do-me/EUR-LEX huggingface dataset:
Case C-114/18: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 14 February 2018 — Sandoz Ltd, Hexal AG v G.D. Seale LLC, Janssen Sciences Ireland
Date: 2018-02-14
Institutions: Court of Justice
Subjects: market approval, medicinal product, patent, pharmaceutical legislation








C_2018152EN.01001701.xml










30.4.2018   


EN


Official Journal of the European Union


C 152/17





Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 14 February 2018 — Sandoz Ltd, Hexal AG v G.D. Seale LLC, Janssen Sciences Ireland
(Case C-114/18)
(2018/C 152/20)
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicants: Sandoz Ltd, Hexal AG

Defendants: G.D. Seale LLC, Janssen Sciences Ireland

Question referred

Where the sole active ingredient the subject of a supplementary protection certificate issued under [the SPC Regulation] (1) is a member of a class of compounds which fall within a Markush definition in a claim of the patent, all of which class members embody the core inventive technical advance of the patent, is it sufficient for the purposes of Article 3(a) of the SPC Regulation that the compound would, upon examination of its structure, immediately be recognised as one which falls within the class (and therefore would be protected by the patent as a matter of national patent law) or must the specific substituents necessary to form the active ingredient be amongst those which the skilled person could derive, based on their common general knowledge, from a reading of the patent claims?


(1)  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009, L 152, p. 1).
Non-opposition to a notified concentration (Case M.8776 — Macquarie/Allianz/Lakeside Network Investments) (Text with EEA relevance. )
Date: 2018-02-14
Institutions: European Commission
Subjects: banking, consultancy, economic concentration, energy grid, financial services, heating, insurance company, investment company, merger control, subsidiary








C_2018055EN.01000101.xml










14.2.2018   


EN


Official Journal of the European Union


C 55/1





Non-opposition to a notified concentration
(Case M.8776 — Macquarie/Allianz/Lakeside Network Investments)
(Text with EEA relevance)
(2018/C 55/01)
On 7 February 2018, 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 32018M8776. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease’ (COM(2017) 742 final — 2017/0329 (COD))
Date: 2018-02-14
Institutions: European Economic and Social Committee
Subjects: EU Member State, EU reference laboratory, action programme, avian influenza, poultry, protection of animal life, veterinary inspection, veterinary medicine




C_2018227EN.01010101.xml










28.6.2018   


EN


Official Journal of the European Union


C 227/101





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease’
(COM(2017) 742 final — 2017/0329 (COD))
(2018/C 227/15)






Consultation


European Parliament, 14.12.2017
Council of the European Union, 22.12.2017




Legal basis


Article 43(2) of the Treaty on the Functioning of the European Union




Section responsible


Agriculture, Rural Development and the Environment




Adopted at plenary


14.2.2018




Plenary session No


532




Outcome of vote
(for/against/abstentions)


151/2/5




Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion EESC 4014/2013 (NAT/611), adopted on 16 October 2013 (*1), it decided, at its 532nd plenary session of 14 and 15 February 2018 (meeting of 14 February), by 151 votes to 2 with 5 abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the above-mentioned document.

Brussels, 14 February 2018.


The President of the European Economic and Social Committee

Georges DASSIS




(*1)  OJ C 67, 6.3.2014, p. 166.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council Repealing Regulation (EU) No 256/2014 of the European Parliament and of the Council concerning the notification to the Commission of investment projects in energy infrastructure within the European Union’ (COM(2017) 769 final — 2017/347 (COD))
Date: 2018-02-14
Institutions: European Economic and Social Committee
Subjects: European Commission, biofuel, carbon capture and storage, electrical energy, energy grid, energy transport, exchange of information, gas industry, investment project, oil industry








C_2018227EN.01010301.xml










28.6.2018   


EN


Official Journal of the European Union


C 227/103





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council Repealing Regulation (EU) No 256/2014 of the European Parliament and of the Council concerning the notification to the Commission of investment projects in energy infrastructure within the European Union’
(COM(2017) 769 final — 2017/347 (COD))
(2018/C 227/17)






