do-me/EUR-LEX huggingface dataset:
Case C-17/18: Request for a preliminary ruling from the Tribunalul Mureș (Romania) lodged on 9 January 2018 — Criminal proceedings against Virgil Mailat, Delia Elena Mailat and Apcom Select SA
Date: 2018-01-09
Institutions: Court of Justice
Subjects: VAT, catering, catering industry, property leasing, provision of services, transfer of businesses








C_2018123EN.01001101.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/11





Request for a preliminary ruling from the Tribunalul Mureș (Romania) lodged on 9 January 2018 — Criminal proceedings against Virgil Mailat, Delia Elena Mailat and Apcom Select SA
(Case C-17/18)
(2018/C 123/16)
Language of the case: Romanian

Referring court

Tribunalul Mureș

Parties to the main proceedings

Virgil Mailat, Delia Elena Mailat and Apcom Select SA

Questions referred







1.


Does the conclusion of an agreement whereby a company leases a building in which specific catering activities had previously been carried on in a restaurant to another company, together with all capital equipment and inventory items, where the tenant company continues the same catering activities in a restaurant with the same name as was used previously, constitute a transfer of a business within the meaning of Articles 19 and 29 of Directive 2006/112/EC? (1)











2.


In the event that Question 1 is answered in the negative, is the transaction described above a supply of services that may be regarded as the letting of immovable property within the meaning of Article 135(1)(l) of [Directive 2006/112/EC], or a supply of complex services that may not be regarded as the letting of immovable property and that is taxable by operation of the law?






(1)  OJ 2006 L 347, p. 1.
Prior notification of a concentration (Case M.8749 — Verdane/Vitruvian/EasyPark) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-01-09
Institutions: European Commission
Subjects: economic concentration, holding company, investment company, merger control, parking area, software








C_2018006EN.01000701.xml










9.1.2018   


EN


Official Journal of the European Union


C 6/7





Prior notification of a concentration
(Case M.8749 — Verdane/Vitruvian/EasyPark)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 6/05)






1.


On 21 December 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:






—


Verdane Capital Advisors Holding AS (Norway),










—


Vitruvian Partners LLP (United Kingdom),










—


EasyPark Holding AS (Norway), solely controlled by Verdane Capital Advisors Holding AS.




Verdane Capital Advisors Holding AS and Vitruvian Partners LLP acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of EasyPark Holding AS.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Verdane Capital Advisors Holding AS: a private equity firm with interests in various industries,
—   for Vitruvian Partners LLP: a private equity firm with interests in in various industries,
—   for EasyPark Holding AS: company operating a digital parking marketplace providing mobile parking solutions and connected services to businesses, consumers, parking operators and cities.










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.8749 — Verdane/Vitruvian/EasyPark
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.
Commission Implementing Regulation (EU) 2018/95 of 9 January 2018 entering a name in the register of protected designations of origin and protected geographical indications [‘Slavonski med’ (PDO)]
Date: 2018-01-09
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Croatia, designation of origin, honey, labelling, product designation








L_2018017EN.01000901.xml










23.1.2018   


EN


Official Journal of the European Union


L 17/9








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/95
of 9 January 2018
         
entering a name in the register of protected designations of origin and protected geographical indications [‘Slavonski med’ (PDO)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Croatia's application to register the name ‘Slavonski med’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Slavonski med’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Slavonski med’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.4. – Other products of animal origin (eggs, honey, various dairy products except butter, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 January 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 292, 2.9.2017, p. 7.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) 2017/1509, as implemented by Council Implementing Regulation (EU) 2018/12 concerning restrictive measures against the Democratic People’s Republic of Korea apply
Date: 2018-01-09
Institutions: Council of the European Union
Subjects: North Korea, economic sanctions, international sanctions, natural person, personal data, trade restriction








C_2018006EN.01000301.xml










9.1.2018   


EN


Official Journal of the European Union


C 6/3





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) 2017/1509, as implemented by Council Implementing Regulation (EU) 2018/12 concerning restrictive measures against the Democratic People’s Republic of Korea apply
(2018/C 6/02)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) 2017/1509 (2), as implemented by Council Implementing Regulation (EU) 2018/12 (3).
The controller of this processing operation is the Council of the European Union, represented by the Director General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council, and the department entrusted with the processing operation is Unit 1C, which can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) 2017/1509, as implemented by Implementing Regulation (EU) 2018/12.
The data subjects are the natural persons who fulfil the listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the persons concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with Section 5 of Council Decision 2004/644/EC (4).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 224, 31.8.2017, p. 1.

