do-me/EUR-LEX huggingface dataset:
Case T-750/17: Order of the General Court of 19 July 2018 — Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych v Commission (Access to documents — Regulation (EC) No 1049/2001 — Request for access to the observations of the Commission and a detailed opinion of a Member State in the context of a notification procedure under Directive (EU) 2015/1535 — Refusal to grant access — Disclosure after commencement of the action — Action which has become devoid of purpose — No need to adjudicate)
Date: 2018-07-19
Institutions: General Court
Subjects: Malta, Poland, access to EU information, game of chance, infringement procedure (EU), national law








C_2018392EN.01003001.xml










29.10.2018   


EN


Official Journal of the European Union


C 392/30






Order of the General Court of 19 July 2018 — Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych v Commission
(Case T-750/17) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Request for access to the observations of the Commission and a detailed opinion of a Member State in the context of a notification procedure under Directive (EU) 2015/1535 - Refusal to grant access - Disclosure after commencement of the action - Action which has become devoid of purpose - No need to adjudicate))
(2018/C 392/37)
Language of the case: English

Parties


Applicant: Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych (Warsaw, Poland) (represented by: P. Hoffman, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and M. Konstantinidis, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of European Commission Decision C(2017) 6020 final of 29 August 2017, rejecting the confirmatory application of the applicant for access to the Commission’s comments and the detailed opinion of the Republic of Malta issued in the framework of notification procedure 2016/398/PL, pursuant to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ 2015 L 241, p. 1).

Operative part of the order







1.


There is no longer any need to adjudicate on the application.










2.


There is no longer any need to adjudicate on the Republic of Poland’s application for leave to intervene.










3.


Each party is to bear its own costs.










4.


The Republic of Poland is to bear its own costs relating to the application for leave to intervene.






(1)  OJ C 22, 22.1.2018.
Corrigendum to Passenger Name Records (PNR) — List of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union) (OJ C 196, 8.6.2018)
Date: 2018-07-19
Institutions: European Commission
Subjects: EU Member State, air safety, air transport, data collection, data protection, data transmission, personal data, protection of privacy, terrorism, traveller








C_2018253EN.01004701.xml










19.7.2018   


EN


Official Journal of the European Union


C 253/47





Corrigendum to Passenger Name Records (PNR)
List of Member States who have decided the application of the PNR Directive to intra-EU flights as referred to in Article 2 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

(If a Member State decides to apply this Directive to intra-EU flights, it shall notify the Commission in writing. A Member State may give or revoke such a notification at any time. The Commission shall publish that notification and any revocation of it in the Official Journal of the European Union)

(
Official Journal of the European Union C 196 of 8 June 2018
)
(2018/C 253/12)
On page 29:
The following Member State that has notified the Commission of the application of the PNR Directive in intra-EU flights is added:






—


Latvia
Commission Implementing Regulation (EU) 2018/1026 of 19 July 2018 on the minimum selling price for skimmed milk powder for the 22nd partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2018-07-19
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2018184EN.01000301.xml










20.7.2018   


EN


Official Journal of the European Union


L 184/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1026
of 19 July 2018
         
on the minimum selling price for skimmed milk powder for the 22nd partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the 22nd partial invitation to tender, a minimum selling price should be fixed.












(3)


The Committee for the Common Organisation of the Agricultural Markets has not delivered an opinion within the time limit laid down by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the 22nd partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 17 July 2018, the minimum selling price shall be 112,50 EUR/100 kg.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2018.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Case T-449/18: Action brought on 19 July 2018 — Ortlieb Sportartikel v EUIPO (Octogon)
Date: 2018-07-19
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, leather, personal effects, registered trade mark, trade-mark law








C_2018311EN.01002001.xml










3.9.2018   


EN


Official Journal of the European Union


C 311/20






Action brought on 19 July 2018 — Ortlieb Sportartikel v EUIPO (Octogon)
(Case T-449/18)
(2018/C 311/21)
Language of the application: German

Parties


Applicant: Ortlieb Sportartikel GmbH (Heilsbronn, Germany) (represented by: A. Wulf and K. Schmidt-Hern, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: European Union figurative mark (Representation of an octogon) — Application for registration No 16 047 466

Contested decision: Decision of the First Board of Appeal of EUIPO of 27 April 2018 in Case R 1634/2017-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-472/18: Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 19 July 2018 — ER v Agencia Estatal de la Administración Tributaria
Date: 2018-07-19
Institutions: Court of Justice
Subjects: arrangement of working time, collective agreement, equal treatment, gender equality, part-time employment, reduction of working time








