do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2018/964 of 5 July 2018 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
Date: 2018-07-05
Institutions: Council of the European Union
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, international sanctions, territorial dispute




L_2018172EN.01000301.xml










9.7.2018   


EN


Official Journal of the European Union


L 172/3








            COUNCIL DECISION (CFSP) 2018/964
of 5 July 2018
         
amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).












(2)


On 19 March 2015, the European Council agreed that the necessary measures would be taken to clearly link the duration of the restrictive measures to the complete implementation of the Minsk agreements, bearing in mind that the complete implementation was foreseen for 31 December 2015.












(3)


On 21 December 2017, the Council renewed Decision 2014/512/CFSP until 31 July 2018 in order to enable it to further assess the implementation of the Minsk agreements (2).












(4)


Having assessed the implementation of the Minsk agreements, the Council considers that Decision 2014/512/CFSP should be renewed for a further six months in order to enable the Council to further assess their implementation.












(5)


Decision 2014/512/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The first subparagraph of Article 9(1) of Decision 2014/512/CFSP is replaced by the following:


‘1.   This Decision shall apply until 31 January 2019.’.




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




Done at Brussels, 5 July 2018.


For the Council


The President

G. BLÜMEL
            





(1)  Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).

(2)  Council Decision (CFSP) 2017/2426 of 21 December 2017 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 343, 22.12.2017, p. 77).
Case C-544/16: Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Marcandi Ltd, trading as ‘Madbid’ v Commissioners for Her Majesty’s Revenue and Customs (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Issuing of ‘credits’ that can be used to place bids in online auctions — Supply of services for consideration — Preliminary transaction — Article 73 — Taxable amount)
Date: 2018-07-05
Institutions: Court of Justice
Subjects: VAT, auction sale, double taxation, electronic commerce, provision of services, reduced price








C_2018301EN.01000301.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/3






Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Marcandi Ltd, trading as ‘Madbid’ v Commissioners for Her Majesty’s Revenue and Customs
(Case C-544/16) (1)

((Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 2(1)(c) - Issuing of ‘credits’ that can be used to place bids in online auctions - Supply of services for consideration - Preliminary transaction - Article 73 - Taxable amount))
(2018/C 301/03)
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicant: Marcandi Ltd, trading as ‘Madbid’

Defendant: Commissioners for Her Majesty’s Revenue and Customs

Operative part of the judgment







1.


Article 2(1)(c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that the issue of ‘credits’, such as those at issue in the main proceedings, which allow an operator’s clients to bid in the auctions that it organises, are a supply of services for consideration, for which the consideration is the amount paid in return for those ‘credits’.










2.


Article 73 of Directive 2006/112 must be interpreted as meaning that, in circumstances such as those in the main proceedings, the value of ‘credits’ used in order to bid is not included in the consideration received by the taxable person in return for the supplies of goods that it makes for the benefit of users who won an auction organised by it, or users who purchased a product using the ‘buy now’ or ‘earned discount’ features.










3.


When interpreting the relevant provisions of EU and national law, courts of a Member State that find that the same transaction has been the object of a different tax treatment for the purposes of VAT in another Member State have the power, or even — depending on whether there is a judicial remedy under national law against its decisions — an obligation, to refer a request for a preliminary ruling to the Court.






(1)  OJ C 14, 16.1.2017.
Case C-390/16: Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Szombathelyi Törvényszék — Hungary) — Criminal proceedings against Dániel Bertold Lada (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition — Article 82(1) TFEU)
Date: 2018-07-05
Institutions: Court of Justice
Subjects: criminal proceedings, judicial cooperation in criminal matters in the EU, penalty








C_2018301EN.01000201.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/2






Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Szombathelyi Törvényszék — Hungary) — Criminal proceedings against Dániel Bertold Lada
(Case C-390/16) (1)

((Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2008/675/JHA - Taking account in new criminal proceedings of a previous conviction in another Member State - Special procedure for recognition of a conviction in another Member State - Review and legal reclassification of the earlier decision - Principle of mutual recognition - Article 82(1) TFEU))
(2018/C 301/02)
Language of the case: Hungarian

Referring court

Szombathelyi Törvényszék

Party to the main proceedings

Dániel Bertold Lada

Operative part of the judgment

Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings, read in the light of Article 82 TFEU, must be interpreted as precluding the taking into account in a Member State, in new criminal proceedings brought against a person, of a final judgment previously handed down by a court of another Member State convicting that person of other offences being conditional on a special procedure for prior recognition, such as that at issue in the main proceedings, by the courts of the first Member State.