(3)  OJ L 4, 9.1.2018, p. 1.

(4)  OJ L 296, 21.9.2004, p. 16.
Political and Security Committee Decision (CFSP) 2018/57 of 9 January 2018 extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2018)
Date: 2018-01-09
Institutions: Political and Security Committee
Subjects: EU police mission, Mali, Sahel, peacekeeping








L_2018010EN.01001401.xml










13.1.2018   


EN


Official Journal of the European Union


L 10/14








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2018/57
of 9 January 2018
         
extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2018)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (1), and in particular Article 7(1) thereof,

Whereas:







(1)


Pursuant to Decision 2014/219/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUCAP Sahel Mali mission, including the decision to appoint a Head of Mission.












(2)


On 18 September 2017, the PSC adopted Decision EUCAP Sahel Mali/1/2017 (2), appointing Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali from 1 October 2017 to 14 January 2018.












(3)


On 13 December 2017, the High Representative of the Union for Foreign Affairs and Security Policy proposed the extension of the mandate of Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali from 15 January 2018 to 14 January 2019,





HAS ADOPTED THIS DECISION:



Article 1
The mandate of Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali is hereby extended until 14 January 2019.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 9 January 2018.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(1)  
            OJ L 113, 16.4.2014, p. 21.

(2)  Political and Security Committee Decision (CFSP) 2017/1780 of 18 September 2017 on the appointment of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2017) (OJ L 253, 30.9.2017, p. 37).
Euro exchange rates
Date: 2018-01-09
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018006EN.01000401.xml










9.1.2018   


EN


Official Journal of the European Union


C 6/4





Euro exchange rates (1)

8 January 2018
(2018/C 6/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1973 




JPY


Japanese yen


135,34 




DKK


Danish krone


7,4467 




GBP


Pound sterling


0,88413 




SEK


Swedish krona


9,8165 




CHF


Swiss franc


1,1709 




ISK


Iceland króna


 




NOK


Norwegian krone


9,6783 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,524 




HUF


Hungarian forint


308,84 




PLN


Polish zloty


4,1663 




RON


Romanian leu


4,6206 




TRY


Turkish lira


4,4887 




AUD


Australian dollar


1,5289 




CAD


Canadian dollar


1,4880 




HKD


Hong Kong dollar


9,3656 




NZD


New Zealand dollar


1,6702 




SGD


Singapore dollar


1,5956 




KRW


South Korean won


1 277,87 




ZAR


South African rand


14,8924 




CNY


Chinese yuan renminbi


7,7816 




HRK


Croatian kuna


7,4420 




IDR


Indonesian rupiah


16 084,83 




MYR


Malaysian ringgit


4,7929 




PHP


Philippine peso


60,095 




RUB


Russian rouble


68,3774 




THB


Thai baht


38,565 




BRL


Brazilian real


3,8825 




MXN


Mexican peso


23,0819 




INR


Indian rupee


76,0375 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.8694 — Hochtief/Abertis) (Text with EEA relevance. )
Date: 2018-01-09
Institutions: European Commission
Subjects: building industry, economic concentration, mechanical engineering, merger control, mining industry, motorway, provision of services, telecommunications, transport infrastructure








C_2018006EN.01000501.xml










9.1.2018   


EN


Official Journal of the European Union


C 6/5





Prior notification of a concentration
(Case M.8694 — Hochtief/Abertis)
(Text with EEA relevance)
(2018/C 6/04)






1.


On 22 December 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:






—


Hochtief AG (‘Hochtief’, Germany), a subsidiary of ACS (Spain)










—


Abertis Infraestructuras, SA (‘Abertis’, Spain).




Hochtief acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Abertis.
The concentration is accomplished by way of a public tender competing offer announced by Hochtief on 18 October 2017.










2.


