do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8891 — Puig/BSH/Noustique) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-07-04
Institutions: European Commission
Subjects: cosmetics industry, economic concentration, merger control








C_2018233EN.01001901.xml










4.7.2018   


EN


Official Journal of the European Union


C 233/19





Prior notification of a concentration
(Case M.8891 — Puig/BSH/Noustique)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 233/09)

1.   
On 26 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:






—


Puig International, S.A. (‘Puig International’, Switzerland), controlled by Puig, S.L.,










—


BSH Hausgeräte GmbH (‘BSH’, Germany), controlled by Robert Bosch GmbH (‘Bosch’),










—


Noustique Perfumes, S.L. (‘Noustique’, Spain).




Puig International and BSH acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Noustique.
The concentration is accomplished by way of a purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:
—   for Puig International: manufacturing and distribution of fragrances and cosmetics including owned brands, such as Carolina Herrera or Nina Ricci; licenses and celebrity fragrances,
—   for BSH: manufacturing and distribution of home appliances via its global brands Bosch, Siemens, Gaggenau and Neff and different local brands. Bosch supplies technology and services for the automotive, industrial technology, consumer goods (e.g. home appliances) and energy and building technology industries on a worldwide basis,
—   for Noustique: joint venture for the development and promotion of a new product in the perfume sector.


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.8891 — Puig/BSH/Noustique
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 4 July 2018 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/1/2012 — C8-0038/2018 — 2010/0310(NLE))
Date: 2018-07-04
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Iraq, cooperation agreement (EU), cooperation policy, ratification of an agreement








C_2020118EN.01024801.xml










8.4.2020   


EN


Official Journal of the European Union


C 118/248






P8_TA(2018)0285
EU-Iraq Partnership and Cooperation Agreement ***
European Parliament legislative resolution of 4 July 2018 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/1/2012 — C8-0038/2018 — 2010/0310(NLE))
(Consent)
(2020/C 118/38)

The European Parliament,







—


having regard to the draft Council decision (10209/1/2012),










—


having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (5784/2/2011 and 8318/2012),










—


having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100, Article 207, Article 209 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0038/2018),










—


having regard to its position of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (1),










—


having regard to the change of legal basis following the judgment of the Court of Justice of 11 June 2014 (2),










—


having regard to its non-legislative resolution of 4 July 2018 (3) on the draft decision,










—


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 Foreign Affairs (A8-0222/2018),












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 Republic of Iraq.






(1)  OJ C 440, 30.12.2015, p. 301.

(2)  Judgment of the Court of Justice of 11 June 2014, Commission v Council, on the Framework Agreement on Partnership and Cooperation between the European Union and the Republic of the Philippines, C-377/12, ECLI:EU:C:2014:1903.

(3)  Texts adopted, P8_TA(2018)0286.
European Parliament legislative resolution of 4 July 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (12543/2017 — C8-0422/2017 — 2017/0238(NLE))
Date: 2018-07-04
Institutions: Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Armenia, EAEC, cooperation agreement (EU), cooperation policy, ratification of an agreement








C_2020118EN.01024701.xml










8.4.2020   


EN


Official Journal of the European Union


C 118/247






P8_TA(2018)0283
Partnership Agreement between the EU and EAEC and Armenia ***
European Parliament legislative resolution of 4 July 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (12543/2017 — C8-0422/2017 — 2017/0238(NLE))
(Consent)
(2020/C 118/37)

The European Parliament,






—


having regard to the draft Council decision (12543/2017),










—


having regard to the draft Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (12548/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 37 of the Treaty on European Union; and in accordance with Article 91, Article 100(2), Articles 207 and 209, and Article 218(6), second subparagraph, point (a), Article 218(7) and Article 218(8), second subparagraph of the Treaty on the Functioning of the European Union (C8-0422/2017),










—


having regard to its non-legislative resolution of 4 July 2018 (1) on the draft decision,










—


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 Foreign Affairs and the opinion of the Committee on International Trade (A8-0177/2018),












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 Republic of Armenia.






