do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8936 — Cinven/Partner in Pet Foods Holdings) (Text with EEA relevance.)
Date: 2018-07-13
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, food industry, investment company, manufactured feedingstuffs, merger control








C_2018258EN.01000101.xml










23.7.2018   


EN


Official Journal of the European Union


C 258/1





Non-opposition to a notified concentration
(Case M.8936 — Cinven/Partner in Pet Foods Holdings)
(Text with EEA relevance)
(2018/C 258/01)
On 13 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 32018M8936. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-58/14: Judgment of the General Court of 13 July 2018 — Stührk Delikatessen Import v Commission (Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price fixing and the exchange of commercially sensitive information — Single and continuous infringement — Fines — Principle that offences and penalties must be defined by law — 2006 guidelines on the setting of fines — Mitigating factors — Substantially limited involvement — Cooperation during the administrative procedure — Maximum of 10 % of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Paragraph 37 of the 2006 guidelines on the setting of fines — Equal treatment — Obligation to state reasons)
Date: 2018-07-13
Institutions: General Court
Subjects: EU Member State, cartel, competition policy, crustacean, equal treatment, exchange of information, market-sharing agreement, price agreement, sanction (EU), trade information








C_2018328EN.01003101.xml










17.9.2018   


EN


Official Journal of the European Union


C 328/31






Judgment of the General Court of 13 July 2018 — Stührk Delikatessen Import v Commission
(Case T-58/14) (1)

((Competition - Agreements, decisions and concerted practices - Belgian, German, French and Dutch markets in North Sea shrimp - Decision finding an infringement of Article 101 TFEU - Price fixing and the exchange of commercially sensitive information - Single and continuous infringement - Fines - Principle that offences and penalties must be defined by law - 2006 guidelines on the setting of fines - Mitigating factors - Substantially limited involvement - Cooperation during the administrative procedure - Maximum of 10 % of total turnover - Article 23(2) of Regulation (EC) No 1/2003 - Paragraph 37 of the 2006 guidelines on the setting of fines - Equal treatment - Obligation to state reasons))
(2018/C 328/40)
Language of the case: German

Parties


Applicant: Stührk Delikatessen Import GmbH & Co. KG (Marne, Germany) (represented by: J. Sparr, lawyer)

Defendant: European Commission (represented by: H. Leupold, F. Ronkes Agerbeek and P. Van Nuffel, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2013) 8286 final of 27 November 2013 relating to a proceeding under Article 101 TFEU (Case AT.39633 — Shrimps), in so far as it concerns the applicant, and, secondly, a reduction of the fines imposed on the applicant.

Operative part of the judgment

The Court:






1.


Annuls the first paragraph of Article 2(c) of Commission Decision C(2013) 8286 final of 27 November 2013 relating to a proceeding under Article 101 TFEU (Case AT.39633 — Shrimps);










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to bear its own costs as well as half of those incurred by Stührk Delikatessen Import GmbH & Co. KG;










4.


Orders Stührk Delikatessen Import GmbH & Co. KG to bear half of its own costs.






(1)  OJ C 129, 28.4.2014.
Action brought on 13 July 2018 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-1/18)
Date: 2018-07-13
Institutions: EFTA Court
Subjects: European Economic Area, Norway, application of EU law, child, dependant, equal treatment, family relationship, gender equality, parental allowance, sexual discrimination








C_2018314EN.01001301.xml










6.9.2018   


EN


Official Journal of the European Union


C 314/13






Action brought on 13 July 2018 by the EFTA Surveillance Authority against the Kingdom of Norway
(Case E-1/18)
(2018/C 314/11)
An action against the Kingdom of Norway was brought before the EFTA Court on 13 July 2018 by the EFTA Surveillance Authority, represented by Claire Simpson, Erlend M. Leonhardsen, Catherine Howdle and Carsten Zatschler, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that, by maintaining in force provisions such as Section 14-13 first, second and third paragraphs and Section 14-14 first paragraph of the National Insurance Act, which render the father’s entitlement to parental benefits dependent on the mother’s situation whereas the mother’s entitlement is not dependent on the father’s situation, Norway has failed to fulfil its obligations under Article 14(1)(c) of the Act referred to at point 21b of Annex XVIII to the EEA Agreement (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)).










2.