The business activities of the undertakings concerned are:
—   for Hochtief: construction, concessions, real estate, facilities management, contract mining, engineering and related services. Within the EEA, Hochtief is active in the Czech Republic, Germany, Greece, the Netherlands, Poland, Spain and the United Kingdom,
—   for Abertis: toll motorway concessions and provision of mobility and telecommunications infrastructure services. Within the EEA, Abertis is active in Spain, France and, to a lesser extent, in Italy.










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.8694 — Hochtief/Abertis
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’).
Commission Implementing Regulation (EU) 2018/27 of 9 January 2018 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Ribeiras do Morrazo’ (PGI)
Date: 2018-01-09
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Galicia, Spain, designation of origin, labelling, product designation, red wine, white wine








L_2018005EN.01002601.xml










10.1.2018   


EN


Official Journal of the European Union


L 5/26








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/27
of 9 January 2018
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Ribeiras do Morrazo’ (PGI)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Ribeiras do Morrazo’ sent by Spain and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Ribeiras do Morrazo’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Ribeiras do Morrazo’ (PGI) is hereby protected.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 January 2018.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 255, 5.8.2017, p. 15.
Case C-20/18: Action brought on 9 January 2018 — European Commission v Grand Duchy of Luxembourg
Date: 2018-01-09
Institutions: Court of Justice
Subjects: copyright, literary and artistic property, music, national implementing measure, sanction (EU), trade licence








C_2018104EN.01002102.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/21





Action brought on 9 January 2018 — European Commission v Grand Duchy of Luxembourg
(Case C-20/18)
(2018/C 104/27)
Language of the case: French

Parties


Applicant: European Commission (represented by: J. Hottiaux, J. Samnadda and G. von Rintelen, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

The Commission claims that the Court should:






—


find that, by failing to adopt, by no later than 10 April 2016, the laws, regulations and administrative provisions necessary to ensure compliance with Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ 2014 L 84, p. 72), or in any event by failing to communicate those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 43(1) of that directive;










—


order the Grand Duchy of Luxembourg to pay, pursuant to Article 260(3) TFEU, a penalty payment of EUR 12 920 per day, from the date on which judgment is delivered in the present case, for failure to comply with the obligation to notify the measures transposing Directive 2014/26/EU;










—


order the Grand Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

Member States were required, under Article 43(1) of Directive 2014/26/EU, to adopt the national measures required to transpose the obligations under that directive by no later than 10 April 2016. As Luxembourg failed to notify any measures transposing that directive, the Commission decided to bring the present action before the Court of Justice.
In its application, the Commission proposes that Luxembourg should be ordered to pay a penalty payment of EUR 12 920 per day. The amount of the penalty payment has been calculated by taking into account the gravity and duration of the infringement, as well as the deterrent effect in the light of that Member State’s ability to pay.
Case T-4/18: Action brought on 9 January 2018 — Holzer y Cia v EUIPO — Annco (AT ANN TAYLOR)
Date: 2018-01-09
Institutions: General Court
Subjects: EU trade mark, clock and watch industry, registered trade mark, trade-mark law








C_2018072EN.01004401.xml










26.2.2018   


EN


Official Journal of the European Union


C 72/44





Action brought on 9 January 2018 — Holzer y Cia v EUIPO — Annco (AT ANN TAYLOR)
(Case T-4/18)
(2018/C 072/56)
Language in which the application was lodged: English

Parties


Applicant: Holzer y Cia, SA de CV (Mexico city, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Annco, Inc. (New York, New York, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘AT ANN TAYLOR’ — EU trade mark No 11 197 647

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 November 2017 in Case R 2371/2016-2

Form of order sought

The applicant claims that the Court should:






—


admit the action;










—


annul the contested decision;










—


confirm the validity of the registration of the EUTM No 11 197 647 ‘AT ANN TAYLOR’ for all the products for which the said application sought protection;










—


order the intervener to pay the costs of the procedure.





Plea in law







—


The Board of Appeal erred in his analysis regarding: the existence of confusing similarity between the conflicting signs and the knowledge of the proprietor of a confusingly similar trademark when filing its application; the intentions of the proprietor at the time of filing its trademark; the probative value given to the evidences submitted by the cancellation applicant and the burden of proof.