do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8993 — Huaxin/Juniper/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-28
Institutions: European Commission
Subjects: computer network, economic concentration, investment company, merger control, telecommunications








C_2018347EN.01001901.xml










28.9.2018   


EN


Official Journal of the European Union


C 347/19






Prior notification of a concentration
(Case M.8993 — Huaxin/Juniper/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 347/08)

1.   
On 21 September 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:






—


China Huaxin Post and Telecom Technologies Co., Ltd (‘Huaxin’, PRC),










—


Juniper Networks International B.V. (‘Juniper’, United States), and










—


Shanghai Huaxin Juniper Networks Co., Ltd (‘JV’, United States).




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


2.   
The business activities of the undertakings concerned are:






—


Huaxin is a wholly PRC State-owned industrial investment company that focuses on telecommunication solutions, optical fibre and cable and radio frequency, enterprise network and cloud computing, and system software,










—


Juniper designs, develops, and sells routing, switching and security products and services for high-performance networks,










—


The JV will be engaged in research, development, sale, marketing, manufacturing, distribution and service of network switches, network routers, and network security products in the PRC.






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.8993 — Huaxin/Juniper/JV
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.
Euro exchange rates
Date: 2018-09-28
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018347EN.01000201.xml










28.9.2018   


EN


Official Journal of the European Union


C 347/2






Euro exchange rates (1)

27 September 2018
(2018/C 347/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1707 




JPY


Japanese yen


132,15 




DKK


Danish krone


7,4591 




GBP


Pound sterling


0,88973 




SEK


Swedish krona


10,3208 




CHF


Swiss franc


1,1371 




ISK


Iceland króna


128,70 




NOK


Norwegian krone


9,5015 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,715 




HUF


Hungarian forint


323,70 




PLN


Polish zloty


4,2779 




RON


Romanian leu


4,6701 




TRY


Turkish lira


7,0415 




AUD


Australian dollar


1,6200 




CAD


Canadian dollar


1,5301 




HKD


Hong Kong dollar


9,1478 




NZD


New Zealand dollar


1,7638 




SGD


Singapore dollar


1,5976 




KRW


South Korean won


1 301,82 




ZAR


South African rand


16,5152 




CNY


Chinese yuan renminbi


8,0550 




HRK


Croatian kuna


7,4318 




IDR


Indonesian rupiah


17 450,33 




MYR


Malaysian ringgit


4,8398 




PHP


Philippine peso


63,357 




RUB


Russian rouble


76,9011 




THB


Thai baht


37,960 




BRL


Brazilian real


4,7290 




MXN


Mexican peso


22,0889 




INR


Indian rupee


84,9830 






(1)  Source: reference exchange rate published by the ECB.
Council Decision (CFSP) 2018/1465 of 28 September 2018 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Date: 2018-09-28
Institutions: Council of the European Union
Subjects: EU restrictive measure, Libya, economic sanctions, international sanctions, natural person




L_2018245EN.01001601.xml










1.10.2018   


EN


Official Journal of the European Union


L 245/16








            COUNCIL DECISION (CFSP) 2018/1465
of 28 September 2018
         
amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya


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 2015 the Council adopted Decision (CFSP) 2015/1333 (1).












(2)


On 21 March 2018 the Council adopted Decision (CFSP) 2018/476 (2).












(3)


In view of the continuing instability and gravity of the situation in Libya, the Council has decided that the restrictive measures concerning three persons should be extended for a further period of six months.












(4)


Decision (CFSP) 2015/1333 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 17 of Decision (CFSP) 2015/1333, paragraphs 3 and 4 are replaced by the following:


‘3.   The measures referred to in Article 8(2) shall apply with regard to entries 14, 15 and 16 in Annex II until 2 April 2019.


4.   The measures referred to in Article 9(2) shall apply with regard to entries 19, 20 and 21 in Annex IV until 2 April 2019.’.




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




Done at Brussels, 28 September 2018.


For the Council


The President

M. SCHRAMBÖCK
            





(1)  Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ L 206, 1.8.2015, p. 34).

(2)  Council Decision (CFSP) 2018/476 of 21 March 2018 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ L 79, 22.3.2018, p. 30).
Case T-710/17: Order of the General Court of 28 September 2018 — Lux-Rehab Non-Profit v Commission (Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Concept of ‘party concerned’ — No individual concern — Inadmissibility)
Date: 2018-09-28
Institutions: General Court
Subjects: Hungary, State aid, control of State aid, damages, discrimination based on disability, employment aid, integration of people with disabilities, worker with disabilities








C_2018427EN.01007301.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/73






Order of the General Court of 28 September 2018 — Lux-Rehab Non-Profit v Commission
(Case T-710/17) (1)

(Action for annulment - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Preliminary examination procedure - Alleged Commission decisions declaring the aid measure compatible with the internal market - Concept of ‘party concerned’ - No individual concern - Inadmissibility)
(2018/C 427/97)
Language of the case: Hungarian

Parties


Applicant: Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) (Szombathely, Hungary) (represented by: L. Szabó, lawyer)

Defendant: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the decisions that the Commission allegedly adopted concerning the complaints SA.29432 — CP 290/2009 — Hungary — Aid for the employment of disabled workers alleged to be unlawful due to the discriminatory nature of the legislation and SA. 45498 (FC/2016) — Complaint made by OPS Újpest-lift Kft. concerning the State aid granted between 2006 and 2012 to companies employing disabled workers.