C_2018373EN.01000702.xml










15.10.2018   


EN


Official Journal of the European Union


C 373/7






Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 19 July 2018 — ER v Agencia Estatal de la Administración Tributaria
(Case C-472/18)
(2018/C 373/08)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings


Appellant: ER

Respondent: Agencia Estatal de la Administración Tributaria

Question referred

Are a provision in a collective agreement and an employer’s practice, pursuant to which, for the purposes of remuneration and promotion, the length of service of a part-time female employee whose working hours are ‘distributed vertically’ over the whole year is to be calculated solely on the basis of time actually worked, contrary to Clause 4(1) and (2) of the Framework Agreement on part-time work [annexed to] Council Directive 97/81/EC of 15 December 1997, (1) and to Articles 2(1)(b) and 14(1) of 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)



(1)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).

(2)  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).
Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance.)
Date: 2018-07-19
Institutions: European Commission
Subjects: France, Ile-de-France, Limousin, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2018253EN.01002902.xml










19.7.2018   


EN


Official Journal of the European Union


C 253/29





Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 253/08)






Member State


France




Route concerned


Limoges-Paris (Orly)




Period of validity of the contract


From 1 February 2019 to 31 January 2023




Deadline for the submission of applications and tenders


15 October 2018 (12.00, local time)




Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained







Syndicat Mixte de l’Aéroport de Limoges-Bellegarde (SMALB)




Mr Fabrice CREON




Director




Tel. +33 555433014/642171178




Email: direction@smalb-aeroport.fr




Or on the platform where the SMALB’s buyer profile can be found: https://www.e-marchespublics.com
Case T-180/14: Order of the General Court of 19 July 2018 — Front Polisario v Council (Action for annulment — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Protocol setting out the fishing opportunities provided for in that agreement — Act concluding the agreement — Applicability of the agreement and protocol to the territory of Western Sahara and the waters adjacent thereto — Lack of standing to bring proceedings — Inadmissibility)
Date: 2018-07-19
Institutions: General Court
Subjects: Morocco, Western Sahara, agreement (EU), fishing agreement, protocol to an agreement, right of action








C_2018381EN.01002401.xml










22.10.2018   


EN


Official Journal of the European Union


C 381/24






Order of the General Court of 19 July 2018 — Front Polisario v Council
(Case T-180/14) (1)

((Action for annulment - Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco - Protocol setting out the fishing opportunities provided for in that agreement - Act concluding the agreement - Applicability of the agreement and protocol to the territory of Western Sahara and the waters adjacent thereto - Lack of standing to bring proceedings - Inadmissibility))
(2018/C 381/28)
Language of the case: French

Parties


Applicant: Front populaire pour la libération de la Saguia-el-Hamra et du Rio de Oro (Front Polisario) (represented by: G. Devers, lawyer)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou, A. de Elera-San Miguel Hurtado and A. Westerhof Löfflerová, acting as Agents)

Party intervening in support of the defendant: European Commission (represented by: A. Bouquet, F. Castillo de la Torre and E. Paasivirta, acting as Agents)

Re:

Action brought under Article 263 TFEU seeking the annulment of, first, Council Decision 2013/785/EU of 16 December 2013 on the conclusion, on behalf of the European Union, of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (OJ 2013 L 349, p. 1) and, second, Commission Decision (EU) 2018/393 of 12 March 2018 approving, on behalf of the European Union, amendments to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (OJ 2018 L 69, p. 60).

Operative part of the order

The Court orders:






1.


The action is dismissed.










2.


The Front populaire pour la libération de la Saguia-el-Hanra et du Rio de Oro (Front Polisario) shall pay, in addition to its own costs, those incurred by the Council of the European Union.










3.


The European Commission shall bear its own costs.






(1)  OJ C 184, 6.6.2014.
Euro exchange rates
Date: 2018-07-19
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018253EN.01001301.xml










19.7.2018   


EN


Official Journal of the European Union


C 253/13





Euro exchange rates (1)