(1)  OJ C 350, 26.9.2016.
Initiation of proceedings (Case M.8674 — BASF/Solvay’s EP and P&amp;I Business) (Text with EEA relevance.)
Date: 2018-07-05
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control, plastics industry








C_2018234EN.01000101.xml










5.7.2018   


EN


Official Journal of the European Union


C 234/1





Initiation of proceedings
(Case M.8674 — BASF/Solvay’s EP and P&I Business)
(Text with EEA relevance)
(2018/C 234/01)
On 26 June 2018, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8674 — BASF/Solvay’s EP and P&I Business, to the following 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-339/17: Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the Landgericht Köln — Germany) — Verein für lauteren Wettbewerb eV v Princesport GmbH (Reference for a preliminary ruling — Textile fibre names and related labelling and marking requirements — Regulation (EU) No 1007/2011 — Articles 7 and 9 — Pure textile products — Multi-fibre textile products — Labelling or marking methods)
Date: 2018-07-05
Institutions: Court of Justice
Subjects: labelling, product designation, textile fibre








C_2018301EN.01000901.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/9






Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the Landgericht Köln — Germany) — Verein für lauteren Wettbewerb eV v Princesport GmbH
(Case C-339/17) (1)

((Reference for a preliminary ruling - Textile fibre names and related labelling and marking requirements - Regulation (EU) No 1007/2011 - Articles 7 and 9 - Pure textile products - Multi-fibre textile products - Labelling or marking methods))
(2018/C 301/11)
Language of the case: German

Referring court

Landgericht Köln

Parties to the main proceedings


Applicant: Verein für lauteren Wettbewerb eV

Defendant: Princesport GmbH

Operative part of the judgment







1.


Article 4 and the first subparagraph of Article 14(1) of Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council, read in conjunction with recital 10 of that regulation, must be interpreted to the effect that they impose a general labelling or marking obligation in order to give an indication of the fibre composition of all textile products, including those textile products defined in Article 7 of that regulation.










2.


Article 7(1) of Regulation No 1007/2011 must be interpreted to the effect that it does not impose a requirement to use, on the label or marking of a pure textile product, one of the three terms referred to in that provision, that is to say, ‘100 %’, ‘pure’ or ‘all’. When those terms are used, they may be used jointly.










3.


Article 9(1) of Regulation No 1007/2011 must be interpreted to the effect that the obligation to indicate, on the label or marking, the name and percentage by weight of all the constituent fibres of the textile product in question does not apply to pure textile products.






(1)  OJ C 283, 28.8.2017.
Case C-43/17 P: Judgment of the Court (First Chamber) of 5 July 2018 — Liam Jenkinson v European External Action Service, Council of the European Union, European Commission, Eulex Kosovo (Appeal — Arbitration clause — Staff of international missions of the European Union — Jurisdiction to rule on disputes concerning employment contracts — Consecutive fixed-term contracts — Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts — Decision not to renew the final contract — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Claims for compensation for unfair dismissal — Contractual relationships prior to the final contract to be taken into account — Jurisdiction of the General Court of the European Union)
Date: 2018-07-05
Institutions: Court of Justice
Subjects: EU military mission, arbitration clause, full-time employment, indemnification, jurisdiction, labour dispute, temporary employment, unfair dismissal, work contract








C_2018301EN.01000601.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/6






Judgment of the Court (First Chamber) of 5 July 2018 — Liam Jenkinson v European External Action Service, Council of the European Union, European Commission, Eulex Kosovo
(Case C-43/17 P) (1)

((Appeal - Arbitration clause - Staff of international missions of the European Union - Jurisdiction to rule on disputes concerning employment contracts - Consecutive fixed-term contracts - Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts - Decision not to renew the final contract - Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ - Claims for compensation for unfair dismissal - Contractual relationships prior to the final contract to be taken into account - Jurisdiction of the General Court of the European Union))
(2018/C 301/07)
Language of the case: French

Parties


Appellant: Liam Jenkinson (represented by: N. de Montigny and J.-N. Louis, avocats)

Other parties to the proceedings: Council of the European Union (represented by: A. Vitro and M. Bishop, acting as Agents), European Commission (represented initially by: G. Gattinara, L. Radu Bouyon and S. Bartelt, acting as Agents, and subsequently by G. Gattinara, A. Aresu and L. Radu Bouyon, acting as Agents), European External Action Service (EEAS) (represented by: S. Marquardt, R. Spac and E. Orgován, acting as Agents), Eulex Kosovo (represented by: M. Vicente Hernandez, avocate, and subsequently by E. Raoult, avocate)

Operative part of the judgment

The Court:






1.