Operative part of the order







1.


The action is dismissed.










2.


Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) shall pay the costs.






(1)  OJ C 437, 18.12.2017.
Prior notification of a concentration (Case M.9096 — Vallourec Tubes/Bpifrance Group/Vallourec Umbilicals) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-28
Institutions: European Commission
Subjects: economic concentration, investment company, iron and steel industry, merger control








C_2018347EN.01002401.xml










28.9.2018   


EN


Official Journal of the European Union


C 347/24






Prior notification of a concentration
(Case M.9096 — Vallourec Tubes/Bpifrance Group/Vallourec Umbilicals)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 347/12)

1.   
On 20 September 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:






—


Bpifrance Investissement (France),










—


Vallourec Tubes (France),










—


Vallourec Umbilicals (France), controlled by Vallourec Tubes.




Bpifrance Investissement and Vallourec Tubes acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Vallourec Umbilicals.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   Bpifrance Investissement: investment fund that provides funds and makes direct investments in industrial projects,
—   Vallourec Tubes: manufacture of seamless steel tubes and piping solutions for energy and industry markets,
—   Vallourec Umbilicals: manufacture of stainless steel welded rolled tubes for umbilicals.


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 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 no later than 10 days following the date of this publication. The following reference should always be specified:
M.9096 — Vallourec Tubes/Bpifrance Group/Vallourec Umbilicals
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




BELQIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-592/18: Action brought on 28 September 2018 — Wywiał-Prząda v Commission
Date: 2018-09-28
Institutions: General Court
Subjects: Belgium, European official, allowances and expenses, diplomatic profession, expatriate worker, residence








C_2018427EN.01009801.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/98






Action brought on 28 September 2018 — Wywiał-Prząda v Commission
(Case T-592/18)
(2018/C 427/129)
Language of the case: French

Parties


Applicant: Katarzyna Wywiał-Prząda (Wezembeek-Oppem, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of 23 November 2017 refusing her the benefit of the expatriation allowance;










—


order the European Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging the infringement of Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Union, as interpreted by the judgment of 21 June 2007, Commission v Hosman-Chevalier (C-424/05 P, EU:C:2007:367), on the ground that the period during which she resided in Belgium during the reference period with diplomatic status is comparable to a circumstance ‘arising from work done for another State or for an international organisation’.










2.


Second plea in law, raised in the alternative should that period not be capable of being discounted, alleging the infringement of Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Union, on the ground that it must be found, in any event, that she did not, during the reference period, intend to confer on her presence in Belgium, inextricably linked to her husband’s diplomatic mission, the stable character inherent in the concept of habitual residence.
Case T-582/18: Action brought on 28 September 2018 — Boxer Barcelona v EUIPO — X-Technology Swiss (XBOXER)
Date: 2018-09-28
Institutions: General Court
Subjects: EU trade mark, clothing, dietary product, food supplement, footwear industry, pharmaceutical product, registered trade mark, reproductive health, trade-mark law, veterinary medicinal product








C_2018427EN.01009401.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/94






Action brought on 28 September 2018 — Boxer Barcelona v EUIPO — X-Technology Swiss (XBOXER)
(Case T-582/18)
(2018/C 427/124)
Language in which the application was lodged: Spanish

Parties


Applicant: Boxer Barcelona, SL (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: X-Technology Swiss GmbH (Wollerau, Switzerland)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark XBOXER — Application for registration No 11 673 068

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 July 2018 in Case R 2186/2017-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law and main arguments







—


Insufficiency of the evidence of use submitted by the opponent.










—


Absence of confusion as regards the similarity between the opposing marks and the mark applied for.
Decision No 3/2018 of the ACP-EU committee of ambassadors of 28 September 2018 giving a discharge to the Director of the Technical Centre for Agricultural and Rural Cooperation (CTA) in respect of the implementation of its budget for the financial years 2007-2016 [2018/1527]
Date: 2018-09-28
Institutions: ACP–EU Committee of Ambassadors
Subjects: ACP-EU institution, budgetary discharge, cooperation on agriculture, financial year, general budget (EU), rural development








L_2018256EN.01011901.xml










12.10.2018   


EN


Official Journal of the European Union


L 256/119








            DECISION No 3/2018 OF THE ACP-EU COMMITTEE OF AMBASSADORS
         
of 28 September 2018
         
giving a discharge to the Director of the Technical Centre for Agricultural and Rural Cooperation (CTA) in respect of the implementation of its budget for the financial years 2007-2016 [2018/1527]


THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), and in particular Article 3(4) of Annex III thereto,


