do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9048 — Delta Electronics/Delta Electronics Thailand) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-10-08
Institutions: European Commission
Subjects: automation, economic concentration, electronics industry, merger control, telecommunications industry








C_2018362EN.01001401.xml










8.10.2018   


EN


Official Journal of the European Union


C 362/14






Prior notification of a concentration
(Case M.9048 — Delta Electronics/Delta Electronics Thailand)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 362/12)

1.   
On 1 October 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:






—


Delta Electronics, Inc. (‘DEI’, Taiwan),










—


Delta Electronics (Thailand) Public Company Ltd (‘DET’, Thailand).




DEI acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of DET.
The concentration is accomplished by way of public bid announced on 31 July 2018.


2.   
The business activities of the undertakings concerned are:
—   for DEI: DEI is primarily active in power and thermal management solutions but also present in the manufacturing and sale of industrial automation products, digital display products, telecommunication products, components for consumer electronics products, building automation solutions, renewable energy technology solutions, etc.,
—   for DET: DET is an electronics manufacturing company focused on the production of power supplies, fan and thermal management, power systems, automotive electronics and related products. The products are used in applications for automotive, medical, telecommunications, IT, and more.


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.9048 — Delta Electronics/Delta Electronics Thailand
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







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

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-605/18: Action brought on 8 October 2018 — ZF v Commission
Date: 2018-10-08
Institutions: General Court
Subjects: European External Action Service, administrator, pay scale, pension scheme, seniority, servant (EU), staff regulations (EU), temporary employment








C_2018455EN.01002701.xml










17.12.2018   


EN


Official Journal of the European Union


C 455/27






Action brought on 8 October 2018 — ZF v Commission
(Case T-605/18)
(2018/C 455/36)
Language of the case: French

Parties


Applicant: ZF (represented by: J.-N Louis, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Decision of 30 November 2017 fixing the applicant’s pension rights with retroactive effect from 6 March 2015 and Commission Decision of 31 January 2018 to recover an alleged overpayment;










—


order the Commission 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 the unlawfulness of the withdrawal of a measure conferring subjective rights, in that the applicant’s rights were fixed when he entered the service of the EEAS on 1 October 2011 in accordance with Article 15(1) of the Conditions of Employment of Other Servants of the European Union. The applicant submits therefore that either that decision was lawful and could not be withdrawn, or it was unlawful and so the withdrawal could take effect only within a reasonable period.










2.


Second plea in law, alleging an error of law in that the decision to recruit the applicant as a temporary agent of grade AD 12, step 8 with seniority in step from 1 November 2007 was a lawful decision and in line with the contract binding the parties, and could not be lawfully withdrawn and replaced by a decision applying a corrective coefficient resulting in a marked reduction in the applicant’s remuneration.










3.


Third plea in law, alleging a manifest error of assessment on the part of the Commission when it decided that the applicant performed duties at the level of head of sector.










4.


Fourth plea in law, alleging infringement of the duty to state reasons in that the contested decisions are vitiated by a failure to state any relevant reasons.










5.


Fifth plea in law, alleging infringement of Article 85 of the Staff Regulations of Officials of the European Union, on the ground that the applicant could not be informed of a possible irregularity in the decision fixing his rights when he entered the service of the EEAS.
Commission Implementing Regulation (EU) 2018/1494 of 8 October 2018 amending for the 291st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
Date: 2018-10-08
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: EU restrictive measure, economic sanctions, international sanctions, legal person, terrorism, trade restriction








LI2018252EN.01000101.xml










8.10.2018   


EN


Official Journal of the European Union


LI 252/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1494
of 8 October 2018
         
amending for the 291st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 4 October 2018, the Sanctions Committee of the United Nations Security Council decided to add one entry to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.












(3)


In order to ensure that the measures provided for in this Regulation are effective it should enter into force immediately,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


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, 8 October 2018.