Sets aside the order of the General Court of the European Union of 9 November 2016, Jenkinson v Council and Others (T-602/15, EU:T:2016:660);










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 104, 3.4.2017.
New national side of euro coins intended for circulation
Date: 2018-07-05
Institutions: European Commission
Subjects: Portugal, commemoration, euro, issuing of currency




C_2018234EN.01000501.xml










5.7.2018   


EN


Official Journal of the European Union


C 234/5





New national side of euro coins intended for circulation
(2018/C 234/05)




National side of the new commemorative 2-euro coin intended for circulation and issued by Portugal

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Portugal


Subject of commemoration
: 250 years of the Official Printing Works (‘Imprensa Nacional’)



Description of the design
: The design displays the inscription ‘1768-2018 IMPRENSA NACIONAL DUZENTOS E CINQUENTA 250 ANOS PORTUGAL MMXVIII’ as if the letters and numbers were books displayed in a library. At the bottom of the inner ring there is the name of the artist ‘Eduardo Aires’ at the left side and the mintmark ‘INCM’ at the right side. The Official Printing Works are responsible with the publication of the Portuguese Official Journal containing all the legislative activity of the country, books of the highest cultural relevance, and other cultural activities.
The coin’s outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 


Date of issue
: Second half of 2018


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Prior notification of a concentration (Case M.8946 — Lindsay Goldberg/Coveris Rigid) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-07-05
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, packaging product, plastics industry








C_2018234EN.01000601.xml










5.7.2018   


EN


Official Journal of the European Union


C 234/6





Prior notification of a concentration
(Case M.8946 — Lindsay Goldberg/Coveris Rigid)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 234/06)

1.   
On 25 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:






—


Goldberg, Lindsay & Co., LLC (‘Lindsay Goldberg’, USA), and










—


the rigid plastic packaging business of Coveris Group (‘Coveris Rigid’, Germany/Luxembourg), consisting of Coveris International Holdings SARL, Coveris Rigid Deutschland GmbH and Coveris Rigid (Ravensburg) Deutschland GmbH (and their respective subsidiaries).




Lindsay Goldberg acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Coveris Rigid.
The concentration is accomplished by way of a purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Lindsay Goldberg: private equity investment firm with 16 portfolio companies, none of which is active in the production and supply of rigid plastic packaging products in the EEA,
—   for Coveris Rigid: production and sale of rigid plastic packaging solutions such as pots and containers, trays, closures, lids, and sheets, based on different materials for use in various downstream industry sectors.


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.8946 — Lindsay Goldberg/Coveris Rigid
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.
Case C-217/17 P: Judgment of the Court (Ninth Chamber) of 5 July 2018 — Mast-Jägermeister SE v European Union Intellectual Property Office (EUIPO) (Appeal — Community design — Application for registration of designs representing beakers — Regulation (EC) No 6/2002 — Article 36(1)(c) — Graphic representation — Articles 45 and 46 — Attribution of a date of filing — Conditions — Regulation (EC) No 2245/2002 — Article 4(1)(e) and Article 10(1) and (2))
Date: 2018-07-05
Institutions: Court of Justice
Subjects: designs and models, glass, packaging product








C_2018301EN.01000801.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/8






Judgment of the Court (Ninth Chamber) of 5 July 2018 — Mast-Jägermeister SE v European Union Intellectual Property Office (EUIPO)
(Case C-217/17 P) (1)

((Appeal - Community design - Application for registration of designs representing beakers - Regulation (EC) No 6/2002 - Article 36(1)(c) - Graphic representation - Articles 45 and 46 - Attribution of a date of filing - Conditions - Regulation (EC) No 2245/2002 - Article 4(1)(e) and Article 10(1) and (2)))
(2018/C 301/09)
Language of the case: German

Parties


Appellant: Mast-Jägermeister SE (represented by: C. Drzymalla, Rechtsanwalt)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mast-Jägermeister SE to pay the costs.






(1)  OJ C 300, 11.9.2017.
Euro exchange rates
Date: 2018-07-05
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018234EN.01000201.xml










5.7.2018   


EN


Official Journal of the European Union


C 234/2





Euro exchange rates (1)

4 July 2018
(2018/C 234/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1642 




JPY


Japanese yen


128,64 




DKK


Danish krone


7,4507 




GBP


Pound sterling


0,88108 




SEK


Swedish krona


10,2510 




CHF


Swiss franc


1,1557 




ISK


Iceland króna


125,25 




NOK


Norwegian krone


9,4433 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,028 




HUF


Hungarian forint


325,65 




PLN


Polish zloty


4,3790 




RON


Romanian leu


4,6656 




TRY


Turkish lira


5,4692 




AUD


Australian dollar


1,5763 




CAD


Canadian dollar


1,5306 




HKD


Hong Kong dollar


9,1307 




NZD


New Zealand dollar


1,7217 




SGD


Singapore dollar


1,5891 




KRW


South Korean won


1 301,20 




ZAR


South African rand


15,9628 




CNY


Chinese yuan renminbi


7,7207 




HRK


Croatian kuna


7,3940 




IDR


Indonesian rupiah


16 709,00 




MYR


Malaysian ringgit


4,7104 




PHP


Philippine peso


62,158 




RUB


Russian rouble


73,6646 




THB


Thai baht


38,622 




BRL


Brazilian real


4,5346 




MXN


Mexican peso


22,6786 




INR


Indian rupee


80,0270 






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