do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.9063 — Synnex/Convergys) (Text with EEA relevance.)
Date: 2018-10-02
Institutions: Directorate-General for Competition, European Commission
Subjects: customers, economic concentration, merger control, outsourcing, provision of services








C_2018365EN.01000202.xml










9.10.2018   


EN


Official Journal of the European Union


C 365/2






Non-opposition to a notified concentration
(Case M.9063 — Synnex/Convergys)
(Text with EEA relevance)
(2018/C 365/04)
On 2 October 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 32018M9063. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.8828 — Gauselmann/NOVOMATIC/Spielbank Bad Neuenahr/Spielbank Mainz JV) (Text with EEA relevance.)
Date: 2018-10-02
Institutions: Directorate-General for Competition, European Commission
Subjects: automatic game, economic concentration, gaming establishment, merger control








C_2018370EN.01000202.xml










12.10.2018   


EN


Official Journal of the European Union


C 370/2






Non-opposition to a notified concentration
(Case M.8828 — Gauselmann/NOVOMATIC/Spielbank Bad Neuenahr/Spielbank Mainz JV)
(Text with EEA relevance)
(2018/C 370/03)
On 2 October 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 German 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 32018M8828. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.8915 — DS Smith/Europac) (Text with EEA relevance.)
Date: 2018-10-02
Institutions: European Commission
Subjects: economic concentration, merger control, packaging, plastics industry, pulp and paper industry








C_2018353EN.01000401.xml










2.10.2018   


EN


Official Journal of the European Union


C 353/4






Prior notification of a concentration
(Case M.8915 — DS Smith/Europac)
(Text with EEA relevance)
(2018/C 353/03)

1.   
On 24 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:






—


DS Smith plc (‘DS Smith’, United Kingdom),










—


Papeles y Cartones de Europa, S.A. (‘Europac’, Spain).




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


2.   
The business activities of the undertakings concerned are:
—   for DS Smith: active mainly in the manufacture and sale of corrugated packaging in the EEA, and plastic packaging worldwide. DS Smith also collects used paper and corrugated cardboard, to produce recycled paper for corrugated packaging,
—   for Europac: paper and packaging company. It is primarily active in the manufacture and sale of paper, corrugated board and corrugated packaging. For its production of paper and corrugated board, it has forestry operations in Spain, France and Portugal.


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.8915 — DS Smith/Europac
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: 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’).
European Parliament legislative resolution of 2 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Kingdom of Morocco setting out the terms and conditions for the participation of the Kingdom of Morocco in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (06534/2018 – C8-0150/2018 – 2018/0036(NLE))
Date: 2018-10-02
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: Mediterranean region (EU), Morocco, Union for the Mediterranean, cooperation agreement (EU), food policy, innovation, ratification of an agreement, research and development, scientific cooperation, water resources








C_2020011EN.01005701.xml










13.1.2020   


EN


Official Journal of the European Union


C 11/57






P8_TA(2018)0360
EU-Morocco Agreement for scientific and technological cooperation: terms and conditions for the participation of Morocco in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) ***
European Parliament legislative resolution of 2 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Kingdom of Morocco setting out the terms and conditions for the participation of the Kingdom of Morocco in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (06534/2018 – C8-0150/2018 – 2018/0036(NLE))
(Consent)
(2020/C 011/14)

The European Parliament,







—


having regard to the draft Council decision (06534/2018),










—


having regard the draft Agreement for scientific and technological cooperation between the European Union and the Kingdom of Morocco setting out the terms and conditions for the participation of the Kingdom of Morocco in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) (06533/2018),










—


having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6) second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0150/2018),










—


having regard to Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States,










—


having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A8-0281/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Kingdom of Morocco.
Case C-619/18: Action brought on 2 October 2018 — European Commission v Republic of Poland
Date: 2018-10-02
Institutions: Court of Justice
Subjects: discretionary power, equal treatment, independence of the judiciary, judge, retirement conditions








C_2018427EN.01003002.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/30






Action brought on 2 October 2018 — European Commission v Republic of Poland
(Case C-619/18)
(2018/C 427/39)
Language of the case: Polish

Parties


Applicant: European Commission (represented by K. Banks, H. Krämer and S. Kaleda, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:






—


declare that by lowering the retirement age of judges of the Sąd Najwyższy (Supreme Court) and applying it to judges appointed to the Supreme Court before 3 April 2018, and by granting the President of the Republic of Poland discretion to extend the active mandate of Supreme Court judges, the Republic of Poland has failed to fulfil its obligation under the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