Order the Kingdom of Norway to pay the cost of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


This case concerns how parental benefits are paid in Norway. Parental benefits are benefits payable to parents (mothers and fathers) during a period of leave in connection with the birth or adoption of a child.










—


The EFTA Surveillance Authority considers that some of the rules on parental benefits in Norway directly discriminate against fathers. In short, under these rules, whether the father gets parental benefits in whole, in part – or at all – depends on whether the mother is or has been working (or takes part in similar activities). In contrast, the mother’s rights to such benefits are independent of the father’s activities.










—


The EFTA Surveillance Authority considers that mothers and fathers are in comparable situations when it comes to bringing up children, and that the different treatment in the Norwegian parental benefit rules unlawfully discriminates against fathers on grounds of sex, breaching Article 14(1)(c) of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.










—


The Authority further considers that such discrimination cannot be justified under Article 3 of Directive 2006/54/EC as a ‘positive action’ to help mothers achieve equality in working life, nor on any other grounds.
Case T-606/16: Judgment of the General Court of 13 July 2018 — Pereira v Commission (Civil service — Officials — Non-promotion — 2015 promotion procedure — Decision not to promote the applicant to grade AST 7 — Obligation to state reasons — Comparative merits — Seniority in the grade — Accumulated merits — Manifest errors of assessment)
Date: 2018-07-13
Institutions: General Court
Subjects: assistant, pay scale, promotion, seniority, staff assessment








C_2018328EN.01004101.xml










17.9.2018   


EN


Official Journal of the European Union


C 328/41






Judgment of the General Court of 13 July 2018 — Pereira v Commission
(Case T-606/16) (1)

((Civil service - Officials - Non-promotion - 2015 promotion procedure - Decision not to promote the applicant to grade AST 7 - Obligation to state reasons - Comparative merits - Seniority in the grade - Accumulated merits - Manifest errors of assessment))
(2018/C 328/56)
Language of the case: French

Parties


Applicant: Felismino Pereira (Wavre, Belgium) (represented by: N. de Montigny and J.-N. Louis, then N. de Montigny, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid initially, then G. Berscheid and L. Radu Bouyon, Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

Application brought pursuant to Article 270 TFEU and seeking annulment of the Commission’s decision not to promote the applicant during the 2015 promotion procedure and, so far as necessary, of the decision rejecting his complaint.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Felismino Pereira to pay the costs.






(1)  OJ C 335, 12.9.2016 (case initially registered before the European Union Civil Service Tribunal under number F-36/16 and transferred to the General Court of the European Union on 1.9.2016).
Case T-273/17: Judgment of the General Court of 13 July 2018 — Quadri di Cardano v Commission (Civil service — Members of the contract staff — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — Ten-year reference period — Nationality of the State of employment — Residence in the State of employment — Duties in an international organisation — Temporary employment contract)
Date: 2018-07-13
Institutions: General Court
Subjects: allowances and expenses, contract staff, executive agency, expatriate worker, international organisation, nationality, residence, servant (EU), temporary employment








C_2018341EN.01001402.xml










24.9.2018   


EN


Official Journal of the European Union


C 341/14






Judgment of the General Court of 13 July 2018 — Quadri di Cardano v Commission
(Case T-273/17) (1)

((Civil service - Members of the contract staff — Expatriation allowance - Article 4(1)(b) of Annex VII to the Staff Regulations - Ten-year reference period - Nationality of the State of employment - Residence in the State of employment - Duties in an international organisation - Temporary employment contract))
(2018/C 341/25)
Language of the case: French

Parties


Applicant: Alessandro Quadri di Cardano (Alicante, Spain) (represented by: N. de Montigny and J.-N. Louis, then N. de Montigny, lawyers)

Defendant: European Commission (represented by: T. Bohr and M. Mensi initially, then T. Bohr and L. Radu Bouyon, Agents)

Re:

Application based on Article 270 TFEU and seeking annulment of the decision dated 19 July 2016 of the Commission’s Office for the Administration and Payment of Individual Entitlements (PMO), in so far as it refuses to grant the applicant the expatriation allowance on his entry into the service of INEA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Alessandro Quadri di Cardano to pay the costs.