Consultation


European Parliament, 15.1.2018
Council of the European Union, 11.1.2018




Legal basis


Article 194 of the Treaty on the Functioning of the European Union




Section responsible


Transport, Energy, Infrastructure and the Information Society




Adopted at plenary


14.2.2018




Plenary session No


532




Outcome of vote
(for/against/abstentions)


192/0/2




Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 532nd plenary session of 14 and 15 February 2018 (meeting of 14 February), by 192 votes with 2 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 February 2018.


The President of the European Economic and Social Committee

Georges DASSIS
Case C-122/18: Action brought on 14 February 2018 — European Commission v Italian Republic
Date: 2018-02-14
Institutions: Court of Justice
Subjects: administrative formalities, deadline for payment, debt, interest, public authorities, trading operation








C_2018123EN.01001301.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/13





Action brought on 14 February 2018 — European Commission v Italian Republic
(Case C-122/18)
(2018/C 123/19)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: G. Gattinara and C. Zadra, acting as Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:






—


declare that, by having failed and by continuing to fail to ensure that the public authorities avoid exceeding the time limits of 30 or 60 calendar days for paying their trade debts, the Italian Republic has failed to fulfil its obligations under Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ 2011 L 48, p. 1) and, in particular, its obligations as set out in Article 4 of that directive;










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The evidence before the Commission, which is based on the information provided by the Italian Republic during the pre-litigation procedure, indicates that the payment periods of 30 and 60 days set out in Article 4 of Directive 2011/7/EU on combating late payment have been exceeded, not by individual entities but by entire categories of public authorities, not in relation to one individual commercial transaction but in terms of the average time taken to pay, that is, in respect of all the transactions concluded by those authorities, and, lastly, not over a limited period but consistently, from September 2014 until the date on which the present action was brought. The Commission therefore considers that sustained and systematic infringement of Article 4 of that directive has been established.
Non-opposition to a notified concentration (Case M.8800 — Goldman Sachs/Riverstone Investment/Lucid Energy Group II) (Text with EEA relevance. )
Date: 2018-02-14
Institutions: European Commission
Subjects: banking, economic concentration, electrical energy, energy industry, gas industry, investment company, merger control








C_2018055EN.01000102.xml










14.2.2018   


EN


Official Journal of the European Union


C 55/1





Non-opposition to a notified concentration
(Case M.8800 — Goldman Sachs/Riverstone Investment/Lucid Energy Group II)
(Text with EEA relevance)
(2018/C 55/02)
On 7 February 2018, 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 32018M8800. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-116/18: Action brought on 14 February 2018 — European Commission v Romania
Date: 2018-02-14
Institutions: Court of Justice
Subjects: copyright, literary and artistic property, music, national implementing measure, sanction (EU), trade licence








C_2018142EN.01003601.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/36





Action brought on 14 February 2018 — European Commission v Romania
(Case C-116/18)
(2018/C 142/47)
Language of the case: Romanian

Parties


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

Defendant: Romania

Form of order sought

The Commission claims that the Court should:






—


find that, by failing to adopt, by 10 April 2016, the laws, regulations and administrative provisions necessary to comply 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, (1) or, in any event, because it did not communicate such measures to the Commission, Romania has failed to fulfil its obligations under Article 43(1) of that directive;










—


order Romania, in accordance with Article 260(3) TFEU, to pay a penalty of EUR 42 377,60 for each day of delay in complying with its obligation to communicate the measures necessary to ensure full transposition of Directive 2014/26/EU, with effect from the day on which judgment is delivered in the present case;










—


order Romania to pay the costs.