(1)  Texts adopted, P8_TA(2018)0284.
Case C-532/17: Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd (Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Definition of ‘operating air carrier’ — Lease of aircraft including crew ‘Wet lease’)
Date: 2018-07-04
Institutions: Court of Justice
Subjects: aircraft, airline, carrier, crew, hire purchase, indemnification, passenger rights, transport regulations








C_2018301EN.01001001.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/10






Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd
(Case C-532/17) (1)

((Reference for a preliminary ruling - Transport - Regulation (EC) No 261/2004 - Article 2(b) - Scope - Definition of ‘operating air carrier’ - Lease of aircraft including crew ‘Wet lease’))
(2018/C 301/12)
Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings


Applicants: Wolfgang Wirth, Theodor Mülder, Ruth Mülder, Gisela Wirth

Defendant: Thomson Airways Ltd

Operative part of the judgment

The concept of an ‘operating air carrier’ within the meaning of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 and, in particular, of Article 2(b) thereof must be interpreted as not covering the case of an air carrier, such as that at issue in the main proceedings, which leases to another air carrier an aircraft, including crew, under a wet lease, but does not bear the operational responsibility for the flights, even where the booking confirmation of a seat on a flight issued to passengers states that that flight is operated by the former air carrier.


(1)  OJ C 402, 27.11.2017.
Case C-28/17: Judgment of the Court (First Chamber) of 4 July 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — NN A/S v Skatteministeriet (Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — National tax legislation making the transfer of the losses sustained by a permanent establishment, situated on national territory, of a company established in another Member State, to a resident company belonging to the same group, subject to a condition as to the impossibility of using such losses for the purpose of a foreign tax)
Date: 2018-07-04
Institutions: Court of Justice
Subjects: capital transfer, double taxation, establishment, financial loss, group of companies, profit, right of establishment, tax law, tax on income








C_2018301EN.01000501.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/5






Judgment of the Court (First Chamber) of 4 July 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — NN A/S v Skatteministeriet
(Case C-28/17) (1)

((Reference for a preliminary ruling - Article 49 TFEU - Corporation tax - National tax legislation making the transfer of the losses sustained by a permanent establishment, situated on national territory, of a company established in another Member State, to a resident company belonging to the same group, subject to a condition as to the impossibility of using such losses for the purpose of a foreign tax))
(2018/C 301/06)
Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings


Applicant: NN A/S

Defendant: Skatteministeriet

Operative part of the judgment

Article 49 TFEU must be interpreted as not precluding, in principle, national legislation, such as that at issue in the main proceedings, pursuant to which the resident companies in a group are permitted to deduct, from their group profits, the losses sustained by a resident permanent establishment of a non-resident subsidiary of that group only in the case where the rules applicable in the Member State in which that subsidiary has its registered office do not permit those losses to be deducted from the latter’s profits, when the application of that legislation is combined with that of a convention preventing double taxation allowing, in the latter Member State, the deduction from the income tax payable by the subsidiary of a sum corresponding to the income tax paid, in the Member State on the territory of which that permanent establishment is situated, in respect of the latter’s activity. However, Article 49 TFEU must be interpreted as precluding such legislation in the case where the effect of its application is to deprive that group of any effective possibility of deducting those losses from the group’s overall profits, where it is not possible to set off those losses against that subsidiary’s profits in the Member State on the territory of which that subsidiary is established, these being matters for the referring court to verify.


(1)  OJ C 121, 18.4.2017.
Corrigendum to Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes (OJ L 183, 8.7.2016)
Date: 2018-07-04
Institutions: Council of the European Union
Subjects: divorce, enforcement of ruling, judicial cooperation in civil matters in the EU, judicial separation, jurisdiction, marriage, matrimonial law, mutual recognition principle, private international law




L_2018167EN.01003601.xml










4.7.2018   


EN


Official Journal of the European Union


L 167/36







Corrigendum to Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes

(
Official Journal of the European Union L 183 of 8 July 2016
)


On the Contents Page and on page 1, the title:
for:


                        ‘Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes’,

read:


                        ‘Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes’.