(1)  OJ C 221, 10.7.2017.
Case T-433/18: Action brought on 13 July 2018 — Bax v ECB
Date: 2018-07-13
Institutions: General Court
Subjects: damages, outplacement, principle of legal certainty, principle of proportionality, sexual discrimination, transparency in decision-making








C_2018328EN.01005201.xml










17.9.2018   


EN


Official Journal of the European Union


C 328/52






Action brought on 13 July 2018 — Bax v ECB
(Case T-433/18)
(2018/C 328/71)
Language of the case: English

Parties


Applicant: Annemieke Bax (Frankfurt, Germany) (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Central Bank (ECB)

Form of order sought







—


annulment of the decision of the Executive Board of the ECB of 14 December 2017, rejecting the applicant’s application to benefit from the career transition support scheme put in place by the ECB;










—


if need be, annul the ECB decision of 8 May 2018 rejecting the applicant’s special appeal;










—


order the ECB to pay the applicant compensation for the non-material damage suffered in the amount of EUR 20 000;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging infringement of the principles of transparency, non-discrimination and legal certainty.










2.


Second plea in law, alleging that decision SEC/EB/X/17/398a.rev-1/final (‘General Methodology for the Practical Implementation of the Career Transition Support Scheme (CTS)’) is illegal, inter alia because it breaches Decision ECB/2017/NP 19 of 17 May 2017.










3.


Third plea in law, alleging that the defendant failed to discharge its duty of care to the applicant.










4.


Fourth plea in law, alleging discrimination on grounds of sex, contrary to Directive 2006/54. (1)











5.


Fifth plea in law, alleging infringement of the principle of proportionality owing to the application of disproportionate eligibility criteria.






(1)  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23).
Council Decision of 13 July 2018 appointing one alternate member of the Management Board of the European Institute for Gender Equality for Greece
Date: 2018-07-13
Institutions: Council of the European Union
Subjects: European Institute for Gender Equality, Greece, board of directors








C_2018251EN.01000501.xml










18.7.2018   


EN


Official Journal of the European Union


C 251/5





COUNCIL DECISION
of 13 July 2018
appointing one alternate member of the Management Board of the European Institute for Gender Equality for Greece
(2018/C 251/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (1), and in particular Article 10 thereof,
Whereas:






(1)


By its Decision of 26 May 2016 (2), the Council appointed 18 members and 17 alternate members of the Management Board of the European Institute for Gender Equality for the period from 1 June 2016 to 31 May 2019.










(2)


The government of Greece has submitted one nomination for a post of alternate member to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed as alternate member of the Management Board of the European Institute for Gender Equality for Greece for the remainder of the current term of office, which runs until 31 May 2019:
GOVERNMENT REPRESENTATIVES







Country


Members


Alternates




Greece


 


Mr Dimitrios PLATIS




Article 2
The Council shall appoint members and alternate members who have not yet been nominated at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Brussels, 13 July 2018.


For the Council


The President

H. LÖGER




(1)  OJ L 403, 30.12.2006, p. 9.

(2)  Council Decision of 26 May 2016 appointing the members and alternate members of the Management Board of the European Institute for Gender Equality (OJ C 199, 4.6.2016, p. 5).
Case T-757/16: Judgment of the General Court of 13 July 2018 — Société générale v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — The ECB’s refusal to authorise the applicant to exclude from the calculation of the leverage ratio the exposures fulfilling certain conditions — Article 429(14) of Regulation (EU) No 575/2013 — Discretion of the ECB — Errors of law — Manifest error of assessment)
Date: 2018-07-13
Institutions: General Court
Subjects: banking supervision, competence of the institution, credit institution, discretionary power, economic policy, financial supervision, monetary policy, powers of the institutions (EU)








C_2018328EN.01004401.xml










17.9.2018   


EN


Official Journal of the European Union


C 328/44






Judgment of the General Court of 13 July 2018 — Société générale v ECB
(Case T-757/16) (1)

((Economic and monetary policy - Prudential supervision of credit institutions - Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 - Calculation of the leverage ratio - The ECB’s refusal to authorise the applicant to exclude from the calculation of the leverage ratio the exposures fulfilling certain conditions - Article 429(14) of Regulation (EU) No 575/2013 - Discretion of the ECB - Errors of law - Manifest error of assessment))
(2018/C 328/59)
Language of the case: French

Parties


Applicant: Société générale (Paris, France) (represented by: initially A. Gosset-Grainville, C. Renner and P. Kupka, then A. Gosset-Grainville, P. Kupka and M. Trabucchi and finally A. Gosset-Grainville and M. Trabucchi, lawyers)