Pleas in law and main arguments

In accordance with Article 43(1) of Directive 2014/26/EU, the Member States are under an obligation to adopt and implement the laws, regulations and administrative provisions necessary to comply with that directive by 10 April 2016, and to communicate those measures to the Commission. Therefore, it is for the Member States to adopt the measures necessary to transpose a directive into national law within the prescribed time limit and to communicate those measures to the Commission.
The Commission also proposes that a penalty of EUR 42 377,60 be applied to Romania for each day of delay in complying with its obligation to communicate the measures necessary to ensure full transposition of Directive 2014/26/EU, with effect from the day on which judgment is delivered in the present case. The amount of that penalty has been determined by taking into account the seriousness and the duration of the infringement, as well as the need to ensure that the penalty has a deterrent effect, according to that Member State’s ability to pay.
The time limit for transposing the directive into national law expired on 10 April 2016.


(1)  OJ 2014 L 84, p. 72.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea’ (COM(2017) 774 final — 2017/0348 COD)
Date: 2018-02-14
Institutions: European Economic and Social Committee
Subjects: Baltic Sea, authorised catch, catch area, catch by species, catch quota, conservation of fish stocks, fishing controls, sea fish, sea fishing








C_2018227EN.01010201.xml










28.6.2018   


EN


Official Journal of the European Union


C 227/102





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1139 as regards fishing mortality ranges and safeguard levels for certain herring stocks in the Baltic Sea’
(COM(2017) 774 final — 2017/0348 COD)
(2018/C 227/16)






Consultation


European Parliament, 15.1.2018
Council of the European Union, 19.1.2018




Legal basis


Article 43(2) of the Treaty on the Functioning of the European Union




Section responsible


Agriculture, Rural Development and the Environment




Adopted at plenary


14.2.2018




Plenary session No


532




Outcome of vote
(for/against/abstentions)


193/1/3




Since the Committee endorses the contents of the proposal and feels that it requires no comment on its part, it decided, at its 532nd plenary session of 14 and 15 February 2018 (meeting of 14 February), by 193 votes to 1 with 3 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 February 2018.


The President of the European Economic and Social Committee

Georges DASSIS
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2018-02-14
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, seed








C_2018055EN.01000301.xml










14.2.2018   


EN


Official Journal of the European Union


C 55/3





Explanatory Notes to the Combined Nomenclature of the European Union
(2018/C 55/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 69, in the Explanatory note to CN subheading ‘1212 99 95 Other’, the following point is added at the end of the first paragraph:








‘3.


ground seeds of guarana (Paullinia cupana), neither roasted nor otherwise prepared.’.







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.
Euro exchange rates
Date: 2018-02-14
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018055EN.01000201.xml










14.2.2018   


EN


Official Journal of the European Union


C 55/2





Euro exchange rates (1)

13 February 2018
(2018/C 55/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2333 




JPY


Japanese yen


132,82 




DKK


Danish krone


7,4488 




GBP


Pound sterling


0,88935 




SEK


Swedish krona


9,9388 




CHF


Swiss franc


1,1522 




ISK


Iceland króna


125,40 




NOK


Norwegian krone


9,7418 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,386 




HUF


Hungarian forint


312,16 




PLN


Polish zloty


4,1781 




RON


Romanian leu


4,6586 




TRY


Turkish lira


4,6865 




AUD


Australian dollar


1,5715 




CAD


Canadian dollar


1,5544 




HKD


Hong Kong dollar


9,6467 




NZD


New Zealand dollar


1,6941 




SGD


Singapore dollar


1,6314 




KRW


South Korean won


1 338,24 




ZAR


South African rand


14,7780 




CNY


Chinese yuan renminbi


7,8244 




HRK


Croatian kuna


7,4357 




IDR


Indonesian rupiah


16 822,21 




MYR


Malaysian ringgit


4,8678 




PHP


Philippine peso


64,285 




RUB


Russian rouble


71,2558 




THB


Thai baht


38,861 




BRL


Brazilian real


4,0642 




MXN


Mexican peso


22,9778 




INR


Indian rupee


79,2730 






(1)  Source: reference exchange rate published by the ECB.