On page 24, Article 53(1):
for:


‘1.   When a decision must be recognised in accordance with this Chapter, nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 46 being required.’,


read:


‘1.   When a decision must be recognised in accordance with this Chapter, nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 47 being required.’.
Non-opposition to a notified concentration (Case M.8866 — MEC/Mitsui/SDPSK/JV) (Text with EEA relevance.)
Date: 2018-07-04
Institutions: Directorate-General for Competition, European Commission
Subjects: business park, economic concentration, merger control, real estate business, real estate market, real property, supermarket








C_2018241EN.01000302.xml










10.7.2018   


EN


Official Journal of the European Union


C 241/3





Non-opposition to a notified concentration
(Case M.8866 — MEC/Mitsui/SDPSK/JV)
(Text with EEA relevance)
(2018/C 241/06)
On 4 July 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 32018M8866. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-438/18: Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 4 July 2018 — Galeria Parque Nascente-Exploração de Espaços Comerciais S.A. v Autoridade Tributária e Aduaneira
Date: 2018-07-04
Institutions: Court of Justice
Subjects: corporation tax, interest, loan, merger, share, subsidiary, tax law, tax relief








C_2018319EN.01001401.xml










10.9.2018   


EN


Official Journal of the European Union


C 319/14






Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 4 July 2018 — Galeria Parque Nascente-Exploração de Espaços Comerciais S.A. v Autoridade Tributária e Aduaneira
(Case C-438/18)
(2018/C 319/17)
Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings


Applicant: Galeria Parque Nascente-Exploração de Espaços Comerciais S.A.

Defendant: Autoridade Tributária e Aduaneira

Questions referred







1.


If Article 23(1)(c) of the Corporation Tax Code, in the version in force in 2013, and Article 23(1) and (2)(c) of that code, in the version in force in 2014, are interpreted as meaning that, after the ‘reverse merger’ in question, the interest on the loans taken out with third parties (which but for the merger would be deductible by the company now being acquired), in order to purchase the shares of the subsidiary which is now the acquiring company, and transferred as a result of the merger, ceases to be deductible for tax purposes from the profits of the acquiring company, will those provisions be compatible with Community law, in particular having regard to the fact that that non-deductibility of the interest may constitute an impediment or restriction to the merger operations encompassed by Council Directive 2009/133/EC, (1) infringing the principles and objectives of that directive, as well as Article 4 thereof?










2.


If the first question is answered to the effect that that non-deduction of interest for tax purposes is compatible with the directive, will that answer remain unchanged by the fact that such a correction was not made on the basis of the anti-abuse provision of the directive (Article 15) or the national law reproducing it (Article 73(10) of the Corporation Tax Code), but another provision of national law (Article 23 of the Corporation Tax Code)?






(1)  Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States (OJ 2009 L 310, p. 34).
Case T-238/18: Order of the President of the General Court of 4 July 2018 — Netflix International and Netflix v Commission
Date: 2018-07-04
Institutions: General Court
Subjects: France, State aid, audiovisual industry, control of State aid, digitisation, film industry, right to justice








C_2018319EN.01002703.xml










10.9.2018   


EN


Official Journal of the European Union


C 319/27






Order of the President of the General Court of 4 July 2018 — Netflix International and Netflix v Commission
(Case T-238/18) (1)

(2018/C 319/36)
Language of the case: English
The President of the General Court has ordered that the case be removed from the register.


(1)  OJ C 231, 2.7.2018.
Corrigendum to Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 131, 29.5.2018)
Date: 2018-07-04
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, international sanctions, legal person, natural person








L_2018167EN.01003603.xml










4.7.2018   


EN


Official Journal of the European Union


L 167/36







Corrigendum to Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

(
Official Journal of the European Union L 131 of 29 May 2018
)


On page 19, the Annex (concerning amendments to Annex I to Decision 2013/255/CFSP), entry No 68 (concerning Bassam Sabbagh) is deleted.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance.)
Date: 2018-07-04
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical compound, chemical product, health control, health risk, market approval, marketing standard, solvent








C_2018233EN.01000501.xml










4.7.2018   


EN


Official Journal of the European Union


C 233/5





Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
)

(Text with EEA relevance)
(2018/C 233/04)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation numbers


Authorised use


Date of expiry of review period


Reasons for the decision




C(2018) 3702


27 June 2018


Bis(2-methoxyethyl) ether
(diglyme)
EC No: 203-924-4
CAS No 111-96-6


Merck KGaA, Frankfurter Straße 250, 64293 Darmstadt, Germany.


REACH/18/11/0


Industrial use of diglyme as solvent in the manufacturing process of cryptand intermediates for further conversion into cryptand 221 and cryptand 222.


27 June 2030


Risk is adequately controlled in accordance with Article 60(2) of Regulation (EC) No 1907/2006.
There are no suitable alternatives before the sunset date.






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm