do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8936 — Cinven/Partner in Pet Foods Holdings) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-06-26
Institutions: European Commission
Subjects: economic concentration, food industry, investment company, manufactured feedingstuffs, merger control








C_2018222EN.01001701.xml










26.6.2018   


EN


Official Journal of the European Union


C 222/17





Prior notification of a concentration
(Case M.8936 — Cinven/Partner in Pet Foods Holdings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 222/11)

1.   
On 15 June 2018, 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:






—


Cinven Capital Management (VI) General Partner Limited (UK), belonging to the Cinven group (‘Cinven’),










—


Partner in Pet Foods Hungaria Kft (Hungary) (‘Partner in Pet Foods’), controlled by Pamplona Capital Partners IV L.P., belonging to Pamplona Capital Management LLP.




Cinven indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Partner in Pet Foods.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Cinven: private equity firm engaged in the provision of investment management and investment advisory services. Cinven’s portfolio companies are active in a variety of sectors,
—   for Partner in Pet Foods: manufacture and supply of private label and branded industrial pet food in Europe.


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.8936 — Cinven/Partner in Pet Foods Holdings
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.
Council Decision (EU) 2018/926 of 26 June 2018 appointing a member, proposed by the Kingdom of Spain, of the Committee of the Regions
Date: 2018-06-26
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2018164EN.01004801.xml










29.6.2018   


EN


Official Journal of the European Union


L 164/48








            COUNCIL DECISION (EU) 2018/926
of 26 June 2018
         
appointing a member, proposed by the Kingdom of Spain, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 5 October 2015, by Council Decision (EU) 2015/1792 (4), Mr Ignacio GONZÁLEZ GONZÁLEZ was replaced by Ms Cristina CIFUENTES CUENCAS as a member.












(2)


A member's seat on the Committee of the Regions has become vacant following the resignation of Ms Cristina CIFUENTES CUENCAS,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Ángel GARRIDO GARCÍA, Presidente de la Comunidad Autónoma de Madrid.






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




Done at Luxembourg, 26 June 2018.


For the Council


The President

E. ZAHARIEVA
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

(4)  Council Decision (EU) 2015/1792 of 5 October 2015 appointing five Spanish members and five Spanish alternate members of the Committee of the Regions (OJ L 260, 7.10.2015, p. 28).
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela apply
Date: 2018-06-26
Institutions: Council of the European Union
Subjects: EU restrictive measure, Venezuela, economic sanctions, international sanctions, natural person, personal data








C_2018222EN.01000701.xml










26.6.2018   


EN


Official Journal of the European Union


C 222/7





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela apply
(2018/C 222/06)
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) 2017/2063 (2).
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 the Unit 1C of DG C that 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) 2017/2063.
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 person 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 (3).
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 295, 14.11.2017, p. 21.

(3)  OJ L 296, 21.9.2004, p. 16.
Case C-325/17 P: Order of the Court (Ninth Chamber) of 26 June 2018 — Windrush Aka LLP v European Union Intellectual Property Office (EUIPO), Jerry Dammers (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark The Specials — Genuine use — Consent of the proprietor of the trade mark)
Date: 2018-06-26
Institutions: Court of Justice
Subjects: EU trade mark, copyright, music, record, registered trade mark, trade-mark law








C_2018301EN.01001101.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/11






Order of the Court (Ninth Chamber) of 26 June 2018 — Windrush Aka LLP v European Union Intellectual Property Office (EUIPO), Jerry Dammers
(Case C-325/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Revocation proceedings - Word mark The Specials - Genuine use - Consent of the proprietor of the trade mark))
(2018/C 301/13)
Language of the case: English

Parties


Appellant: Windrush Aka LLP (represented by: S. Malynicz, QC, instructed by S. Britton, Solicitor)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: D. Botis and J. Crespo Carrillo, acting as Agents), Jerry Dammers (represented by: B. Brandreth, Barrister, instructed by C. Fehler, Solicitor)

Operative part of the order







1.


The appeal is dismissed as being manifestly unfounded.










2.


Windrush Aka LLP shall pay the costs.






(1)  OJ C 347, 16.10.2017.
Case T-757/17: Order of the General Court of 26 June 2018 — Kerstens v Commission (Civil service — Officials — Disciplinary proceedings — Enforcement of a judgment delivered by the General Court on appeal — Withdrawal of the decision imposing a reprimand — Reopening of the disciplinary proceedings which led to the cancelled sanction — Claim for annulment — Act not adversely affecting an official — Claim for damages — Failure to follow the pre-litigation procedure — Manifest inadmissibility)
Date: 2018-06-26
Institutions: General Court
Subjects: administrative sanction, damages, disciplinary proceedings








C_2018301EN.01003601.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/36






Order of the General Court of 26 June 2018 — Kerstens v Commission
(Case T-757/17) (1)

((Civil service - Officials - Disciplinary proceedings - Enforcement of a judgment delivered by the General Court on appeal - Withdrawal of the decision imposing a reprimand - Reopening of the disciplinary proceedings which led to the cancelled sanction - Claim for annulment - Act not adversely affecting an official - Claim for damages - Failure to follow the pre-litigation procedure - Manifest inadmissibility))
(2018/C 301/47)
Language of the case: French

Parties


Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: B. Mongin and R. Striani, acting as Agents)

Re:

Application under Article 270 TFEU seeking (i) annulment of two Commission memoranda of 27 March and 6 April 2017 and (ii) compensation for the non-material damage which the applicant claims to have suffered as a result of the outcome and duration of the disciplinary proceedings CMS 15/017 and CMS 12/063.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr Petrus Kerstens is ordered to pay the costs.






(1)  OJ C 32, 29.1.2018.
Prior notification of a concentration (Case M.8797 — Thales/Gemalto) (Text with EEA relevance.)
Date: 2018-06-26
Institutions: European Commission
Subjects: air transport, economic concentration, information security, land transport, merger control, telecommunications industry








C_2018222EN.01001901.xml










26.6.2018   


EN


Official Journal of the European Union


C 222/19





Prior notification of a concentration
(Case M.8797 — Thales/Gemalto)
(Text with EEA relevance)
(2018/C 222/12)

1.   
On 18 June 2018, 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:






—


Thales S.A. (‘Thales’, France),










—


Gemalto N.V. (‘Gemalto’, Netherlands).




Thales acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Gemalto.
The concentration is accomplished by way of public bid announced on 26 March 2018.


2.   
The business activities of the undertakings concerned are:






—


Thales is a global group active in aeronautics, space, ground transportation, defence, and security.










—


Gemalto is an international digital security company active in mobile platforms and services, mobile embedded software and products, payment, government programs, machine to machine (Internet of Things), and enterprise security.






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.8797 — Thales/Gemalto
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 C-173/18: Order of the President of the Court of 26 June 2018 (request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság — Hungary) — FS v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Date: 2018-06-26
Institutions: Court of Justice
Subjects: VAT, small business, tax exemption, tax inspection








C_2018341EN.01001204.xml










24.9.2018   


EN


Official Journal of the European Union


C 341/12






Order of the President of the Court of 26 June 2018 (request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság — Hungary) — FS v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
(Case C-173/18) (1)

(2018/C 341/22)
Language of the case: Hungarian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 221, 25.6.2018.
Case T-784/17 RII: Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament (Application for interim measures — Public works contracts — Order granting suspension of operation of the decision of the European Parliament rejecting the applicant’s tender and awarding five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels — Application for variation — Article 159 of the Rules of Procedure — Inadmissibility)
Date: 2018-06-26
Institutions: General Court
Subjects: Belgium, Brussels region, award of contract, building, invitation to tender, works contract








C_2018301EN.01003602.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/36






Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament
(Case T-784/17 RII)
((Application for interim measures - Public works contracts - Order granting suspension of operation of the decision of the European Parliament rejecting the applicant’s tender and awarding five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels - Application for variation - Article 159 of the Rules of Procedure - Inadmissibility))
(2018/C 301/48)
Language of the case: French

Parties


Applicant: Strabag Belgium (Anvers, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

Defendant: European Parliament (represented by: Z. Nagy and B. Simon, acting as Agents)

Re:

Application under Article 159 of the Rules of Procedure of the General Court for variation of the order of 18 January 2018, Strabag Belgium v Parliament (T-784/17 R, not published, under appeal, EU:T:2018:17).

Operative part of the order







1.


The application for variation of the order of 18 January 2018, Strabag Belgium v Parliament (T-784/17 R, not published, under appeal, EU:T:2018:17) is dismissed.










2.