First, the Commission claims that the provisions of the Law of 8 December 2017 on the Supreme Court (ustawa z dnia 8 grudnia 2017 r. o Sądzie Najwyższym), lowering the retirement age of judges currently in office, appointed to the Supreme Court before the date of entry into force of that law (3 April 2018), infringes the principle of security of tenure of judges.
Second, the Commission maintains that the provisions of the Law on the Supreme Court, granting the President of the Republic of Poland discretion to extend the active mandate of Supreme Court judges, infringes the principle of judicial independence.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 October 2018 — Euro exchange rates
Date: 2018-10-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2018353EN.01000101.xml










2.10.2018   


EN


Official Journal of the European Union


C 353/1






Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 October 2018
Euro exchange rates (2)

1 October 2018
(2018/C 353/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1606 




JPY


Japanese yen


132,25 




DKK


Danish krone


7,4557 




GBP


Pound sterling


0,89078 




SEK


Swedish krona


10,3300 




CHF


Swiss franc


1,1414 




ISK


Iceland króna


129,30 




NOK


Norwegian krone


9,4465 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,765 




HUF


Hungarian forint


323,04 




PLN


Polish zloty


4,2796 




RON


Romanian leu


4,6605 




TRY


Turkish lira


6,9080 




AUD


Australian dollar


1,6070 




CAD


Canadian dollar


1,4867 




HKD


Hong Kong dollar


9,0848 




NZD


New Zealand dollar


1,7572 




SGD


Singapore dollar


1,5903 




KRW


South Korean won


1 290,16 




ZAR


South African rand


16,4326 




CNY


Chinese yuan renminbi


7,9720 




HRK


Croatian kuna


7,4330 




IDR


Indonesian rupiah


17 304,55 




MYR


Malaysian ringgit


4,8049 




PHP


Philippine peso


62,733 




RUB


Russian rouble


76,1229 




THB


Thai baht


37,418 




BRL


Brazilian real


4,6869 




MXN


Mexican peso


21,5632 




INR


Indian rupee


84,6215 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case T-413/17 INTP: Order of the General Court of 2 October 2018 — Karl Storz v EUIPO (3D) (Procedure — Interpretation of a judgment — EU trade mark — Withdrawal of the application for registration — No need to adjudicate)
Date: 2018-10-02
Institutions: General Court
Subjects: EU trade mark, ionising radiation, medical device, optical medium, recording equipment, registered trade mark, teaching materials, trade-mark law








C_2018436EN.01005002.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/50






Order of the General Court of 2 October 2018 — Karl Storz v EUIPO (3D)
(Case T-413/17 INTP) (1)

((Procedure - Interpretation of a judgment - EU trade mark - Withdrawal of the application for registration - No need to adjudicate))
(2018/C 436/71)
Language of the case: English

Parties


Applicant: Karl Storz GmbH & Co. KG (Tuttlingen, Germany) (represented by: S. Gruber and N. Siebertz, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)

Re:

Application for interpretation of the judgment of 19 June 2018, Karl Storz v EUIPO (3D) (T-413/17, not published, EU:T:2018:356).

Operative part of the order







1.


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










2.


Each party shall bear its own costs.






(1)  OJ C 277, 21.8.2017.
Prior notification of a concentration (Case M.8989 — Sony/EMI Music Publishing) (Text with EEA relevance.)
Date: 2018-10-02
Institutions: European Commission
Subjects: audiovisual production, economic concentration, electronic equipment, electronic game, film production, financial services, merger control








C_2018353EN.01000201.xml










2.10.2018   


EN


Official Journal of the European Union


C 353/2






Prior notification of a concentration
(Case M.8989 — Sony/EMI Music Publishing)
(Text with EEA relevance)
(2018/C 353/02)

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:






—


Sony Corporation of America (‘Sony’, United States), belonging to the group Sony,










—


EMI Music Publishing (‘EMI MP’, United Kingdom).




Sony acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of EMI MP.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Sony: U.S. subsidiary of Sony Corporation of Japan, which, directly and through its subsidiaries, is active globally in various businesses, including electronics products, games, entertainment services – including motion pictures, television programming, recorded music, and music publishing –, and financial services,
—   for EMI MP: music publishing business jointly controlled by Sony and Mubadala, whose catalogue has been administered by Sony/ATV Music Publishing (‘Sony/ATV’) since 2012.