Defendant: European Central Bank (ECB) (represented by: K. Lackhoff, R. Bax and G. Bassani, acting as Agents, and by H.-G. Kamann and F. Louis, lawyers)

Intervener in support of the defendant: Republic of Finland (represented by: S. Hartikainen, acting as Agent)

Re:

Action based on Article 263 TFEU and seeking annulment of Decision ECB/SSM/2016 O2RNE8IBXP4R0TD8PU41/72 of the ECB, of 24 August 2016, pursuant to Article 4(1)(d), of Article 10 of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63), and of Article 429(14) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ 2013 L 176, p. 1, and corrigenda OJ 2013 L 208, p. 68 and OJ 2013 L 321, p. 6).

Operative part of the judgment

The Court:






1.


Annuls Decision ECB/SSM/2016 O2RNE8IBXP4R0TD8PU41/72 of the European Central Bank of 24 August 2016;










2.


Orders the ECB to pay the costs;










3.


Orders the Republic of Finland to bear its own costs.






(1)  OJ C 6, 9.1.2017.
Case T-751/16: Judgment of the General Court of 13 July 2018 — BNP Paribas v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — Refusal of the ECB to grant authorisation to the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — Discretion of the ECB — Errors of law — Manifest error of assessment)
Date: 2018-07-13
Institutions: General Court
Subjects: banking policy, banking supervision, credit institution, discretionary power, financial control, financial legislation








C_2018352EN.01003101.xml










1.10.2018   


EN


Official Journal of the European Union


C 352/31






Judgment of the General Court of 13 July 2018 — BNP Paribas v ECB
(Case T-751/16) (1)

((Economic and monetary policy - Prudential supervision of credit institutions - Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 - Calculation of the leverage ratio - Refusal of the ECB to grant authorisation to the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio - Article 429(14) of Regulation (EU) No 575/2013 - Discretion of the ECB - Errors of law - Manifest error of assessment))
(2018/C 352/36)
Language of the case: French

Parties


Applicant: Confédération nationale du Crédit mutuel (Paris, France) (represented by: M. Grégoire and C. De Jonghe, lawyers)

Defendant: European Central Bank (represented by: K. Lackhoff, R. Bax, G. Bassani and C. Olivier, acting as Agents, and H.-G. Kamann and F. Louis, lawyers)

Intervener in support of the defendant: Republic of Finland (represented by: S. Hartikainen, acting as Agent)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of European Central Bank Decision ECB/SSM/2016-9695000CG7B84NLR5984/92 of 24 August 2016, taken pursuant to Article 4(1)(d) and Article 10 of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63), and Article 429(14) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on the prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ 2013 L 176, p. 1, corrigenda OJ 2013 L 208, p. 68 and OJ 2013 L 321, p. 6).

Operative part of the judgment

The Court:






1.


Annuls European Central Bank (ECB) Decision ECB/SSM/2016-9695000CG7B84NLR5984/92 of 24 August 2016;










2.


Orders the ECB to pay the costs;










3.


Orders the Republic of Finland to bear its own costs.






(1)  OJ C 6, 9.1.2017.
Case T-797/17: Judgment of the General Court of 13 July 2018 — Star Television Productions v EUIPO — Marc Dorcel (STAR) (EU trade mark — Revocation proceedings — EU figurative mark STAR — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
Date: 2018-07-13
Institutions: General Court
Subjects: EU trade mark, advertising, broadcasting, database, electronic device, office equipment, registered trade mark, television, trade-mark law








C_2018352EN.01003401.xml










1.10.2018   


EN


Official Journal of the European Union


C 352/34






Judgment of the General Court of 13 July 2018 — Star Television Productions v EUIPO — Marc Dorcel (STAR)
(Case T-797/17) (1)

((EU trade mark - Revocation proceedings - EU figurative mark STAR - No genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)))
(2018/C 352/40)
Language of the case: French

Parties


Applicant: Star Television Productions Ltd (Tortola, United Kingdom) (represented by: D. Farnsworth, lawyer)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Marc Dorcel SA (Paris, France) (represented by: B. Soyer, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 14 September 2017 (Case R 1519/2016-2), relating to revocation proceedings between Star Television Productions and Marc Dorcel.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Star Television Productions Ltd to bear the costs.






(1)  OJ C 42, 5.2.2018.