The costs are reserved.
Council Decision (EU) 2018/1153 of 26 June 2018 on the signing on behalf of the Union of the Agreement on civil aviation safety between the European Union and the Government of the People's Republic of China
Date: 2018-06-26
Institutions: Council of the European Union
Subjects: China, agreement (EU), air safety, aircraft, civil aviation, investment, liberalisation of trade, signature of an agreement








L_2018210EN.01000201.xml










21.8.2018   


EN


Official Journal of the European Union


L 210/2








            COUNCIL DECISION (EU) 2018/1153
of 26 June 2018
         
on the signing on behalf of the Union of the Agreement on civil aviation safety between the European Union and the Government of the People's Republic of China


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 100(2), in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


By its Decision of 7 March 2016, the Council authorised the Commission to open negotiations with the Government of People's Republic of China for an Agreement on civil aviation safety. The Commission has negotiated, on behalf of the Union, an Agreement on civil aviation safety between the European Union and the Government of the People's Republic of China (‘the Agreement’) in order to foster bilateral cooperation on civil aviation safety and facilitate trade and investment in aeronautical products between the Union and the People's Republic of China.












(2)


The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Agreement on civil aviation safety between the European Union and the Government of the People's Republic of China (‘the Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 26 June 2018.


For the Council


The President

E. ZAHARIEVA
Case C-419/18: Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy Pragi-Południe w Warszawie (Poland) lodged on 26 June 2018 — Profi Credit Polska S.A., whose seat is in Bielsko-Biała, v Bogumiła Włostowska, Mariusz Kurpiewski, Kamil Wójcik, Michał Konarzewski, Elżbieta Kondracka-Kłębecka, Monika Karwowska, Stanisław Kowalski, Anna Trusik, Adam Lizoń, Włodzimierz Lisowski
Date: 2018-06-26
Institutions: Court of Justice
Subjects: claim, consumer credit, consumer protection, negotiable instrument, unfair terms of contract








C_2018427EN.01000301.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/3






Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy Pragi-Południe w Warszawie (Poland) lodged on 26 June 2018 — Profi Credit Polska S.A., whose seat is in Bielsko-Biała, v Bogumiła Włostowska, Mariusz Kurpiewski, Kamil Wójcik, Michał Konarzewski, Elżbieta Kondracka-Kłębecka, Monika Karwowska, Stanisław Kowalski, Anna Trusik, Adam Lizoń, Włodzimierz Lisowski
(Case C-419/18)
(2018/C 427/04)
Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy Pragi-Południe w Warszawie

Parties to the main proceedings


Applicant: Profi Credit Polska S.A., whose seat is in Bielsko-Biała

Defendants: Bogumiła Włostowska, Mariusz Kurpiewski, Kamil Wójcik, Michał Konarzewski, Elżbieta Kondracka-Kłębecka, Monika Karwowska, Stanisław Kowalski, Anna Trusik, Adam Lizoń, Włodzimierz Lisowski

Questions referred







1.


Do Article 3(1), Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) and Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, (2) including, in particular, Article 10, Article 14, Article 17(1) and Article 19, preclude a provision of national law which allows a claim of a creditor who is a seller or supplier against a borrower who is a consumer to be secured by a blank promissory note?










2.


Should Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts be interpreted as imposing on the court hearing the case in proceedings referred to in the first question an obligation to examine of its own motion whether the provisions of the contract that creates the basic legal relationship underlying the promissory note obligation do not contain unfair contractual terms, even where the seller or supplier who is the applicant bases his claim exclusively on the legal relationship created by the promissory note?






(1)  OJ 1993 L 95, p. 29.

(2)  OJ 2008 L 133, p. 66.
Case T-299/18 R: Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament (Application for interim measures — Public works contracts — Application for suspension of operation of a measure — Waiting period — Abnormally low tender — Prima facie case — No urgency)
Date: 2018-06-26
Institutions: General Court
Subjects: Belgium, Brussels region, European Parliament, award of contract, invitation to tender, public building, tendering, works contract








C_2018301EN.01003901.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/39






Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament
(Case T-299/18 R)
((Application for interim measures - Public works contracts - Application for suspension of operation of a measure - Waiting period - Abnormally low tender - Prima facie case - No urgency))
(2018/C 301/52)
Language of the case: French

Parties


Applicant: Strabag Belgium (Anvers, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

Defendant: European Parliament (represented by: P. López-Carceller, Z. Nagy and B. Simon, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU for suspension of operation of the decision of the Parliament of 19 April 2018 to maintain in force its decision of 24 November 2017 rejecting the applicant’s tender and awarding to five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels (Belgium) (call for tenders 06/D 20/2017/M036).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.