For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
In Annex I to Regulation (EC) No 881/2002 the following entry is added under the heading ‘Legal persons, groups and entities’:


            ‘Jama'a Nusrat ul-Islam wa al-Muslimin (JNIM). Date of designation referred to in Article 7d(2)(i): 4.10.2018.’
Case T-615/18: Action brought on 8 October 2018 — Diesel v EUIPO — Sprinter megacentrosdel deporte (D)
Date: 2018-10-08
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, leather, registered trade mark, sports equipment, trade-mark law








C_2018455EN.01003001.xml










17.12.2018   


EN


Official Journal of the European Union


C 455/30






Action brought on 8 October 2018 — Diesel v EUIPO — Sprinter megacentrosdel deporte (D)
(Case T-615/18)
(2018/C 455/39)
Language of the case: English

Parties


Applicant: Diesel SpA (Breganze, Italy) (represented by: A. Parassina, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sprinter megacentros del deporte, SL (Elche, Spain)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark D — Application for registration No 11 404 019

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 August 2018 in Case R 2657/2017-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceeding.





Pleas in law







—


Infringement of Rule 22(3) of Commission Regulation (EC) No 2868/95;










—


Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-630/18: Request for a preliminary ruling from the Landesgericht Linz (Austria) lodged on 8 October 2018 — HK, IJ v Deutsche Lufthansa AG
Date: 2018-10-08
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, indemnification, traveller








C_2019054EN.01000401.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/4






Request for a preliminary ruling from the Landesgericht Linz (Austria) lodged on 8 October 2018 — HK, IJ v Deutsche Lufthansa AG
(Case C-630/18)
(2019/C 54/05)
Language of the case: German

Referring court

Landesgericht Linz

Parties to the main proceedings


Applicants: HK, IJ

Defendant: Deutsche Lufthansa AG
The case was removed from the Register of the Court of Justice by order of the Court of 15 November 2018.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2018-10-08
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, sports equipment, synthetic rubber








C_2018362EN.01000501.xml










8.10.2018   


EN


Official Journal of the European Union


C 362/5






Explanatory Notes to the Combined Nomenclature of the European Union
(2018/C 362/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 383









‘9506




Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and paddling pools’







The following text shall be added after the existing text:


‘This heading does not include resistance bands, fitness bands or similar products without handles. They are usually packed individually or in packs of two or more for retail sale. They are available in different colours and sizes and may have imprints. According to their objective characteristics, these bands are not identifiable as articles for general physical exercise. Consequently, they are to be classified according to their constituent material, for example in heading 4008 as “strips of non-cellular rubber” (See also note 1 and note 9 to Chapter 40).
 ’


(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.
Non-opposition to a notified concentration (Case M.8842 — Tele2/Com Hem Holding) (Text with EEA relevance.)
Date: 2018-10-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronic commerce, investment company, merger control, provision of services, retail trade, telecommunications, television








C_2019123EN.01000202.xml










2.4.2019   


EN


Official Journal of the European Union


C 123/2






Non-opposition to a notified concentration
(Case M.8842 — Tele2/Com Hem Holding)
(Text with EEA relevance)
(2019/C 123/04)
On 8 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 32018M8842. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-631/18: Action brought on 8 October 2018 — European Commission v Republic of Slovenia
Date: 2018-10-08
Institutions: Court of Justice
Subjects: bank charges, financial instrument, financial legislation, infringement of EU law, investment company, investment protection, management audit, provision of services, reinsurance








C_2019155EN.01001602.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/16






Action brought on 8 October 2018 — European Commission v Republic of Slovenia
(Case C-631/18)
(2019/C 155/21)
Language of the case: Slovenian

Parties


Applicant: European Commission (represented by: T. Scharf, B. Rous Demiri, acting as Agents)

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:






—


declare that, by having failed to adopt (all) the laws, regulations and administrative provisions necessary to comply with Commission Delegated Directive (EU) 2017/593 of 7 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council, or by having failed to notify the Commission that it has adopted such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 14 of that directive; and










—


order the Republic of Slovenia to pay the costs.





Pleas in law and main arguments

Under Article 14 of Directive (EU) 2017/593, the Member States were under an obligation to adopt and publish, by 3 July 2017 at the latest, the provisions necessary to comply with that directive and to communicate them forthwith to the Commission. As the Republic of Slovenia did not, within that deadline, communicate to the Commission the measures transposing that directive, the Commission has decided to bring an action before the Court of Justice.
The deadline for transposing the directive expired on 3 July 2017.