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.8989 — Sony/EMI Music Publishing
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: 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 T-591/18: Action brought on 2 October 2018 — ZD v Parliament
Date: 2018-10-02
Institutions: General Court
Subjects: European official, disciplinary proceedings, dismissal, principle of proportionality, rights of the defence, staff regulations (EU)








C_2018427EN.01009702.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/97






Action brought on 2 October 2018 — ZD v Parliament
(Case T-591/18)
(2018/C 427/128)
Language of the case: French

Parties


Applicant: ZD (represented by: S. Pappas, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the decision suspending her from her duties;










—


order the defendant to pay the costs.





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 infringement of the rights of the defence and the principle of sound administration, in so far as the administration did not hear her before the decision was adopted, although it would have been possible to hold a hearing without adversely affecting the interests of either the investigation or the service.










2.


Second plea in law, alleging infringement of the obligation to state reasons, in so far as the allegation of serious misconduct on which the contested decision is based is incomplete, vague and neither justified nor supported by precise evidence showing that there was sufficient suspicion that might lead to the conclusion that the applicant breached her duties under the Staff Regulations.










3.


Third plea in law, alleging infringement of the principle of proportionality, as the administration could have adopted less severe measures while meeting the needs of the investigation.










4.


Fourth plea in law, alleging breach of the duty to have regard to the welfare of officials, in so far as the administration did not weigh up the applicant’s interests and those of the service, in particular the fact that the applicant has been working for the Parliament for 15 years, has an excellent relationship with her hierarchical superiors and has very good staff reports, and, moreover, the decision — which was publicised within a short time — adversely affects her person and her reputation.
European Parliament legislative resolution of 2 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part (06730/2018 – C8-0160/2018 – 2009/0018(NLE))
Date: 2018-10-02
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Canada, agreement (EU), air transport, ratification of an agreement








C_2020011EN.01005801.xml










13.1.2020   


EN


Official Journal of the European Union


C 11/58






P8_TA(2018)0361
EU-Canada air transport agreement ***
European Parliament legislative resolution of 2 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Air Transport Agreement between the European Community and its Member States, of the one part, and Canada, of the other part (06730/2018 – C8-0160/2018 – 2009/0018(NLE))
(Consent)
(2020/C 011/15)

The European Parliament,







—


having regard to the draft Council decision (06730/2018),










—


having regard to the Agreement on Air Transport between Canada and the European Community and its Member States (1),










—


having regard to the request for consent submitted by the Council in accordance with Articles 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0160/2018),










—


having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A8-0254/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Canada.






(1)  OJ L 207, 6.8.2010, p. 32
European Parliament legislative resolution of 2 October 2018 on the proposal for a Council directive amending Directives 2006/112/EC and 2008/118/EC as regards the inclusion of the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano in the customs territory of the Union and in the territorial application of Directive 2008/118/EC (COM(2018)0261 – C8-0226/2018 – 2018/0124(CNS))
Date: 2018-10-02
Institutions: Committee on Economic and Monetary Affairs, Committee on Industry, Research and Energy, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: Italy, Lombardy, Switzerland, VAT, customs territory (EU), excise duty, lake, municipality








C_2020011EN.01005901.xml










13.1.2020   


EN


Official Journal of the European Union


C 11/59






P8_TA(2018)0362
Inclusion of the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano in the customs territory of the Union *
European Parliament legislative resolution of 2 October 2018 on the proposal for a Council directive amending Directives 2006/112/EC and 2008/118/EC as regards the inclusion of the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano in the customs territory of the Union and in the territorial application of Directive 2008/118/EC (COM(2018)0261 – C8-0226/2018 – 2018/0124(CNS))
(Special legislative procedure – consultation)
(2020/C 011/16)

The European Parliament,







—


having regard to the Commission proposal to the Council (COM(2018)0261),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0226/2018),










—


having regard to Rule 78c of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A8-0284/2018),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Non-opposition to a notified concentration (Case M.9101 — ExxonMobil/Qatar Petroleum/ExxonMobil Exploration Argentina/Mobil Argentina) (Text with EEA relevance.)
Date: 2018-10-02
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, electrical energy, energy production, gas industry, merger control, oil industry, petrochemicals








C_2018366EN.01000201.xml










10.10.2018   


EN


Official Journal of the European Union


C 366/2






Non-opposition to a notified concentration
(Case M.9101 — ExxonMobil/Qatar Petroleum/ExxonMobil Exploration Argentina/Mobil Argentina)
(Text with EEA relevance)
(2018/C 366/03)
On 2 October 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 32018M9101. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.