18 July 2018
(2018/C 253/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1611 




JPY


Japanese yen


130,92 




DKK


Danish krone


7,4544 




GBP


Pound sterling


0,89118 




SEK


Swedish krona


10,3120 




CHF


Swiss franc


1,1611 




ISK


Iceland króna


124,40 




NOK


Norwegian krone


9,5023 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,853 




HUF


Hungarian forint


323,94 




PLN


Polish zloty


4,3103 




RON


Romanian leu


4,6560 




TRY


Turkish lira


5,6121 




AUD


Australian dollar


1,5794 




CAD


Canadian dollar


1,5389 




HKD


Hong Kong dollar


9,1141 




NZD


New Zealand dollar


1,7175 




SGD


Singapore dollar


1,5883 




KRW


South Korean won


1 316,94 




ZAR


South African rand


15,5060 




CNY


Chinese yuan renminbi


7,8042 




HRK


Croatian kuna


7,3928 




IDR


Indonesian rupiah


16 725,65 




MYR


Malaysian ringgit


4,7071 




PHP


Philippine peso


62,163 




RUB


Russian rouble


73,3067 




THB


Thai baht


38,734 




BRL


Brazilian real


4,4804 




MXN


Mexican peso


22,0778 




INR


Indian rupee


79,6840 






(1)  Source: reference exchange rate published by the ECB.
Case C-469/18: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 19 July 2018 — IN v Belgische Staat
Date: 2018-07-19
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, proof, protection of privacy, right to justice








C_2018427EN.01000402.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/4






Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 19 July 2018 — IN v Belgische Staat
(Case C-469/18)
(2018/C 427/07)
Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings


Applicant: IN

Defendant: Belgische Staat

Question referred

Should Article 47 of the Charter of Fundamental Human Rights of the European Union, in cases of value added tax, be interpreted as precluding in all circumstances the use of evidence obtained in violation of the right to respect for private life as guaranteed by Article 7 of the Charter, or does it leave room for a national regulation under which the court which has to decide whether such a piece of evidence can be used as the basis for a VAT assessment has to make an evaluation such as the one set out above under paragraph 4 of this judgment.
Prior notification of a concentration (Case M.9041 — Hutchison/Wind Tre) (Text with EEA relevance.)
Date: 2018-07-19
Institutions: European Commission
Subjects: economic concentration, energy industry, harbour installation, merger control, retail trade, telecommunications








C_2018253EN.01004601.xml










19.7.2018   


EN


Official Journal of the European Union


C 253/46





Prior notification of a concentration
(Case M.9041 — Hutchison/Wind Tre)
(Text with EEA relevance)
(2018/C 253/11)

1.   
On 12 July 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:






—


CK Hutchison Holdings Limited (‘Hutchison’, Hong Kong),










—


Wind Tre SpA (‘Wind Tre’, Italy).




Hutchison acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Wind Tre.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for undertaking Hutchison: ports and related services, retail, infrastructure, energy and telecommunications,
—   for undertaking Wind Tre: mobile and fixed telecommunications in Italy.


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.9041 — Hutchison/Wind Tre
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-470/18: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 19 July 2018 — JM v Belgische Staat
Date: 2018-07-19
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, proof, protection of privacy, right to justice








C_2018427EN.01000501.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/5






Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 19 July 2018 — JM v Belgische Staat
(Case C-470/18)
(2018/C 427/08)
Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings


Applicant: JM

Defendant: Belgische Staat

Question referred

Should Article 47 of the Charter of Fundamental Human Rights of the European Union, in cases of value added tax, be interpreted as precluding in all circumstances the use of evidence obtained in violation of the right to respect for private life as guaranteed by Article 7 of the Charter, or does it leave room for a national regulation under which the court which has to decide whether such a piece of evidence can be used as the basis for a VAT assessment has to make an evaluation such as the one set out above under paragraph 4 of this judgment.
Case T-693/16 P: Judgment of the General Court of 19 July 2018 — HG v Commission (Appeal — Civil service — Officials — Posting to a third country — Lodging provided by the administration — Disciplinary penalty — Dismissal of the action at first instance — Composition of the panel of judges which delivered the judgment at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the lawful judge)
Date: 2018-07-19
Institutions: General Court
Subjects: Civil Service Tribunal, European official, administrative sanction, appointment of members, expatriate worker, judge, posted worker, third country








C_2018364EN.01001102.xml










8.10.2018   


EN


Official Journal of the European Union


C 364/11






Judgment of the General Court of 19 July 2018 — HG v Commission
(Case T-693/16 P) (1)

((Appeal - Civil service - Officials - Posting to a third country - Lodging provided by the administration - Disciplinary penalty - Dismissal of the action at first instance - Composition of the panel of judges which delivered the judgment at first instance - Procedure for appointment of a judge to the Civil Service Tribunal - Tribunal established by law - Principle of the lawful judge))
(2018/C 364/11)
Language of the case: French

Parties


Appellant: HG (represented by: L. Levi, lawyer)

Other party: European Commission (represented initially by G. Berscheid and C. Berardis-Kayser, subsequently by G. Berscheid and T. Bohr, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 19 July 2016, HG v Commission (F-149/15, EU:F:2016:155), seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 19 July 2016, HG v Commission (F-149/15);










2.


Refers the case back to a chamber of the General Court other than the one which has ruled on the present appeal;










3.


Reserves the costs.






(1)  OJ C 441, 28.11.2016.