of 30 November 2017 — Toontrack Music v EUIPO (SUPERIOR DRUMMER) (European Union trade mark — Application for EU word mark SUPERIOR DRUMMER — Absolute ground for refusal — Descriptive — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
Date: 2017-11-30
Institutions: General Court
Subjects: EU trade mark, music, registered trade mark, software, trade-mark law








C_2018022EN.01003901.xml










22.1.2018   


EN


Official Journal of the European Union


C 22/39





Judgment of the General Court of 30 November 2017 — Toontrack Music v EUIPO (SUPERIOR DRUMMER)
(Case T-895/16) (1)

((European Union trade mark - Application for EU word mark SUPERIOR DRUMMER - Absolute ground for refusal - Descriptive - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)))
(2018/C 022/53)
Language of the case: Swedish

Parties


Applicant: Toontrack Music AB (Umeå, Sweden) (represented by: L.-E. Ström, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 3 October 2016 (Case R 2438/2015-5) concerning the registration of the word mark SUPERIOR DRUMMER as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Toontrack Music AB to pay the costs.






(1)  OJ C 46, 13.2.2017.
Prior notification of a concentration (Case M.8647 — Värde/Fraikin) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-11-30
Institutions: European Commission
Subjects: economic concentration, investment, investment company, merger control, parent company, provision of services, vehicle rental








C_2017406EN.01000601.xml










30.11.2017   


EN


Official Journal of the European Union


C 406/6





Prior notification of a concentration
(Case M.8647 — Värde/Fraikin)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 406/06)






1.


On 23 November 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:






—


Värde Partners, Inc. (‘Värde’, United States),










—


Financière Truck Investissement (‘Fraikin’, France).




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










2.


The business activities of the undertakings concerned are:
—   for Värde: credit and value investing strategies, with expertise in partnering with financial institutions in a number of jurisdictions worldwide. It provides investment services to a wide array of investors including foundations and endowments, pension plans, insurance companies, other institutional investors and private clients.
—   for Fraikin: parent company of the Fraikin group, active in the provision of short and long-term passenger and industrial vehicle rental services for business customers. Fraikin also offers fleet management, driver rental and driver training 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 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.8647 — Värde/Fraikin
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: 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.
European Parliament legislative resolution of 30 November 2017 on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Panama, Uruguay, Colombia and El Salvador to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2017)0369 — C8-0231/2017 — 2017/0153(NLE))
Date: 2017-11-30
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: Austria, Colombia, El Salvador, Panama, Romania, Uruguay, accession to an agreement, child, illegal restraint, international convention








C_2018356EN.01020101.xml










4.10.2018   


EN


Official Journal of the European Union


C 356/201






P8_TA(2017)0465
Accession of Panama, Uruguay, Colombia and El Salvador to the 1980 Hague Convention on the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 30 November 2017 on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Panama, Uruguay, Colombia and El Salvador to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2017)0369 — C8-0231/2017 — 2017/0153(NLE))
(Consultation)
(2018/C 356/46)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2017)0369),










—


having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0231/2017),










—


having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,










—


having regard to Rules 78c and 108(8) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0362/2017),












1.


Approves the authorisation for Austria and Romania to accept, in the interest of the European Union, the accession of Panama, Uruguay, Colombia and El Salvador to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.






(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
European Parliament legislative resolution of 30 November 2017 on the draft Council decision on the conclusion of the Agreement for scientific and technological cooperation between the European Union and the Arab Republic of Egypt setting out the terms and conditions for the participation of the Arab Republic of Egypt in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (11965/2017 — C8-0345/2017 — 2017/0196(NLE))
Date: 2017-11-30
Institutions: Committee on Foreign Affairs, Committee on Industry, Research and Energy, European Parliament
Subjects: Egypt, Mediterranean region (EU), Union for the Mediterranean, cooperation agreement (EU), food policy, innovation, ratification of an agreement, research and development, scientific cooperation, water resources








C_2018356EN.01019701.xml










4.10.2018   


EN


Official Journal of the European Union


C 356/197






P8_TA(2017)0461
EU-Egypt Agreement for scientific and technological cooperation: participation of Egypt in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) ***
European Parliament legislative resolution of 30 November 2017 on the draft Council decision on the conclusion of the Agreement for scientific and technological cooperation between the European Union and the Arab Republic of Egypt setting out the terms and conditions for the participation of the Arab Republic of Egypt in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (11965/2017 — C8-0345/2017 — 2017/0196(NLE))
(Consent)
(2018/C 356/42)

The European Parliament,






—


having regard to the draft Council decision (11965/2017),










—


having regard to the draft agreement for scientific and technological cooperation between the European Union and the Arab Republic of Egypt setting out the terms and conditions for the participation of the Republic of Egypt in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (11926/2017),










—


having regard to Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States (1),










—


having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0345/2017),










—


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 Industry, Research and Energy (A8-0353/2017),












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 the Arab Republic of Egypt.






(1)  OJ L 185, 18.7.2017, p. 1.
Prior notification of a concentration (Case M.8717 — Engie/IPM Energy Trading/International Power Fuel Company) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-11-30
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy industry, gas industry, gas pipeline, merger control, provision of services, wholesale trade








C_2017406EN.01000301.xml










30.11.2017   


EN


Official Journal of the European Union


C 406/3





Prior notification of a concentration
(Case M.8717 — Engie/IPM Energy Trading/International Power Fuel Company)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 406/04)






1.


On 23 November 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:






—


Engie SA (‘Engie’, France),










—


IPM Energy Trading Limited (‘IPMETL’, the UK), controlled by Engie and Mitsui Co., Ltd,










—


International Power Fuel Company Limited (‘IPFC’, the UK), controlled by Engie and Mitsui Co., Ltd.




Engie indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of IPMETL and IPFC.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Engie: global energy player active across the entire energy value chain in the fields of gas, electricity and energy services,
—   for IPMETL: providing energy trading services to the wholesale gas and electricity markets in Great Britain,
—   for IPFC: providing natural gas shipping services in Great Britain.










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.8717 — Engie/IPM Energy Trading/International Power Fuel Company
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.
European Parliament legislative resolution of 30 November 2017 on the draft Council decision on the conclusion of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for the participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (11966/2017 — C8-0343/2017 — 2017/0200(NLE))
Date: 2017-11-30
Institutions: Committee on Foreign Affairs, Committee on Industry, Research and Energy, European Parliament
Subjects: Jordan, Mediterranean region (EU), Union for the Mediterranean, cooperation agreement (EU), food policy, innovation, ratification of an agreement, research and development, scientific cooperation, water resources








C_2018356EN.01019901.xml










4.10.2018   


EN


Official Journal of the European Union


C 356/199






P8_TA(2017)0463
EU-Jordan Agreement for scientific and technological cooperation: participation of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) ***
European Parliament legislative resolution of 30 November 2017 on the draft Council decision on the conclusion of the Agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for the participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (11966/2017 — C8-0343/2017 — 2017/0200(NLE))
(Consent)
(2018/C 356/44)

The European Parliament,






—


having regard to the draft Council decision (11966/2017),










—


having regard to the draft agreement for scientific and technological cooperation between the European Union and the Hashemite Kingdom of Jordan setting out the terms and conditions for the participation of the Hashemite Kingdom of Jordan in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (11927/2017),










—


having regard to Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States (1),










—


having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0343/2017),










—


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 Industry, Research and Energy (A8-0355/2017),












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 the Hashemite Kingdom of Jordan.






(1)  OJ L 185, 18.7.2017, p. 1.