Having regard to Decision No 3/2006 of the ACP-EC Committee of Ambassadors of 27 September 2006 on the Financial Regulation of the Technical Centre for Agricultural and Rural Cooperation (CTA) (2),


Having regard to the financial statements of the Technical Centre for Agricultural and Rural Cooperation for the financial years 2007 to 2016, adopted on 31 December of each of those years respectively,


Having regard to the Auditors' reports on the Centre's accounts for the financial years 2007 to 2016,


Having taken note of the replies given by the Director of the Centre to the comments made by the Auditors,

Whereas:







(1)


The revenue of the Centre for the financial years 2007 to 2016 consisted principally of contributions from the European Development Fund amounting to EUR 20 148 346 for 2007, EUR 17 812 007 for 2008, EUR 16 334 434,15 for 2009, EUR 22 132 300 for 2010, EUR 17 556 601 for 2011, EUR 19 776 871 for 2012, EUR 22 327 270 for 2013, EUR 25 656 397 for 2014, EUR 15 177 000 for 2015 and EUR 16 859 000 for 2016.












(2)


The Director's overall implementation of the Centre's budgets during the financial years 2007 to 2016 were such that he should be given a discharge in respect of the implementation of those budgets,





HAS DECIDED AS FOLLOWS:



Sole Article
The Committee, on the basis of the Auditors' reports and the financial statements for the corresponding financial years, hereby gives a discharge to the Director of the Technical Centre for Agricultural and Rural Cooperation in respect of the implementation of its budget for the financial years 2007 to 2016.




Done at Brussels, 28 September 2018.


For the ACP-EU Committee of Ambassadors


The Chairman

Ammo Aziza BAROUD
            





(1)  
            OJ L 317, 15.12.2000, p. 3.

(2)  
            OJ L 350, 12.12.2006, p. 1.
Case T-574/18: Action brought on 28 September 2018 — Agrochem-Maks v Commission
Date: 2018-09-28
Institutions: General Court
Subjects: aquatic ecosystem, environmental protection, environmental risk prevention, market approval, plant health control, plant health product, precautionary principle, principle of proportionality








C_2018427EN.01009301.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/93






Action brought on 28 September 2018 — Agrochem-Maks v Commission
(Case T-574/18)
(2018/C 427/122)
Language of the case: English

Parties


Applicant: Agrochem-Maks d.o.o. (Zagreb, Croatia) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Regulation (EU) 2018/1019; (1)











—


order the defendant to pay its own costs and to bear applicant’s costs in the present proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging violation of the administration’s obligation to give reasons pursuant to Article 41(2)(c) of the Charter of Fundamental Rights of the European Union.










2.


Second plea in law, alleging violation of Article 6(f) of or point 2.2. of Annex II to Regulation (EC) No 1107/2009 (2) and of the proportionality principle, in relation to the alleged data gaps concerning the active substance for which approval is sought.










3.


Third plea in law, alleging the erroneous application of the precautionary principle with regard to the said alleged data gaps/issues that could not be finalised for the purposes of the risk assessment.










4.


Fourth plea in law, alleging violation of Article 4 of Regulation (EC) No 1107/2009 with regard to the identification of high risk with regard to aquatic organisms.






(1)  Commission Implementing Regulation (EU) 2018/1019 of 18 July 2018 concerning the non-renewal of approval of the active substance oxasulfuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 183, p. 14).

(2)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).
Case T-708/17: Order of the General Court of 28 September 2018 — OPS Újpest v Commission (Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Period allowed for commencing proceedings — Delay — Inadmissibility)
Date: 2018-09-28
Institutions: General Court
Subjects: Hungary, State aid, control of State aid, damages, discrimination based on disability, employment aid, integration of people with disabilities, worker with disabilities








C_2018427EN.01007102.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/71






Order of the General Court of 28 September 2018 — OPS Újpest v Commission
(Case T-708/17) (1)

(Action for annulment - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Preliminary examination procedure - Alleged Commission decisions declaring the aid measure compatible with the internal market - Period allowed for commencing proceedings - Delay - Inadmissibility)
(2018/C 427/95)
Language of the case: Hungarian

Parties


Applicant: OPS Újpesti Csökkentmunkaképességűek Ipari és Kereskedelmi Kft. (OPS Újpest Kft.) (Budapest, Hungary) (represented by: L. Szabó, lawyer)

Defendant: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the decisions that the Commission allegedly adopted concerning the complaints SA.29432 — CP 290/2009 — Hungary — Aid for the employment of disabled workers alleged to be unlawful due to the discriminatory nature of the legislation and SA. 45498 (FC/2016) — Complaint made by OPS Újpest-lift Kft. concerning the State aid granted between 2006 and 2012 to companies employing disabled workers.

Operative part of the order







1.


The action is dismissed.










2.


OPS Újpesti Csökkentmunkaképességűek Ipari és Kereskedelmi Kft. (OPS Újpest Kft.) shall pay the costs.






(1)  OJ C 437, 18.12.2017.